Title 42 — The Public Health and Welfare
Chapter 7 — Social Security
§ 418. Voluntary agreements for coverage of State and local employees
Statutory text
Purpose of agreement
The Commissioner of Social Security shall, at the request of any State, enter into an agreement with such State for the purpose of extending the insurance system established by this subchapter to services performed by individuals as employees of such State or any political subdivision thereof. Each such agreement shall contain such provisions, not inconsistent with the provisions of this section, as the State may request.
Notwithstanding section 410(a) of this title, for the purposes of this subchapter the term “employment” includes any service included under an agreement entered into under this section.
Definitions
For the purposes of this section—
The term “State” does not include the District of Columbia, Guam, or American Samoa.
The term “political subdivision” includes an instrumentality of (A) a State, (B) one or more political subdivisions of a State, or (C) a State and one or more of its political subdivisions.
The term “employee” includes an officer of a State or political subdivision.
The term “retirement system” means a pension, annuity, retirement, or similar fund or system established by a State or by a political subdivision thereof.
The term “coverage group” means (A) employees of the State other than those engaged in performing service in connection with a proprietary function; (B) employees of a political subdivision of a State other than those engaged in performing service in connection with a proprietary function; (C) employees of a State engaged in performing service in connection with a single proprietary function; or (D) employees of a political subdivision of a State engaged in performing service in connection with a single proprietary function. If under the preceding sentence an employee would be included in more than one coverage group by reason of the fact that he performs service in connection with two or more proprietary functions or in connection with both a proprietary function and a nonproprietary function, he shall be included in only one such coverage group. The determination of the coverage group in which such employee shall be included shall be made in such manner as may be specified in the agreement. Persons employed under section 709 of title 32, who elected under section 6 of the National Guard Technicians Act of 1968 to remain covered by an employee retirement system of, or plan sponsored by, a State or the Commonwealth of Puerto Rico, shall, for the purposes of this chapter, be employees of the State or the Commonwealth of Puerto Rico and (notwithstanding the preceding provisions of this paragraph), shall be deemed to be a separate coverage group. For purposes of this section, individuals employed pursuant to an agreement, entered into pursuant to section 1624 of title 7 or section 499n of title 7, between a State and the United States Department of Agriculture to perform services as inspectors of agricultural products may be deemed, at the option of the State, to be employees of the State and (notwithstanding the preceding provisions of this paragraph) shall be deemed to be a separate coverage group.
Services covered
An agreement under this section shall be applicable to any one or more coverage groups designated by the State.
In the case of each coverage group to which the agreement applies, the agreement must include all services (other than services excluded by or pursuant to subsection (d) or paragraph (3), (5), or (6) of this subsection) performed by individuals as members of such group.
Such agreement shall, if the State requests it, exclude (in the case of any coverage group) any one or more of the following:
All services in any class or classes of (i) elective positions, (ii) part-time positions, or (iii) positions the compensation for which is on a fee basis;
All services performed by individuals as members of a coverage group in positions covered by a retirement system on the date such agreement is made applicable to such coverage group, but only in the case of individuals who, on such date (or, if later, the date on which they first occupy such positions), are not eligible to become members of such system and whose services in such positions have not already been included under such agreement pursuant to subsection (d)(3).
The Commissioner of Social Security shall, at the request of any State, modify the agreement with such State so as to (A) include any coverage group to which the agreement did not previously apply, or (B) include, in the case of any coverage group to which the agreement applies, services previously excluded from the agreement; but the agreement as so modified may not be inconsistent with the provisions of this section applicable in the case of an original agreement with a State. A modification of an agreement pursuant to clause (B) of the preceding sentence may apply to individuals to whom paragraph (3)(B) of this subsection is applicable (whether or not the previous exclusion of the service of such individuals was pursuant to such paragraph), but only if such individuals are, on the effective date specified in such modification, ineligible to be members of any retirement system or if the modification with respect to such individuals is pursuant to subsection (d)(3).
Such agreement shall, if the State requests it, exclude (in the case of any coverage group) any agricultural labor, or service performed by a student, designated by the State. This paragraph shall apply only with respect to service which is excluded from employment by any provision of section 410(a) of this title other than paragraph (7) of such section and service the remuneration for which is excluded from wages by subparagraph (B) of section 409(a)(7) of this title.
Such agreement shall exclude—
service performed by an individual who is employed to relieve him from unemployment,
service performed in a hospital, home, or other institution by a patient or inmate thereof,
covered transportation service (as determined under section 410(k) of this title),
service (other than agricultural labor or service performed by a student) which is excluded from employment by any provision of section 410(a) of this title other than paragraph (7) of such section,
service performed by an individual as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or other similar emergency, and
service described in section 410(a)(7)(F) of this title which is included as “employment” under section 410(a) of this title.
No agreement may be made applicable (either in the original agreement or by any modification thereof) to service performed by any individual to whom paragraph (3)(B) of this subsection is applicable unless such agreement provides (in the case of each coverage group involved) either that the service of any individual to whom such paragraph is applicable and who is a member of such coverage group shall continue to be covered by such agreement in case he thereafter becomes eligible to be a member of a retirement system, or that such service shall cease to be so covered when he becomes eligible to be a member of such a system (but only if the agreement is not already applicable to such system pursuant to subsection (d)(3)), whichever may be desired by the State.
Notwithstanding any other provision of this section, the agreement with any State entered into under this section may at the option of the State be modified at any time to exclude service performed by election officials or election workers if the remuneration paid in a calendar year for such service is less than $1,000 with respect to service performed during any calendar year commencing on or after , ending on or before , and the adjusted amount determined under subparagraph (B) for any calendar year commencing on or after , with respect to service performed during such calendar year. Any modification of an agreement pursuant to this paragraph shall be effective with respect to services performed in and after the calendar year in which the modification is mailed or delivered by other means to the Commissioner of Social Security.
For each year after 1999, the Commissioner of Social Security shall adjust the amount referred to in subparagraph (A) at the same time and in the same manner as is provided under section 415(a)(1)(B)(ii) of this title with respect to the amounts referred to in section 415(a)(1)(B)(i) of this title, except that—
for purposes of this subparagraph, 1997 shall be substituted for the calendar year referred to in section 415(a)(1)(B)(ii)(II) of this title, and
such amount as so adjusted, if not a multiple of $100, shall be rounded to the next higher multiple of $100 where such amount is a multiple of $50 and to the nearest multiple of $100 in any other case.
The Commissioner of Social Security shall determine and publish in the Federal Register each adjusted amount determined under this subparagraph not later than November 1 preceding the year for which the adjustment is made.
Positions covered by retirement systems
No agreement with any State may be made applicable (either in the original agreement or by any modification thereof) to any service performed by employees as members of any coverage group in positions covered by a retirement system either (A) on the date such agreement is made applicable to such coverage group, or (B) on (except in the case of positions which are, by reason of action by such State or political subdivision thereof, as may be appropriate, taken prior to , no longer covered by a retirement system on the date referred to in clause (A), and except in the case of positions excluded by paragraph (5)(A) of this subsection). The preceding sentence shall not be applicable to any service performed by an employee as a member of any coverage group in a position (other than a position excluded by paragraph (5)(A) of this subsection) covered by a retirement system on the date an agreement is made applicable to such coverage group if, on such date (or, if later, the date on which such individual first occupies such position), such individual is ineligible to be a member of such system.
It is declared to be the policy of the Congress in enacting the succeeding paragraphs of this subsection that the protection afforded employees in positions covered by a retirement system on the date an agreement under this section is made applicable to service performed in such positions, or receiving periodic benefits under such retirement system at such time, will not be impaired as a result of making the agreement so applicable or as a result of legislative enactment in anticipation thereof.
Notwithstanding paragraph (1) of this subsection, an agreement with a State may be made applicable (either in the original agreement or by any modification thereof) to service performed by employees in positions covered by a retirement system (including positions specified in paragraph (4) of this subsection but not including positions excluded by or pursuant to paragraph (5)), if the governor of the State, or an official of the State designated by him for the purpose, certifies to the Commissioner of Social Security that the following conditions have been met:
A referendum by secret written ballot was held on the question of whether service in positions covered by such retirement system should be excluded from or included under an agreement under this section;
An opportunity to vote in such referendum was given (and was limited) to eligible employees;
Not less than ninety days’ notice of such referendum was given to all such employees;
Such referendum was conducted under the supervision of the governor or an agency or individual designated by him; and
A majority of the eligible employees voted in favor of including service in such positions under an agreement under this section.
An employee shall be deemed an “eligible employee” for purposes of any referendum with respect to any retirement system if, at the time such referendum was held, he was in a position covered by such retirement system and was a member of such system, and if he was in such a position at the time notice of such referendum was given as required by clause (C) of the preceding sentence; except that he shall not be deemed an “eligible employee” if, at the time the referendum was held, he was in a position to which the State agreement already applied, or if he was in a position excluded by or pursuant to paragraph (5). No referendum with respect to a retirement system shall be valid for purposes of this paragraph unless held within the two-year period which ends on the date of execution of the agreement or modification which extends the insurance system established by this subchapter to such retirement system, nor shall any referendum with respect to a retirement system be valid for purposes of this paragraph if held less than one year after the last previous referendum held with respect to such retirement system.
For the purposes of subsection (c) of this section, the following employees shall be deemed to be a separate coverage group—
all employees in positions which were covered by the same retirement system on the date the agreement was made applicable to such system (other than employees to whose services the agreement already applied on such date);
all employees in positions which became covered by such system at any time after such date; and
all employees in positions which were covered by such system at any time before such date and to whose services the insurance system established by this subchapter has not been extended before such date because the positions were covered by such retirement system (including employees to whose services the agreement was not applicable on such date because such services were excluded pursuant to subsection (c)(3)(B)).
Nothing in paragraph (3) of this subsection shall authorize the extension of the insurance system established by this subchapter to service in any policeman’s or fireman’s position.
At the request of the State, any class or classes of positions covered by a retirement system which may be excluded from the agreement pursuant to paragraph (3) or (5) of subsection (c), and to which the agreement does not already apply, may be excluded from the agreement at the time it is made applicable to such retirement system; except that, notwithstanding the provisions of paragraph (3)(B) of such subsection, such exclusion may not include any services to which such paragraph (3)(B) is applicable. In the case of any such exclusion, each such class so excluded shall, for purposes of this subsection, constitute a separate retirement system in case of any modification of the agreement thereafter agreed to.
If a retirement system covers positions of employees of the State and positions of employees of one or more political subdivisions of the State, or covers positions of employees of two or more political subdivisions of the State, then, for purposes of the preceding paragraphs of this subsection, there shall, if the State so desires, be deemed to be a separate retirement system with respect to any one or more of the political subdivisions concerned and, where the retirement system covers positions of employees of the State, a separate retirement system with respect to the State or with respect to the State and any one or more of the political subdivisions concerned. Where a retirement system covering positions of employees of a State and positions of employees of one or more political subdivisions of the State, or covering positions of employees of two or more political subdivisions of the State, is not divided into separate retirement systems pursuant to the preceding sentence or pursuant to subparagraph (C), then the State may, for purposes of subsection (e) only, deem the system to be a separate retirement system with respect to any one or more of the political subdivisions concerned and, where the retirement system covers positions of employees of the State, a separate retirement system with respect to the State or with respect to the State and any one or more of the political subdivisions concerned.
If a retirement system covers positions of employees of one or more institutions of higher learning, then, for purposes of such preceding paragraphs there shall, if the State so desires, be deemed to be a separate retirement system for the employees of each such institution of higher learning. For the purposes of this subparagraph, the term “institutions of higher learning” includes junior colleges and teachers colleges. If a retirement system covers positions of employees of a hospital which is an integral part of a political subdivision, then, for purposes of the preceding paragraphs there shall, if the State so desires, be deemed to be a separate retirement system for the employees of such hospital.
For the purposes of this subsection, any retirement system established by the State of Alaska, California, Connecticut, Florida, Georgia, Illinois, Kentucky, Louisiana, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Dakota, Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, Washington, Wisconsin, or Hawaii, or any political subdivision of any such State, which, on, before, or after , is divided into two divisions or parts, one of which is composed of positions of members of such system who desire coverage under an agreement under this section and the other of which is composed of positions of members of such system who do not desire such coverage, shall, if the State so desires and if it is provided that there shall be included in such division or part composed of members desiring such coverage the positions of individuals who become members of such system after such coverage is extended, be deemed to be a separate retirement system with respect to each such division or part. If, in the case of a separate retirement system which is deemed to exist by reason of subparagraph (A) and which has been divided into two divisions or parts pursuant to the first sentence of this subparagraph, individuals become members of such system by reason of action taken by a political subdivision after coverage under an agreement under this section has been extended to the division or part thereof composed of positions of individuals who desire such coverage, the positions of such individuals who become members of such retirement system by reason of the action so taken shall be included in the division or part of such system composed of positions of members who do not desire such coverage if (i) such individuals, on the day before becoming such members, were in the division or part of another separate retirement system (deemed to exist by reason of subparagraph (A)) composed of positions of members of such system who do not desire coverage under an agreement under this section, and (ii) all of the positions in the separate retirement system of which such individuals so become members and all of the positions in the separate retirement system referred to in clause (i) would have been covered by a single retirement system if the State had not taken action to provide for separate retirement systems under this paragraph.
The position of any individual which is covered by any retirement system to which subparagraph (C) is applicable shall, if such individual is ineligible to become a member of such system on , or, if later, the day he first occupies such position, be deemed to be covered by the separate retirement system consisting of the positions of members of the division or part who do not desire coverage under the insurance system established under this subchapter.
Notwithstanding clause (i), the State may, pursuant to subsection (c)(4)(B) and subject to the conditions of continuation or termination of coverage provided for in subsection (c)(7), modify its agreement under this section to include services performed by all individuals described in clause (i) other than those individuals to whose services the agreement already applies. Such individuals shall be deemed (on and after the effective date of the modification) to be in positions covered by the separate retirement system consisting of the positions of members of the division or part who desire coverage under the insurance system established under this subchapter.
An individual who is in a position covered by a retirement system to which subparagraph (C) is applicable and who is not a member of such system but is eligible to become a member thereof shall, for purposes of this subsection (other than paragraph (8) of this subsection), be regarded as a member of such system; except that, in the case of any retirement system a division or part of which is covered under the agreement (either in the original agreement or by a modification thereof), which coverage is agreed to prior to 1960, the preceding provisions of this subparagraph shall apply only if the State so requests and any such individual referred to in such preceding provisions shall, if the State so requests, be treated, after division of the retirement system pursuant to such subparagraph (C), the same as individuals in positions referred to in subparagraph (F).
In the case of any retirement system divided pursuant to subparagraph (C), the position of any member of the division or part composed of positions of members who do not desire coverage may be transferred to the separate retirement system composed of positions of members who desire such coverage if it is so provided in a modification of such agreement which is mailed, or delivered by other means, to the Commissioner of Social Security prior to 1970 or, if later, the expiration of two years after the date on which such agreement, or the modification thereof making the agreement applicable to such separate retirement system, as the case may be, is agreed to, but only if, prior to such modification or such later modification, as the case may be, the individual occupying such position files with the State a written request for such transfer. Notwithstanding subsection (e)(1), any such modification or later modification, providing for the transfer of additional positions within a retirement system previously divided pursuant to subparagraph (C) to the separate retirement system composed of positions of members who desire coverage, shall be effective with respect to services performed after the same effective date as that which was specified in the case of such previous division.
For the purposes of this subsection, in the case of any retirement system of the State of Florida, Georgia, Minnesota, North Dakota, Pennsylvania, Washington, or Hawaii which covers positions of employees of such State who are compensated in whole or in part from grants made to such State under subchapter III, there shall be deemed to be, if such State so desires, a separate retirement system with respect to any of the following:
the positions of such employees;
the positions of all employees of such State covered by such retirement system who are employed in the department of such State in which the employees referred to in clause (i) are employed; or
employees of such State covered by such retirement system who are employed in such department of such State in positions others than those referred to in clause (i).
The certification by the governor (or an official of the State designated by him for the purpose) required under paragraph (3) of this subsection shall be deemed to have been made, in the case of a division or part (created under subparagraph (C) of paragraph (6) of this subsection or the corresponding provision of prior law) consisting of the positions of members of a retirement system who desire coverage under the agreement under this section, if the governor (or the official so designated) certifies to the Commissioner of Social Security that—
an opportunity to vote by written ballot on the question of whether they wish to be covered under an agreement under this section was given to all individuals who were members of such system at the time the vote was held;
not less than ninety days’ notice of such vote was given to all individuals who were members of such system on the date the notice was issued;
the vote was conducted under the supervision of the governor or an agency or individual designated by him; and
such system was divided into two parts or divisions in accordance with the provisions of subparagraphs (C) and (D) of paragraph (6) of this subsection or the corresponding provision of prior law.
For purposes of this paragraph, an individual in a position to which the State agreement already applied or in a position excluded by or pursuant to paragraph (5) of this subsection shall not be considered a member of the retirement system.
Notwithstanding paragraph (1) of this subsection, if under the provisions of this subsection an agreement is, after , made applicable to service performed in positions covered by a retirement system, service performed by an individual in a position covered by such a system may not be excluded from the agreement because such position is also covered under another retirement system.
Subparagraph (A) shall not apply to service performed by an individual in a position covered under a retirement system if such individual, on the day the agreement is made applicable to service performed in positions covered by such retirement system, is not a member of such system and is a member of another system.
If an agreement is made applicable, prior to 1959, to service in positions covered by any retirement system, the preceding provisions of this paragraph shall be applicable in the case of such system if the agreement is modified to so provide.
Except in the case of State agreements modified as provided in subsection (l) and agreements with interstate instrumentalities, nothing in this paragraph shall authorize the application of an agreement to service in any policeman’s or fireman’s position.
Effective date of agreement; retroactive coverage
Any agreement or modification of an agreement under this section shall be effective with respect to services performed after an effective date specified in such agreement or modification; except that such date may not be earlier than the last day of the sixth calendar year preceding the year in which such agreement or modification, as the case may be, is mailed or delivered by other means to the Commissioner of Social Security.
In the case of service performed by members of any coverage group—
to which an agreement under this section is made applicable, and
with respect to which the agreement, or modification thereof making the agreement so applicable, specifies an effective date earlier than the date of execution of such agreement and such modification, respectively,
the agreement shall, if so requested by the State, be applicable to such services (to the extent the agreement was not already applicable) performed before such date of execution and after such effective date by any individual as a member of such coverage group if he is such a member on a date, specified by the State, which is earlier than such date of execution, except that in no case may the date so specified be earlier than the date such agreement or such modification, as the case may be, is mailed, or delivered by other means, to the Commissioner of Social Security.
Notwithstanding the provisions of paragraph (2) of this subsection, in the case of services performed by individuals as members of any coverage group to which an agreement under this section is made applicable, and with respect to which there were timely paid in good faith to the Secretary of the Treasury amounts equivalent to the sum of the taxes which would have been imposed by sections 3101 and 3111 of the Internal Revenue Code of 1986 had such services constituted employment for purposes of chapter 21 of such Code at the time they were performed, and with respect to which refunds were not obtained, such individuals may, if so requested by the State, be deemed to be members of such coverage group on the date designated pursuant to paragraph (2).
Duration of agreement
No agreement under this section may be terminated, either in its entirety or with respect to any coverage group, on or after .
Instrumentalities of two or more States
The Commissioner of Social Security may, at the request of any instrumentality of two or more States, enter into an agreement with such instrumentality for the purpose of extending the insurance system established by this subchapter to services performed by individuals as employees of such instrumentality. Such agreement, to the extent practicable, shall be governed by the provisions of this section applicable in the case of an agreement with a State.
In the case of any instrumentality of two or more States, if—
employees of such instrumentality are in positions covered by a retirement system of such instrumentality or of any of such States or any of the political subdivisions thereof, and
such retirement system is (on, before, or after ) divided into two divisions or parts, one of which is composed of positions of members of such system who are employees of such instrumentality and who desire coverage under an agreement under this section and the other of which is composed of positions of members of such system who are employees of such instrumentality and who do not desire such coverage, and
it is provided that there shall be included in such division or part composed of the positions of members desiring such coverage the positions of employees of such instrumentality who become members of such system after such coverage is extended,
then such retirement system shall, if such instrumentality so desires, be deemed to be a separate retirement system with respect to each such division or part. An individual who is in a position covered by a retirement system divided pursuant to the preceding sentence and who is not a member of such system but is eligible to become a member thereof shall, for purposes of this subsection, be regarded as a member of such system. Coverage under the agreement of any such individual shall be provided under the same conditions, to the extent practicable, as are applicable in the case of the States to which the provisions of subsection (d)(6)(C) apply. The position of any employee of any such instrumentality which is covered by any retirement system to which the first sentence of this paragraph is applicable shall, if such individual is ineligible to become a member of such system on , or, if later, the day he first occupies such position, be deemed to be covered by the separate retirement system consisting of the positions of members of the division or part who do not desire coverage under the insurance system established under this subchapter. Services in positions covered by a separate retirement system created pursuant to this subsection (and consisting of the positions of members who desire coverage under an agreement under this section) shall be covered under such agreement on compliance, to the extent practicable, with the same conditions as are applicable to coverage under an agreement under this section of services in positions covered by a separate retirement system created pursuant to subparagraph (C) of subsection (d)(6) or the corresponding provision of prior law (and consisting of the positions of members who desire coverage under such agreement).
Any agreement with any instrumentality of two or more States entered into pursuant to this chapter may, notwithstanding the provisions of subsection (d)(5)(A) and the references thereto in subsections (d)(1) and (d)(3), apply to service performed by employees of such instrumentality in any policeman’s or fireman’s position covered by a retirement system, but only upon compliance, to the extent practicable, with the requirements of subsection (d)(3). For the purpose of the preceding sentence, a retirement system which covers positions of policemen or firemen or both, and other positions shall, if the instrumentality concerned so desires, be deemed to be a separate retirement system with respect to the positions of such policemen or firemen, or both, as the case may be.
Delegation of functions
The Commissioner of Social Security is authorized, pursuant to agreement with the head of any Federal agency, to delegate any of the Commissioner’s functions under this section to any officer or employee of such agency and otherwise to utilize the services and facilities of such agency in carrying out such functions, and payment therefor shall be in advance or by way of reimbursement, as may be provided in such agreement.
Wisconsin Retirement Fund
Notwithstanding paragraph (1) of subsection (d), the agreement with the State of Wisconsin may, subject to the provisions of this subsection, be modified so as to apply to service performed by employees in positions covered by the Wisconsin retirement fund or any successor system.
All employees in positions covered by the Wisconsin retirement fund at any time on or after , shall, for the purposes of subsection (c) only, be deemed to be a separate coverage group; except that there shall be excluded from such separate coverage group all employees in positions to which the agreement applies without regard to this subsection.
The modification pursuant to this subsection shall exclude (in the case of employees in the coverage group established by paragraph (2) of this subsection) service performed by any individual during any period before he is included under the Wisconsin retirement fund.
The modification pursuant to this subsection shall, if the State of Wisconsin requests it, exclude (in the case of employees in the coverage group established by paragraph (2) of this subsection) all service performed in policemen’s positions, all service performed in firemen’s positions, or both.
Certain positions no longer covered by retirement systems
Notwithstanding subsection (d), an agreement with any State entered into under this section prior to may, prior to , be modified pursuant to subsection (c)(4) so as to apply to services performed by employees, as members of any coverage group to which such agreement already applies (and to which such agreement applied on ), in positions (1) to which such agreement does not already apply, (2) which were covered by a retirement system on the date such agreement was made applicable to such coverage group, and (3) which, by reason of action by such State or political subdivision thereof, as may be appropriate, taken prior to , are no longer covered by a retirement system on the date such agreement is made applicable to such services.
Certain employees of State of Utah
Notwithstanding the provisions of subsection (d), the agreement with the State of Utah entered into pursuant to this section may be modified pursuant to subsection (c)(4) so as to apply to services performed for any of the following, the employees performing services for each of which shall constitute a separate coverage group: Weber Junior College, Carbon Junior College, Dixie Junior College, Central Utah Vocational School, Salt Lake Area Vocational School, Center for the Adult Blind, Union High School (Roosevelt, Utah), Utah High School Activities Association, State Industrial School, State Training School, State Board of Education, and Utah School Employees Retirement Board. Any modification agreed to prior to , may be made effective with respect to services performed by employees as members of any of such coverage groups after an effective date specified therein, except that in no case may any such date be earlier than . Coverage provided for in this subsection shall not be affected by a subsequent change in the name of a group.
Policemen and firemen in certain States
Any agreement with a State entered into pursuant to this section may, notwithstanding the provisions of subsection (d)(5)(A) and the references thereto in subsections (d)(1) and (d)(3), be modified pursuant to subsection (c)(4) to apply to service performed by employees of such State or any political subdivision thereof in any policeman’s or fireman’s position covered by a retirement system in effect on or after , but only upon compliance with the requirements of subsection (d)(3). For the purposes of the preceding sentence, a retirement system which covers positions of policemen or firemen, or both, and other positions shall, if the State concerned so desires, be deemed to be a separate retirement system with respect to the positions of such policemen or firemen, or both, as the case may be.
Positions compensated solely on a fee basis
Notwithstanding any other provision in this section, an agreement entered into under this section may be made applicable to service performed after 1967 in any class or classes of positions compensated solely on a fee basis to which such agreement did not apply prior to 1968 only if the State specifically requests that its agreement be made applicable to such service in such class or classes of positions.
Notwithstanding any other provision in this section, an agreement entered into under this section may be modified, at the option of the State, at any time after 1967, so as to exclude services performed in any class or classes of positions compensation for which is solely on a fee basis.
Any modification made under this subsection shall be effective with respect to services performed after the last day of the calendar year in which the modification is mailed or delivered by other means to the Commissioner of Social Security.
If any class or classes of positions have been excluded from coverage under the State agreement by a modification agreed to under this subsection, the Commissioner of Social Security and the State may not thereafter modify such agreement so as to again make the agreement applicable with respect to such class or classes of positions.
Optional medicare coverage of current employees
The Commissioner of Social Security shall, at the request of any State, enter into or modify an agreement with such State under this section for the purpose of extending the provisions of subchapter XVIII, and sections 426 and 426–1 of this title, to services performed by employees of such State or any political subdivision thereof who are described in paragraph (2).
This subsection shall apply only with respect to employees—
whose services are not treated as employment as that term applies under section 410(p) of this title by reason of paragraph (3) of such section; and
who are not otherwise covered under the State’s agreement under this section.
For purposes of sections 426 and 426–1 of this title, services covered under an agreement pursuant to this subsection shall be treated as “medicare qualified government employment”.
Except as otherwise provided in this subsection, the provisions of this section shall apply with respect to services covered under the agreement pursuant to this subsection.
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.
Pub. L. 81–531 · 64 Stat. 404
Enacted · 42 U.S.C. § 418
Aug. 14, 1935, ch. 531, title II, § 218, as added Aug. 28, 1950, ch. 809, title I, § 106, 64 Stat. 514
Source evidence
Code source credit
Aug. 14, 1935, ch. 531, title II, § 218, as added Aug. 28, 1950, ch. 809, title I, § 106, 64 Stat. 514Public Law not identified
Substituted · 42 U.S.C. § 418(f)
Subsec. (f). Act June 28, 1952, substituted “January 1, 1954” for “January 1, 1953”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (f). Act June 28, 1952, substituted “January 1, 1954” for “January 1, 1953”.Public Law not identified
Added · 42 U.S.C. § 418(m)
Subsec. (m). Act Aug. 15, 1953, added subsec. (m)
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (m). Act Aug. 15, 1953, added subsec. (m).Public Law not identified
Inserted · 42 U.S.C. § 418(b)(5)
Subsec. (b)(5). Act Sept. 1, 1954, § 101(i)(1), (2), inserted sentence at end relating to civilian employees of State National Guard units and a sentence relating to certain State inspectors of agricultural products
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (b)(5). Act Sept. 1, 1954, § 101(i)(1), (2), inserted sentence at end relating to civilian employees of State National Guard units and a sentence relating to certain State inspectors of agricultural products.Public Law not identified
Inserted · 42 U.S.C. § 418(c)(3)
Subsec. (c)(3). Act Sept. 1, 1954, § 101(h)(3), inserted an additional optional exclusion with respect to all services performed by individuals as members of any coverage group who are in positions covered by a retirement system on the date when the group is brought under the agreement if these individuals are not eligible to become members of the system on that date, or on any later date when they first occupy the positions, and if they have not already been included under the agreement by means of a referendum
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (c)(3). Act Sept. 1, 1954, § 101(h)(3), inserted an additional optional exclusion with respect to all services performed by individuals as members of any coverage group who are in positions covered by a retirement system on the date when the group is brought under the agreement if these individuals are not eligible to become members of the system on that date, or on any later date when they first occupy the positions, and if they have not already been included under the agreement by means of a referendum.Public Law not identified
Inserted · 42 U.S.C. § 418(c)(4)
Subsec. (c)(4). Act Sept. 1, 1954, § 101(h)(4), inserted sentence at end
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (c)(4). Act Sept. 1, 1954, § 101(h)(4), inserted sentence at end.Public Law not identified
Substituted · 42 U.S.C. § 418(c)(5)
Subsec. (c)(5). Act Sept. 1, 1954, § 101(a)(5), (6), substituted “paragraph (7)” for “paragraph (8),”
Inserted · 42 U.S.C. § 418(c)(5)
Subsec. (c)(5). Act Sept. 1, 1954, § 101(a)(5), (6), inserted at end “and service the remuneration for which is excluded from wages by paragraph (2) of section 209(h)”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (c)(5). Act Sept. 1, 1954, § 101(a)(5), (6), substituted “paragraph (7)” for “paragraph (8),” and inserted at end “and service the remuneration for which is excluded from wages by paragraph (2) of section 209(h)”.Public Law not identified
Substituted · 42 U.S.C. § 418(c)(6)(D)
Subsec. (c)(6)(D). Act Sept. 1, 1954, § 101(a)(5), substituted “paragraph (7)” for “paragraph (8)”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (c)(6)(D). Act Sept. 1, 1954, § 101(a)(5), substituted “paragraph (7)” for “paragraph (8)”.Public Law not identified
Added · 42 U.S.C. § 418(c)(7)
Subsec. (c)(7). Act Sept. 1, 1954, § 101(h)(5), added par. (7)
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (c)(7). Act Sept. 1, 1954, § 101(h)(5), added par. (7).Public Law not identified
Struck · 42 U.S.C. § 418(d)
Subsec. (d). Act Sept. 1, 1954, § 101(h)(1)(A), struck out “Exclusion of” in heading
Redesignated · 42 U.S.C. § 418(d)
Subsec. (d). Act Sept. 1, 1954, § 101(h)(1)(A), redesignated the subsection as (d)(1)
Inserted · 42 U.S.C. § 418(d)
Subsec. (d). Act Sept. 1, 1954, § 101(h)(1)(A), inserted sentence at end
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (d). Act Sept. 1, 1954, § 101(h)(1)(A), struck out “Exclusion of” in heading, redesignated the subsection as (d)(1), and inserted sentence at end.Public Law not identified
Inserted · 42 U.S.C. § 418(d)(1)
Subsec. (d)(1). Act Sept. 1, 1954, § 101(h)(1)(B), inserted provision in first sentence making the prohibition inapplicable to service in positions which though covered by a retirement system on the enactment date, were, by reason of action taken prior to the enactment date by the appropriate governmental unit, no longer covered by a retirement system when the coverage group which included employees in such positions was brought under an agreement
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (d)(1). Act Sept. 1, 1954, § 101(h)(1)(B), inserted provision in first sentence making the prohibition inapplicable to service in positions which though covered by a retirement system on the enactment date, were, by reason of action taken prior to the enactment date by the appropriate governmental unit, no longer covered by a retirement system when the coverage group which included employees in such positions was brought under an agreement.Public Law not identified
Added · 42 U.S.C. § 418(d)(2)(6)
Subsec. (d)(2) to (6). Act Sept. 1, 1954, § 101(h)(2), added pars. (2) to (6)
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (d)(2) to (6). Act Sept. 1, 1954, § 101(h)(2), added pars. (2) to (6).Public Law not identified
Changed · 42 U.S.C. § 418(f)
Subsec. (f). Act Sept. 1, 1954, § 101(h)(6), permitted agreements or modifications entered into during 1955, 1956, and 1957 to be made retroactive to a date not earlier than December 31, 1954
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (f). Act Sept. 1, 1954, § 101(h)(6), permitted agreements or modifications entered into during 1955, 1956, and 1957 to be made retroactive to a date not earlier than December 31, 1954.Public Law not identified
Substituted · 42 U.S.C. § 418(m)(1)
Subsec. (m)(1). Act Sept. 1, 1954, § 101(h)(7), substituted “paragraph (1) of subsection (d)” for “subsection (d)”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (m)(1). Act Sept. 1, 1954, § 101(h)(7), substituted “paragraph (1) of subsection (d)” for “subsection (d)”.Public Law not identified
Added · 42 U.S.C. § 418(n)
Subsec. (n). Act Sept. 1, 1954, § 101(h)(8), added subsec. (n)
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (n). Act Sept. 1, 1954, § 101(h)(8), added subsec. (n).Public Law not identified
Added · 42 U.S.C. § 418(o)
Subsec. (o). Act Sept. 1, 1954, § 101(j), added subsec. (o)
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (o). Act Sept. 1, 1954, § 101(j), added subsec. (o).Public Law not identified
Changed · 42 U.S.C. § 418(d)(6)
Subsec. (d)(6). Act Aug. 1, 1956, § 104(e), authorized the State of Florida, Georgia, New York, North Dakota, Pennsylvania, Tennessee, Washington, Wisconsin, or the Territory of Hawaii, or any political subdivision thereof, to divide their retirement system into two divisions or parts, and provided for a separate retirement system with respect to employees of the States of Florida, Georgia, Minnesota, North Dakota, Pennsylvania, Washington, or the Territory of Hawaii who are compensated in whole or in part from grants under subchapter III of this chapter
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (d)(6). Act Aug. 1, 1956, § 104(e), authorized the State of Florida, Georgia, New York, North Dakota, Pennsylvania, Tennessee, Washington, Wisconsin, or the Territory of Hawaii, or any political subdivision thereof, to divide their retirement system into two divisions or parts, and provided for a separate retirement system with respect to employees of the States of Florida, Georgia, Minnesota, North Dakota, Pennsylvania, Washington, or the Territory of Hawaii who are compensated in whole or in part from grants under subchapter III of this chapter.Public Law not identified
Changed · 42 U.S.C. § 418(h)(1)
Subsec. (h)(1). Act Aug. 1, 1956, § 103(f), required amounts to be deposited in the Trust Funds in the ratio in which amounts are appropriated to such Funds pursuant to section 401(a)(3), (b)(1), of this title
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (h)(1). Act Aug. 1, 1956, § 103(f), required amounts to be deposited in the Trust Funds in the ratio in which amounts are appropriated to such Funds pursuant to section 401(a)(3), (b)(1), of this title.Public Law not identified
Substituted · 42 U.S.C. § 418(j)
Subsec. (j). Act Aug. 1, 1956, § 103(g), substituted “Secretary of Health, Education, and Welfare” for “Administrator”, and provided for appropriation of amounts in the ratio in which amounts are deposited in the Trust Funds pursuant to subsection (h)(1) of this section
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (j). Act Aug. 1, 1956, § 103(g), substituted “Secretary of Health, Education, and Welfare” for “Administrator”, and provided for appropriation of amounts in the ratio in which amounts are deposited in the Trust Funds pursuant to subsection (h)(1) of this section.Public Law not identified
Added · 42 U.S.C. § 418(p)
Subsec. (p). Act Aug. 1, 1956, § 104(g), added subsec. (p)
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (p). Act Aug. 1, 1956, § 104(g), added subsec. (p).Pub. L. 85–227 § 1 · 71 Stat. 512
Changed · 42 U.S.C. § 418(d)(6)
Pub. L. 85–227 authorized the States of California, Connecticut, Minnesota, and Rhode Island, or any political subdivisions thereof, to divide their retirement system into two divisions or parts
Source evidence
Code amendment note
Subsec. (d)(6). Pub. L. 85–227 authorized the States of California, Connecticut, Minnesota, and Rhode Island, or any political subdivisions thereof, to divide their retirement system into two divisions or parts.Pub. L. 85–229 · 71 Stat. 513
Added · 42 U.S.C. § 418(d)(7)
Pub. L. 85–229 added par. (7)
Source evidence
Code amendment note
Subsec. (d)(7). Pub. L. 85–229 added par. (7).Pub. L. 85–226 § 3 · 71 Stat. 511
Redesignated · 42 U.S.C. § 418(f)(3)
Pub. L. 85–226, § 3, added par. (3). Former par. (3) redesignated (4)
Source evidence
Code amendment note
Subsec. (f)(3). Pub. L. 85–226, § 3, added par. (3). Former par. (3) redesignated (4).Enacted provision · exact public law section
Sec. 3. Subsection (f) of section 218 of the Social Security Act 68 Stat. 1058. 42 USC 418. is amended by striking out “1957” in paragraph (3) and inserting in lieu thereof “1959”, by striking out “and” at the end of paragraph (2), and by redesignating paragraph (3) as paragraph (4) and inserting after paragraph (2) the following new paragraph: “(3) in the case of an agreement or modification agreed to after 1957 but prior to 19(50, such date may not be earlier than December 31, 1955; and”.Pub. L. 85–226 § 3 · 71 Stat. 511
Redesignated · 42 U.S.C. § 418(f)(4)
Pub. L. 85–226, § 3, redesignated former par. (3) as (4)
Substituted · 42 U.S.C. § 418(f)(4)
Pub. L. 85–226, § 3, substituted “1959” for “1957”
Source evidence
Code amendment note
Subsec. (f)(4). Pub. L. 85–226, § 3, redesignated former par. (3) as (4), and substituted “1959” for “1957”.Enacted provision · exact public law section
Sec. 3. Subsection (f) of section 218 of the Social Security Act 68 Stat. 1058. 42 USC 418. is amended by striking out “1957” in paragraph (3) and inserting in lieu thereof “1959”, by striking out “and” at the end of paragraph (2), and by redesignating paragraph (3) as paragraph (4) and inserting after paragraph (2) the following new paragraph: “(3) in the case of an agreement or modification agreed to after 1957 but prior to 19(50, such date may not be earlier than December 31, 1955; and”.Pub. L. 85–226 § 1 · 71 Stat. 511
Redesignated · 42 U.S.C. § 418(k)
Pub. L. 85–226, § 1, redesignated existing provisions as par. (1)
Added · 42 U.S.C. § 418(k)
Pub. L. 85–226, § 1, added par. (2)
Source evidence
Code amendment note
Subsec. (k). Pub. L. 85–226, § 1, redesignated existing provisions as par. (1) and added par. (2).Pub. L. 85–226 § 2 · 71 Stat. 511
Changed · 42 U.S.C. § 418(p)
Pub. L. 85–226, § 2, included agreements with the States of Alabama, Georgia, Maryland, New York, and Tennessee, or the Territory of Hawaii
Source evidence
Code amendment note
Subsec. (p). Pub. L. 85–226, § 2, included agreements with the States of Alabama, Georgia, Maryland, New York, and Tennessee, or the Territory of Hawaii.Enacted provision · exact public law section
Sec. 2. Subsection (p) of section 218 of the Social Security Act is 70 Stat. 826. 42 USC 418. amended by striking out “Florida, North Carolina, Oregon, South Carolina, or South Dakota” and inserting in lieu thereof “Alabama, Florida, Georgia, Maryland, New York, North Carolina, Oregon, South Carolina, South Dakota, Tennessee, or Territory of Hawaii”.Pub. L. 85–787 · 72 Stat. 939
Added · 42 U.S.C. § 418(d)(6)
Pub. L. 85–787 added Massachusetts and Vermont to States authorized to divide their retirement systems into two parts
Inserted · 42 U.S.C. § 418(d)(6)
Pub. L. 85–787 inserted sentence permitting transfer, in cases of divided retirement system, of members not desiring coverage to system of members desiring coverage
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 85–787 added Massachusetts and Vermont to States authorized to divide their retirement systems into two parts, and inserted sentence permitting transfer, in cases of divided retirement system, of members not desiring coverage to system of members desiring coverage.Social Security Amendments of 1958
Pub. L. 85–840 § 315(a)(1) · 72 Stat. 1013
Amended · 42 U.S.C. § 418(d)(6)
Pub. L. 85–840, § 315(a)(1), designated first sentence as subpar. (A), second and third sentences as subpar. (B), fourth sentence as subpar. (C), fifth sentence as subpar. (D), and sixth sentence as subpar. (G)
Added · 42 U.S.C. § 418(d)(6)
Pub. L. 85–840, § 315(a)(1), added subpars. (E) and (F)
Amended · 42 U.S.C. § 418(d)(6)
Pub. L. 85–840, § 315(a)(1), amended subpar. (C) to include retirement systems established by the States of Massachusetts and Vermont
Source evidence
Code amendment note
Subsec. (d)(6). Pub. L. 85–840, § 315(a)(1), designated first sentence as subpar. (A), second and third sentences as subpar. (B), fourth sentence as subpar. (C), fifth sentence as subpar. (D), and sixth sentence as subpar. (G), added subpars. (E) and (F), and amended subpar. (C) to include retirement systems established by the States of Massachusetts and Vermont.Enacted provision · exact public law section
(1) Section 218 (d) (6) of the Social Security Act is 42 USC 418. amended to read as follows: “(6) (A) If a retirement system Covers positions of employees of the State and positions of employees of one or more political subdivisions of the State, or covers positions of employees of two or more political subdivisions of the State, then, for purposes of the preceding paragraphs of this subsection, there shall, if the State so desires, be deemed to be a separate retirement system with respect to any one or more of the political subdivisions concerned and, where the retirement system covers positions of employees of the State, a separate retirement system with respect to the State or with respect to the State and any one or more of the political subdivisions concerned. “(B) If a retirement system covers positions of employees of one or more institutions of higher learning, then, for purposes of such preceding paragraphs there shall, if the State so desires, be deemed to be a separate retirement system for the employees of each such institution of higher learning. For the purposes of this subparagraph, the term ‘institutions of higher learning’ includes junior colleges and teachers colleges. “(C) For the purposes of this subsection, any retirement system established by the State of California, Connecticut, Florida, Georgia, Massachusetts, Minnesota, New York, North Dakota, Pennsylvania, Rhode Island, Tennessee, Vermont, Washington, Wisconsin, or the Territory of Hawaii, or any political subdivision of any such State or Territory, which, on, before, or after the date of enactment of this subparagraph, is divided into two divisions or parts, one of which is composed of positions of members of such system who desire coverage under an agreement under this section and the other of which is composed of positions of members of such system who do not desire such coverage, shall, if the State or Territory so desires and if it is provided that there shall be included in such division or part composed of members desiring such coverage the positions of individuals who become members of such system after such coverage is extended, be deemed to be a separate retirement system with respect to each such division or part. “(D) The position of any individual which is covered by any retirement system to which subparagraph (C) is applicable shall, if such individual is ineligible to become a member of such system on August 1, 1956, or, if later, the day he first occupies such position, be deemed to be covered by the separate retirement system consisting of the positions of members of the division or part who do not desire coverage under the insurance system established under this title. “(E) An individual who is in a position covered by a retirement system to which subparagraph (C) is applicable and who is not a member of such system but is eligible to become a member thereof shall, for purposes of this subsection (other than paragraph (8)), be regarded as a member of such system; except that, in the case of any retirement system a division or part of which is covered under the agreement (either in the original agreement or by a modification thereof), which coverage is agreed to prior to I960, the preceding provisions of this subparagraph shall apply only if the State so requests and any such individual referred to in such preceding pro-visions shall, if the State so requests, be treated, after division of the retirement system pursuant to such subparagraph (C), the same as individuals in positions referred to in subparagraph (F). “(F) In the case of any retirement system divided pursuant to subparagraph (C), the position of any member of the division or part composed of positions of members who do not desire coverage may be transferred to the separate retirement system composed of positions of members who desire such coverage if it is so provided in a modification of such agreement which is mailed, or delivered by other means, to the Secretary prior to 1960 or, if later, the expiration of one year after the date on which such agreement, or the modification thereof making the agreement applicable to such separate retirement system, as the case may be, is agreed to, but only if, prior to such modification or such later modification, as the case may be, the individual occupying such position files with the State a written request for such transfer. “(G) For the purposes of this subsection, in the case of any retirement system of the State of Florida. Georgia, Minnesota, North Dakota, Pennsylvania, Washington, or the Territory of Hawaii which covers positions of employees of such State or Territory who are compensated in whole or in part from grants made to such State or Territory under title III, there shall be deemed to be, if such State or Territory so desires, a separate retirement system with respect to any of the following: “(i) the positions of such employees; “(ii) the positions of all employees of such State or Territory covered by such retirement system who are employed in the department of such State or Territory in which the employees referred to in clause (i) are employed; or “(iii) employees of such State or Territory covered by such retirement system who are employed in such department of such State or Territory in positions other than those referred to in clause (i).”Social Security Amendments of 1958
Pub. L. 85–840 § 315(a)(2) · 72 Stat. 1013
Substituted · 42 U.S.C. § 418(d)(7)
Pub. L. 85–840, § 315(a)(2), substituted “(created under subparagraph (C) of paragraph (6) of this subsection or the corresponding provision of prior law)” for “(created under the fourth sentence of paragraph (6) of this subsection)”
Substituted · 42 U.S.C. § 418(d)(7)
Pub. L. 85–840, § 315(a)(2), substituted “subparagraphs (C) and (D) of paragraph (6) of this subsection or the corresponding provision of prior law” for “the fourth and fifth sentences of paragraph (6) of this subsection”
Source evidence
Code amendment note
Subsec. (d)(7). Pub. L. 85–840, § 315(a)(2), substituted “(created under subparagraph (C) of paragraph (6) of this subsection or the corresponding provision of prior law)” for “(created under the fourth sentence of paragraph (6) of this subsection)”, and “subparagraphs (C) and (D) of paragraph (6) of this subsection or the corresponding provision of prior law” for “the fourth and fifth sentences of paragraph (6) of this subsection”.Enacted provision · exact public law section
(2) Paragraph (7) of section 218 (d) of such Act is amended by 42 USC 418. striking out “(created under the fourth sentence of paragraph (6))” and inserting in lieu thereof “(created under subparagraph (C) of paragraph (6) or the corresponding provision of prior law)”; and by striking out “the fourth and fifth sentences of paragraph (6)” and inserting in lieu thereof “subparagraphs (C) and (D) of paragraph (6) or the corresponding provision of prior law”.Social Security Amendments of 1958
Pub. L. 85–840 § 315(b) · 72 Stat. 1013
Added · 42 U.S.C. § 418(d)(8)
Pub. L. 85–840, § 315(b), added par. (8)
Source evidence
Code amendment note
Subsec. (d)(8). Pub. L. 85–840, § 315(b), added par. (8).Enacted provision · exact public law section
(b) Coverage Coder Other Retirement Systems Section 218 (d) of such Act is amended by adding at the end Ante, pp. 1038, 1039. thereof the following new paragraph: “(8) (A) Notwithstanding paragraph (1), if under the provisions of this subsection an agreement is, after December 31, 1958, made applicable to service performed in positions covered by a retirement system, service performed by an individual in a position covered by such a system may not be excluded from the agreement because such position is also covered under another retirement system. “(B) Subparagraph (A) shall not apply to service performed by an individual in a position covered under a retirement system if such individual, on the day the agreement is made applicable to service performed in positions covered by such retirement system, is not a member of such system and is a member of another system. “(C) If an agreement is made applicable, prior to 1959, to service in positions covered by any retirement system, the preceding provisions of this paragraph shall be applicable in the case of such system if the agreement is modified to so provide. “(D) Except in the case of agreements with the States named in subsection (p) and agreements with interstate instrumentalities, nothing in this paragraph shall authorize the application of an agreement to service in any policeman’s or fireman’s position.”Social Security Amendments of 1958
Pub. L. 85–840 § 315(c)(1) · 72 Stat. 1013
Amended · 42 U.S.C. § 418(f)
Pub. L. 85–840, § 315(c)(1), designated existing provisions as par. (1)
Redesignated · 42 U.S.C. § 418(f)
Pub. L. 85–840, § 315(c)(1), redesignated cls. (1) to (4) of par. (1) as cls. (A) to (D)
Added · 42 U.S.C. § 418(f)
Pub. L. 85–840, § 315(c)(1), added par. (2)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 85–840, § 315(c)(1), designated existing provisions as par. (1), redesignated cls. (1) to (4) of par. (1) as cls. (A) to (D), and added par. (2).Enacted provision · exact public law section
(1)42 USC 418. Section 218 (f) of such Act is amended by inserting “(1)” immediately after “(f)”, by redesignating clauses (1), (2), (3), and (4) thereof as clauses (A), (B), (C), and (D), respectively, and by adding at the end thereof the following new paragraph: “(2) In the case of service performed by members of any coverage group— “(A) to which an agreement under this section is made applicable, and “(B) with respect to which the agreement, or modification thereof making the agreement so applicable, specifies an effective date earlier than the date of execution of such agreement and such modification, respectively, the agreement shall, if so requested by the State, be applicable to such services (to the extent the agreement was not already applicable) performed before such date of execution and after such effective date by any individual as a member of such coverage group if he is such a member on a date, specified by the State, which is earlier than such date of execution, except that in no case may the date so specified be earlier than the date such agreement or such modification, as the case may be, is mailed, or delivered by other means, to the Secretary.”Social Security Amendments of 1958
Pub. L. 85–840 § 315(a)(3) · 72 Stat. 1013
Inserted · 42 U.S.C. § 418(k)(2)
Pub. L. 85–840, § 315(a)(3), inserted provisions requiring an individual who is in a position covered by a retirement system divided pursuant to the preceding sentence and who is not a member of such system but is eligible to become a member thereof to be regarded, for the purposes of this subsection, as a member of such system, and providing for coverage under the agreement of any such individual
Source evidence
Code amendment note
Subsec. (k)(2). Pub. L. 85–840, § 315(a)(3), inserted provisions requiring an individual who is in a position covered by a retirement system divided pursuant to the preceding sentence and who is not a member of such system but is eligible to become a member thereof to be regarded, for the purposes of this subsection, as a member of such system, and providing for coverage under the agreement of any such individual.Enacted provision · exact public law section
(3) The second sentence of paragraph (2) of section 218 (k) of 42 USC 418. such Act is amended by striking out “the preceding sentence” and inserting in lieu thereof “the first sentence of this paragraph”. The last sentence of such paragraph is amended by striking out “the fourth sentence of subsection (d) (6)” and inserting in lieu thereof “subparagraph (C) of subsection (d) (6) or the corresponding provision of prior law”. Such paragraph is further amended by inserting after the first sentence the following new sentence: “An individual who is in a position covered by a retirement system divided pursuant to the preceding sentence and who is not a member of such system but is eligible to become a member thereof shall, for purposes or this subsection, be regarded as a member of such system. Coverage under the agreement of any such individual shall be provided under the same conditions, to the extent practicable, as are applicable in the case of the States to which the provisions of subsection (d) (6) (C) apply.”Pub. L. 85–798 § 2 · 72 Stat. 964
Added · 42 U.S.C. § 418(k)(3)
Pub. L. 85–798, § 2, added par. (3)
Source evidence
Code amendment note
Subsec. (k)(3). Pub. L. 85–798, § 2, added par. (3).Enacted provision · exact public law section
Sec. 2. Subsection (k) of section 218 of the Social Security Act 64 Stat. 514. 42 USC 418. is amended by adding at the end thereof the following new paragraph: “(3) Any agreement with any instrumentality of two or more States Policemen and firemen. entered into pursuant to this Act may, notwithstanding the provisions of subsection (d) (5) (A) and the references thereto in subsections (d) (1) and (d) (3), apply to service performed by employees of such instrumentality in any policeman’s or fireman’s position covered by a retirement system, but only upon compliance, to the .extent practicable, with the requirements of subsection (d) (3). For the purpose of the preceding sentence, a retirement system which covers positions of policemen or firemen or both, and other positions shall, if the instrumentality concerned so desires, be deemed to be a separate retirement system with respect to the positions of such policemen or firemen, or both, as the case may be.”Pub. L. 85–798 § 3 · 72 Stat. 964
Changed · 42 U.S.C. § 418(p)
Pub. L. 85–798, § 3, included agreements with the State of Washington
Source evidence
Code amendment note
Subsec. (p). Pub. L. 85–798, § 3, included agreements with the State of Washington.Enacted provision · exact public law section
Sec. 3. policemen and firemen in state of washington Section 218 (p) of the Social Security Act (relating to 70 Stat. 826. 42 USC 418. policemen and firemen in certain States) is amended by inserting “Washington,” immediately after “Tennessee,”.Pub. L. 86–284 § 2 · 73 Stat. 565
Inserted · 42 U.S.C. § 418(p)
Pub. L. 86–284 inserted reference to California, Kansas, North Dakota, and Vermont
Source evidence
Code amendment note
Subsec. (p). Pub. L. 86–284 inserted reference to California, Kansas, North Dakota, and Vermont.Enacted provision · exact public law section
Sec. 2. Subsection (p) of section 218 of the Social Security Act is amended by inserting “California,” after “Alabama,”; “Kansas,” after “Georgia,”; “North Dakota,” after “North Carolina,” and “Vermont,” after “Tennessee,”.Hawaii Omnibus Act
Pub. L. 86–624 § 30(e) · 74 Stat. 411
Substituted · 42 U.S.C. § 418(d)(6)
Pub. L. 86–624, § 30(e), substituted “Hawaii” for “the Territory of Hawaii” in cl. (C) and (G)
Struck · 42 U.S.C. § 418(d)(6)
Pub. L. 86–624, § 30(e), struck out “or Territory” after “State” in two places in cl. (C) and in seven places in cl. (G)
Source evidence
Code amendment note
Subsec. (d)(6). Pub. L. 86–624, § 30(e), substituted “Hawaii” for “the Territory of Hawaii” in cl. (C) and (G), and struck out “or Territory” after “State” in two places in cl. (C) and in seven places in cl. (G).Enacted provision · exact public law section
(e) Subparagraph (C) and (G) of paragraph (6) of subsection (d) of section 218 of the Social Security Act, as amended, are each further amended by striking out “the Territory of” and “or Territory” each time they appear therein.Hawaii Omnibus Act
Pub. L. 86–624 § 30(f) · 74 Stat. 411
Substituted · 42 U.S.C. § 418(p)
Pub. L. 86–624, § 30(f), substituted “Hawaii” for “Territory of Hawaii”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 86–624, § 30(f), substituted “Hawaii” for “Territory of Hawaii”.Enacted provision · exact public law section
(f) Subsection (p) of such section is amended by striking out “Territory of”.Social Security Amendments of 1960
Pub. L. 86–778 § 103(i) · 74 Stat. 924
Changed · 42 U.S.C. § 418(b)(1)
Pub. L. 86–778, § 103(i), excluded Guam and American Samoa from definition of “State”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 86–778, § 103(i), excluded Guam and American Samoa from definition of “State”.Enacted provision · exact public law section
(i) Section 218(b)(1) of such Act is amended by inserting “, Guam, 42 USC 418, 419. or American Samoa” immediately before the period at the end thereof.Social Security Amendments of 1960
Pub. L. 86–778 § 103(j)(2)(G) · 74 Stat. 924
Substituted · 42 U.S.C. § 418(c)(6)(C)
Pub. L. 86–778, § 103(j)(2)(G), substituted “section 410(k)” for “section 410(l)”
Source evidence
Code amendment note
Subsec. (c)(6)(C). Pub. L. 86–778, § 103(j)(2)(G), substituted “section 410(k)” for “section 410(l)”.Enacted provision · exact public law section
(G) Section 218(c)(6)(C) of such Act is amended by striking out “section 210(1)” and inserting in lieu thereof “section 210(k)”.Social Security Amendments of 1960
Pub. L. 86–778 § 102(a)(1) · 74 Stat. 924
Amended · 42 U.S.C. § 418(d)(3)
Pub. L. 86–778, § 102(a)(1), authorized certification by an official of the State designated by the Governor for that purpose
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 86–778, § 102(a)(1), authorized certification by an official of the State designated by the Governor for that purpose.Enacted provision · exact public law section
(1) Section 218(d)(3) of the Social Security Act is amended by inserting “, or an official of the State designated by him for the purpose,” after “the governor of the State”.Social Security Amendments of 1960
Pub. L. 86–778 § 102(c)(2) · 74 Stat. 924
Changed · 42 U.S.C. § 418(d)(6)(A)
Pub. L. 86–778, § 102(c)(2), authorized a State, where a retirement system covering positions of employees of a State and positions of employees of one or more political subdivisions of the State, or covering positions of employees of two or more political subdivisions of the State, is not divided into separate retirement systems, to deem the system, for purposes of subsec. (f) of this section, to be a separate retirement system with respect to any one or more of the political subdivisions concerned and, where the retirement system covers positions of employees of the State, a separate retirement system with respect to the State or any one or more of the political subdivisions concerned
Source evidence
Code amendment note
Subsec. (d)(6)(A). Pub. L. 86–778, § 102(c)(2), authorized a State, where a retirement system covering positions of employees of a State and positions of employees of one or more political subdivisions of the State, or covering positions of employees of two or more political subdivisions of the State, is not divided into separate retirement systems, to deem the system, for purposes of subsec. (f) of this section, to be a separate retirement system with respect to any one or more of the political subdivisions concerned and, where the retirement system covers positions of employees of the State, a separate retirement system with respect to the State or any one or more of the political subdivisions concerned.Enacted provision · exact public law section
(2) Section 218(d)(6)(A) of such Act is amended by adding at the end thereof the following new sentence: “Where a retirement system covering positions of employees of a State and positions of employees of one or more political subdivisions of the State, or covering positions of employees of two or more political subdivisions of the State, is not divided into separate retirement systems pursuant to the preceding sentence or pursuant to subparagraph (C), then the State may, for purposes of subsection (f) only, deem the system to be a separate retirement system with respect to any one or more of the political subdivisions concerned and, where the retirement system covers positions of employees of the State, a separate retirement system with respect to the State or with respect to the State and any one or more of the political subdivisions concerned.”Social Security Amendments of 1960
Pub. L. 86–778 § 102(g) · 74 Stat. 924
Inserted · 42 U.S.C. § 418(d)(6)(B)
Pub. L. 86–778, § 102(g), inserted sentences providing that if a retirement system covers positions of employees of a hospital which is an integral part of a political subdivision, then, for purposes of preceding paragraphs there shall, if the State so desires, be deemed to be a separate retirement system for the employees of such hospital
Source evidence
Code amendment note
Subsec. (d)(6)(B). Pub. L. 86–778, § 102(g), inserted sentences providing that if a retirement system covers positions of employees of a hospital which is an integral part of a political subdivision, then, for purposes of preceding paragraphs there shall, if the State so desires, be deemed to be a separate retirement system for the employees of such hospital.Enacted provision · exact public law section
(g) Section 218(d)(6)(B) of the Social Security Act is amended by adding at the end thereof the following new sentence: “If a retirement system covers positions of employees of a hospital which is an integral part of a political subdivision, then, for purposes of the preceding paragraphs there shall, if the State so desires, be deemed to be a separate retirement system for the employees of such hospital.”Social Security Amendments of 1960
Pub. L. 86–778 § 102(b)(1) · 74 Stat. 924
Inserted · 42 U.S.C. § 418(d)(6)(C)
Pub. L. 86–778, § 102(b)(1), (l), inserted sentence requiring the positions of individuals, who become members of a separate retirement system which has been divided into two divisions or parts by reason of action taken by a political subdivision after coverage under an agreement under this section has been extended to the division or part thereof composed of positions of individuals who desire such coverage, to be included in the division or part of such system composed of positions of members who do not desire such coverage if such individuals, on the day before becoming such members, were in the division or part of another separate retirement system composed of positions of members who do not desire coverage under an agreement and all of the positions in the system of which such individuals so become members and all of the positions in the separate retirement system would have been covered by a single retirement system if the State had not taken action to provide for separate retirement systems, and included retirement systems established by the State of Texas
Source evidence
Code amendment note
Subsec. (d)(6)(C). Pub. L. 86–778, § 102(b)(1), (l), inserted sentence requiring the positions of individuals, who become members of a separate retirement system which has been divided into two divisions or parts by reason of action taken by a political subdivision after coverage under an agreement under this section has been extended to the division or part thereof composed of positions of individuals who desire such coverage, to be included in the division or part of such system composed of positions of members who do not desire such coverage if such individuals, on the day before becoming such members, were in the division or part of another separate retirement system composed of positions of members who do not desire coverage under an agreement and all of the positions in the system of which such individuals so become members and all of the positions in the separate retirement system would have been covered by a single retirement system if the State had not taken action to provide for separate retirement systems, and included retirement systems established by the State of Texas.Enacted provision · exact public law section
(1) Section 218(d)(6)(C) of the Social Security Act is further amended by adding at the end thereof the following new sentence: “If, in the case of a separate retirement system which is deemed to exist by reason of subparagraph (A) and which has been divided into two divisions or parts pursuant to the first sentence of this subparagraph, individuals become members of such system by reason of action taken by a political subdivision after coverage under an agreement under this section has been extended to the division or part thereof composed of positions of individuals who desire such coverage, the positions of such individuals who become members of such retirement system by reason of the action so taken shall be included in the division or part of such system composed of positions of members who do not desire such coverage if (i) such individuals, on the day before becoming such members, were in the division or part of another separate retirement system (deemed to exist by reason of subparagraph (A)) composed of positions of members of such system who do not desire coverage under an agreement under this section, and (ii) all of the positions in the separate retirement system of which such individuals so become members and all of the positions in the separate retirement system referred to in clause (i) would have been covered by a single retirement system if the State had not taken action to provide for separate retirement systems under this paragraph.”Social Security Amendments of 1960
Pub. L. 86–778 § 102(a)(2) · 74 Stat. 924
Amended · 42 U.S.C. § 418(d)(7)
Pub. L. 86–778, § 102(a)(2), included certifications made by an official of the State designated by the Governor for that purpose
Source evidence
Code amendment note
Subsec. (d)(7). Pub. L. 86–778, § 102(a)(2), included certifications made by an official of the State designated by the Governor for that purpose.Enacted provision · exact public law section
(2) Section 218(d)(7) of such Act is amended by inserting “(or an official of the State designated by him for the purpose)” after “by the governor”, and by inserting “(or the official so designated)” after “if the governor”.Social Security Amendments of 1960
Pub. L. 86–778 § 102(e)(1) · 74 Stat. 924
Amended · 42 U.S.C. § 418(e)
Pub. L. 86–778, § 102(e)(1), designated existing provisions as par. (1)
Redesignated · 42 U.S.C. § 418(e)
Pub. L. 86–778, § 102(e)(1), redesignated former pars. (1) and (2) as subpars. (A) and (B)
Added · 42 U.S.C. § 418(e)
Pub. L. 86–778, § 102(e)(1), added par. (2)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 86–778, § 102(e)(1), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), and added par. (2).Enacted provision · exact public law section
(1) Section 218(e) of the Social Security Act is amended by inserting “(1)” immediately after “(e)”, by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by adding at the end thereof the following new paragraph: “(2) Where— “(A) an individual in any calendar year performs services to which an agreement under this section is applicable (i) as the employee of two or more political subdivisions of a State or (ii) as the employee of a State and one or more political subdivisions of such State; and “(B) such State provides all of the funds for the payment of those amounts referred to in paragraph (1)(A) which are equivalent to the taxes imposed by section 3111 of the Internal 26 USC 3111. Revenue Code of 1954 with respect to wages paid to such individual for such services; and “(C) the political subdivision or subdivisions involved do not reimburse such State for the payment of such amounts or, in the case of services described in subparagraph (A)(ii), for the payment of so much of such amounts as is attributable to employment by such subdivision or subdivisions; then, notwithstanding paragraph (1), the agreement under this section with such State may provide (either in the original agreement or by a modification thereof) that the amounts referred to in paragraph (1)(A) may be computed as though the wages paid to such individual for the services referred to in clause (A) of this paragraph were paid by one political subdivision for services performed in its employ; but the provisions of this paragraph shall be applicable only where such State complies with such regulations as the Secretary may prescribe to carry out the purposes of this paragraph. The preceding sentence shall be applicable with respect to wages paid after an effective date specified in such agreement or modification, but in no event with respect to wages paid before (i) January 1, 1957, in the case of an agreement or modification which is mailed or delivered by other means to the Secretary before January 1, 1962, or (ii) the first day of the year in which the agreement or modification is mailed or delivered by other means to the Secretary, in the case of an agreement or modification which is so mailed or delivered on or after January 1, 1962.”Social Security Amendments of 1960
Pub. L. 86–778 § 102(c)(1) · 74 Stat. 924
Inserted · 42 U.S.C. § 418(f)(1)
Pub. L. 86–778, § 102(c)(1), (e)(2), inserted exception to subsection (e)(2) of this section
Substituted · 42 U.S.C. § 418(f)(1)
Pub. L. 86–778, § 102(c)(1), (e)(2), substituted provisions restricting the effective date of any agreement of modification to a date not earlier than the last day of the sixth calendar year preceding the year in which such agreement or modification is agreed to by the Secretary and the State for provisions which specified the effective date of agreements or modifications entered into prior to 1960 and which limited the effective date of agreements or modifications entered into after 1959 to a date not earlier than the last day of the calendar year preceding the year in which such agreement or modification is agreed to by the Secretary and the State
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 86–778, § 102(c)(1), (e)(2), inserted exception to subsection (e)(2) of this section, and substituted provisions restricting the effective date of any agreement of modification to a date not earlier than the last day of the sixth calendar year preceding the year in which such agreement or modification is agreed to by the Secretary and the State for provisions which specified the effective date of agreements or modifications entered into prior to 1960 and which limited the effective date of agreements or modifications entered into after 1959 to a date not earlier than the last day of the calendar year preceding the year in which such agreement or modification is agreed to by the Secretary and the State.Enacted provision · exact public law section
(1) Section 218(f)(1) of the Social Security Act is amended 42 USC 418. by striking out all that follows the first semicolon and inserting in lieu thereof the following: “except that such date may not be earlier than the last day of the sixth calendar year preceding the year in which such agreement or modification, as the case may be, is agreed to by the Secretary and the State.”Social Security Amendments of 1960
Pub. L. 86–778 § 102(d) · 74 Stat. 924
Inserted · 42 U.S.C. § 418(p)
Pub. L. 86–778, § 102(d), inserted reference to Virginia
Source evidence
Code amendment note
Subsec. (p). Pub. L. 86–778, § 102(d), inserted reference to Virginia.Enacted provision · exact public law section
(d) Section 218(p) of the Social Security Act is amended by inserting “Hawaii,” after “Georgia,”; and by striking out “Washington, or Territory of Hawaii” and inserting in lieu thereof “Virginia, or Washington”.Social Security Amendments of 1960
Pub. L. 86–778 § 102(f)(1) · 74 Stat. 924
Added · 42 U.S.C. § 418(q)(t)
Pub. L. 86–778, § 102(f)(1), added subsecs. (q) to (t)
Source evidence
Code amendment note
Subsecs. (q) to (t). Pub. L. 86–778, § 102(f)(1), added subsecs. (q) to (t).Enacted provision · exact public law section
(1) Section 218 of the Social Security Act is amended by adding at the end thereof the following new subsections: “(q) “Time Limitation on Assessments (1) Where a State is liable for an amount due under an agreement pursuant to this section, such State shall remain so liable until the Secretary is satisfied that the amount due has been paid to the Secretary of the Treasury. “(2) Notwithstanding paragraph (1), a State shall not be liable for an amount due under an agreement pursuant to this section, with respect to the wages paid to individuals, after the expiration of the latest of the following periods— “(A) three years, three months, and fifteen days after the year in which such wages were paid, or “(B) three years after the date on which such amount became due, or “(C) three years, three months, and fifteen days after the year following the year in which this subsection is enacted, unless prior to the expiration of such period the Secretary makes an assessment of the amount due. “(3) For purposes of this subsection and section 205(c), an assessment 42 USC 405. of an amount due is made when the Secretary mails or otherwise delivers to the State a notice stating the amount he has determined to be due under an agreement pursuant to this section and the basis for such determination. “(4) An assessment of an amount due made by the Secretary after the expiration of the period specified in paragraph (2) shall nevertheless be deemed to have been made within such period if— “(A) before the expiration of such period (or, if it has previously been extended under this paragraph, of such period as so extended), the State and the Secretary agree in writing to an extension of such period (or extended period) and, subject to such conditions as may be agreed upon, the Secretary makes the assessment prior to the expiration of such extension; or “(B) within the 365 days immediately preceding the expiration of such period (or extended period) the State pays to the Secretary of the Treasury less than the correct amount due under an agreement pursuant to this section with respect to wages paid to individuals in any calendar quarters as members of a coverage group, and the Secretary of Health, Education, and Welfare makes the assessment, adjusted to take into account the amount paid by the State, no later than the 365th day after the day the State made payment to the Secretary of the Treasury; but the Secretary of Health, Education, and Welfare shall make such assessment only with respect to the wages paid to such individuals in such calendar quarters as members of such coverage group; or “(C) pursuant to subparagraph (A) or (B) of section 205(c)(5) he includes in his records an entry with respect to wages for an individual, but only if such assessment is limited to the amount due with respect to such wages and is made within the period such entry could be made in such records under such subparagraph. “(5) If the Secretary allows a claim for a credit or refund of an overpayment by a State under an agreement pursuant to this section, with respect to wages paid or alleged to have been paid to an individual in a calendar year for services as a member of a coverage group, and if as a result of the facts on which such allowance is based there is an amount due from the State, with respect to wages paid to such individual in such calendar year for services performed as a member of a coverage group, for which amount the State is not liable by reason of paragraph (2), then notwithstanding paragraph (2) the State shall be liable for such amount due if the Secretary makes an assessment of such amount due at the time of or prior to notification to the State of the allowance of such claim. For purposes of this paragraph and paragraph (6), interest as provided tor in subsection (j) shall not be included in determining the amount due. “(6) The Secretary shall accept wage reports filed by a State under an agreement pursuant to this section or regulations of the Secretary thereunder, after the expiration of the period specified in paragraph (2) or such period as extended pursuant to paragraph (4), with respect to wages which are paid to individuals performing services as employees in a coverage group included in the agreement and for payment in connection with which the State is not liable by reason of paragraph (2), only if the State— “(A) pays to the Secretary of the Treasury the amount due under such agreement with respect to such wages, and “(B) agrees in writing with the Secretary of Health, Education, and Welfare to an extension of the period specified in paragraph (2) with respect to wages paid to all individuals performing services as employees in such coverage group in the calendar quarters designated by the State in such wage reports as the periods in which such wages were paid. If the State so agrees, the period specified in paragraph (2), or such period as extended pursuant to paragraph (4), shall lie extended until such time as the Secretary notifies the State that such wage reports have been accepted. “(7) Notwithstanding the preceding provisions of this subsection, where there is an amount due by a State under an agreement pursuant to this section and there has been a fraudulent attempt on the part of an officer or employee of the State or any political subdivision thereof to defeat or evade payment of such amount due, the State shall be liable for such amount due without regard to the provisions of paragraph (2), and the Secretary may make an assessment of such amount due at any time. “Time Limitation on Credits and Refunds “(r) (1) No credit or refund of an overpayment by a State under an agreement pursuant to this section with respect to wages paid or alleged to have been paid to an individual as a member of a coverage group in a calendar quarter shall be allowed after the expiration of the latest of the following periods— “(A) three years, three months, and fifteen days after the year in which occurred the calendar quarter in which such wages were paid or alleged to have been paid, or “(B) three years after the date the payment which included such overpayment became due under such agreement with respect to the wages paid or alleged to have been paid to such individual as a member of such coverage group in such calendar quarter, or “(C) two years after such overpayment was made to the Secretary of the Treasury, or “(D) three years, three months, and fifteen days after the year following the year in which this subsection is enacted, unless prior to the expiration of such period a claim for such credit or refund is filed with the Secretary of Health, Education, and Welfare by the State. “(2) A claim for a credit or refund filed by a State after the expiration of the period specified by paragraph (1) shall nevertheless be deemed to have been filed within such period if— “(A) before the expiration of such period (or, if it has previously been extended under this subparagraph, of such period as so extended) the State and the Secretary agree in writing to an extension of such period (or extended period) and the claim is filed with the Secretary by the State prior to the expiration of such extension; but any claim for a credit or refund valid because of this subparagraph shall be allowed only to the extent authorized by the conditions provided for in the agreement for such extension, or “(B) the Secretary deletes from his records an entry with respect to wages of an individual pursuant to the provisions of subparagraph (A), (B), or (E) of section 205(c)(5), but only with 42 USC 405. respect to the entry so deleted. “Review by Secretary “(s) Where the Secretary has made an assessment of an amount due by a State under an agreement pursuant to this section, disallowed a State’s claim for a credit or refund of an overpayment under such agreement, or allowed a State a credit or refund of an overpayment under such agreement, he shall review such assessment, disallowance, or allowance if a written request for such review is filed with him by the State within 90 days (or within such further time as he may allow) after notification to the State of such assessment, disallowance, or allowance. On the basis of the evidence obtained by or submitted to the Secretary, he shall render a decision affirming, modifying or reversing such assessment, disallowance, or allowance. In notifying the State of his decision, the Secretary shall state the basis therefor. “Review by Court “(t) (1) Notwithstanding any other provision of this title any State, irrespective of the amount in controversy, may file, within two years after the mailing to such State of the notice of any decision by the Secretary pursuant to subsection (s) affecting such State, or within such further time as the Secretary may allow, a civil action for a redetermination of the correctness of the assessment of the amount due, the disallowance of the claim for a refund or credit, or the allowance of the refund or credit, as the case may be, with respect to which the Secretary has rendered such decision. Such action shall be brought in the district court of the United States for the judicial district in which is located the capital of such State, or, if such action is brought by an instrumentality of two or more States, the principal office of such instrumentality. The judgment of the court shall be final, except that it shall be subject to review in the same manner as judgments of such court in other civil actions. Any action filed under this subsection shall survive notwithstanding any change in the person occupying the office of Secretary or any vacancy in such office. “(2) Notwithstanding the provisions of section 2411 of title 28, 63 Stat. 106. United States Code, no interest shall accrue to a State after final judgment with respect to a credit or refund of an overpayment made under an agreement pursuant to this section. “(3) The first sentence of section 2414 of title 28, United States 62 Stat. 974. Code, shall not apply to final judgments rendered by district courts of the United States in civil actions filed under this subsection. In such cases, the payment of amounts due to States pursuant to such final judgments shall be adjusted in accordance with the provisions of this section and with regulations promulgated by the Secretary.”Social Security Amendments of 1961
Pub. L. 87–64 § 107 · 75 Stat. 131
Changed · 42 U.S.C. § 418(d)(6)(C)
Pub. L. 87–64, § 107, included retirement system established by the State of New Mexico
Source evidence
Code amendment note
Subsec. (d)(6)(C). Pub. L. 87–64, § 107, included retirement system established by the State of New Mexico.Enacted provision · exact public law section
Sec. 107. inclusion of new mexico among states which may divide their retirement systems into two parts The first sentence of section 218(d)(6)(C) of the Social 42 USC 418. Security Act is amended by inserting “New Mexico,” after “Minnesota,”.Social Security Amendments of 1961
Pub. L. 87–64 § 106 · 75 Stat. 131
Substituted · 42 U.S.C. § 418(d)(6)(F)
Pub. L. 87–64, § 106, substituted “prior to 1963 or, if later, the expiration of two years after the date” for “prior to 1960 or, if later the expiration of one year after the date”
Inserted · 42 U.S.C. § 418(d)(6)(F)
Pub. L. 87–64, § 106, inserted sentence providing that any such modification or later modification, providing for the transfer of additional positions within a retirement system previously divided pursuant to subpar. (C) to the separate retirement system composed of positions of members who desire coverage, shall be effective with respect to services performed after the same effective date as that which was specified in the case of such previous division
Source evidence
Code amendment note
Subsec. (d)(6)(F). Pub. L. 87–64, § 106, substituted “prior to 1963 or, if later, the expiration of two years after the date” for “prior to 1960 or, if later the expiration of one year after the date”, and inserted sentence providing that any such modification or later modification, providing for the transfer of additional positions within a retirement system previously divided pursuant to subpar. (C) to the separate retirement system composed of positions of members who desire coverage, shall be effective with respect to services performed after the same effective date as that which was specified in the case of such previous division.Enacted provision · exact public law section
Sec. 106. extension of time within which certain state-federal agreements may be modified (a) Section 218(d)(6)(F) of the Social Security Act 42 USC 418. is amended by striking out “prior to 1960 or, if later, the expiration of one year after the date” and inserting in lieu thereof “prior to 1963 or, if later, the expiration of two years after the date”. (b) Section 218(d)(6)(F) of the Social Security Act is further amended by adding at the end thereof the following new sentence: “Notwithstanding subsection (f)(1), any such modification or later modification, providing for the transfer of additional positions within a retirement system previously divided pursuant to subparagraph (C) to the separate retirement system composed of positions of members who desire coverage, shall be effective with respect to services performed after the same effective date as that which was specified in the case of such previous division.”Pub. L. 87–878 § 2 · 76 Stat. 1202
Inserted · 42 U.S.C. § 418(p)
Pub. L. 87–878 inserted reference to Maine
Source evidence
Code amendment note
Subsec. (p). Pub. L. 87–878 inserted reference to Maine.Enacted provision · exact public law section
Sec. 2. Section 218(p) of the Social Security Act is amended by inserting “Maine,” after “Kansas,”.Pub. L. 88–350 § 2 · 78 Stat. 240
Inserted · 42 U.S.C. § 418(p)
Pub. L. 88–350 inserted reference to Texas
Source evidence
Code amendment note
Subsec. (p). Pub. L. 88–350 inserted reference to Texas.Enacted provision · exact public law section
Sec. 2. Section 218(p) of the Social Security Act is amended by inserting “Texas,” after “Tennessee,”.Pub. L. 88–382 · 78 Stat. 335
Changed · 42 U.S.C. § 418(d)(6)(C)
Pub. L. 88–382 included retirement systems established by Nevada
Source evidence
Code amendment note
Subsec. (d)(6)(C). Pub. L. 88–382 included retirement systems established by Nevada.Social Security Amendments of 1965
Pub. L. 89–97 § 314 · 79 Stat. 288
Inserted · 42 U.S.C. § 418(d)(6)(C)
Pub. L. 89–97, § 314, inserted “Alaska,” before “California”
Source evidence
Code amendment note
Subsec. (d)(6)(C). Pub. L. 89–97, § 314, inserted “Alaska,” before “California”.Enacted provision · exact public law section
Sec. 314. inclusion of alaska among states permitted to divide their retirement systems The first sentence of section 218(d)(6)(C) of the Social Security Act is amended by inserting “Alaska,” before “California”. 72 Stat. 1038. 42 USC 418.Social Security Amendments of 1965
Pub. L. 89–97 § 315 · 79 Stat. 288
Substituted · 42 U.S.C. § 418(d)(6)(F)
Pub. L. 89–97, § 315, substituted “1967” for “1963”
Source evidence
Code amendment note
Subsec. (d)(6)(F). Pub. L. 89–97, § 315, substituted “1967” for “1963”.Enacted provision · exact public law section
Sec. 315. additional period for electing coverage under divided retirement system The first sentence of section 218(d)(6)(F) of the Social Security Act is amended by striking out “1963” and inserting in lieu 72 Stat. 1039; 75 Stat. 139. 42 USC 418. thereof “1967”.Health Insurance for the Aged Act
Pub. L. 89–97 § 108(b) · 79 Stat. 288
Substituted · 42 U.S.C. § 418(h)(1)
Pub. L. 89–97, § 108(b), substituted “Trust Funds and the Federal Hospital Insurance Trust Fund in the ratio in which amounts are appropriated to such Funds pursuant to subsection (a)(3) of section 401 of this title, subsection (b)(1) of such section, and subsection (a)(1) of section 1395i of this title, respectively” for “Trust Funds in the ratio in which amounts are appropriated to such Funds pursuant to subsections (a)(3) and (b)(1) of section 401 of this title”
Source evidence
Code amendment note
Subsec. (h)(1). Pub. L. 89–97, § 108(b), substituted “Trust Funds and the Federal Hospital Insurance Trust Fund in the ratio in which amounts are appropriated to such Funds pursuant to subsection (a)(3) of section 401 of this title, subsection (b)(1) of such section, and subsection (a)(1) of section 1395i of this title, respectively” for “Trust Funds in the ratio in which amounts are appropriated to such Funds pursuant to subsections (a)(3) and (b)(1) of section 401 of this title”.Enacted provision · exact public law section
(b) Section 218(h)(1) of such Act is amended by striking out “Trust. Funds in the ratio in which amounts are appropriated to such Funds pursuant to subsections (a)(3) and (b)(1) of section 201” and inserting in lieu thereof “Trust Funds and the Federal Hospital Insurance Trust Fund in the ratio in which amounts are appropriated to such Funds pursuant to subsection (a)(3) of section 201, subsection Ante, p. 299. (b)(1) of such section, and subsection (a)(1) of section 1817, respectively”.Social Security Amendments of 1967
Pub. L. 90–248 § 116(b)(1)(A) · 81 Stat. 821
Struck · 42 U.S.C. § 418(c)(3)
Pub. L. 90–248, § 116(b)(1)(A), struck out subpar. (A) which provided for the exclusion of any service of an emergency nature
Redesignated · 42 U.S.C. § 418(c)(3)
Pub. L. 90–248, § 116(b)(1)(A), redesignated subpars. (B) and (C) as (A) and (B), respectively
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 90–248, § 116(b)(1)(A), struck out subpar. (A) which provided for the exclusion of any service of an emergency nature and redesignated subpars. (B) and (C) as (A) and (B), respectively.Enacted provision · exact public law section
(A) Section 218(c)(3) of such Act is amended by striking out subparagraph (A), and by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B). respectively.Social Security Amendments of 1967
Pub. L. 90–248 § 116(b)(1)(B) · 81 Stat. 821
Substituted · 42 U.S.C. § 418(c)(4)
Pub. L. 90–248, § 116(b)(1)(B), substituted “(3)(B)” for “(3)(C)”
Source evidence
Code amendment note
Subsec. (c)(4). Pub. L. 90–248, § 116(b)(1)(B), substituted “(3)(B)” for “(3)(C)”.Enacted provision · exact public law section
(B) Paragraphs (4) and (7) of section 218(c) of such Act, and paragraph (5)(B) of section 218(d) of such Act, are each amended by striking out “paragraph (3)(C)” wherever it appears and inserting in lieu thereof “paragraph (3)(B)”.Social Security Amendments of 1967
Pub. L. 90–248 § 116(b)(2) · 81 Stat. 821
Added · 42 U.S.C. § 418(c)(6)(E)
Pub. L. 90–248, § 116(b)(2), added subpar. (E)
Source evidence
Code amendment note
Subsec. (c)(6)(E). Pub. L. 90–248, § 116(b)(2), added subpar. (E).Enacted provision · exact public law section
(2) Section 218(c)(6) of such Act is amended— (A) by striking out “and” at the end of subparagraph (C); (B) by striking out the period at the end of subparagraph (D) and inserting in lieu thereof “, and”; and (C) by adding at the end thereof the following new subparagraph: “(E) service performed by an individual as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or other similar emergency.”Social Security Amendments of 1967
Pub. L. 90–248 § 116(b)(1)(B) · 81 Stat. 821
Substituted · 42 U.S.C. § 418(c)(7)
Pub. L. 90–248, § 116(b)(1)(B), substituted “(3)(B)” for “(3)(C)”
Source evidence
Code amendment note
Subsec. (c)(7). Pub. L. 90–248, § 116(b)(1)(B), substituted “(3)(B)” for “(3)(C)”.Enacted provision · exact public law section
(B) Paragraphs (4) and (7) of section 218(c) of such Act, and paragraph (5)(B) of section 218(d) of such Act, are each amended by striking out “paragraph (3)(C)” wherever it appears and inserting in lieu thereof “paragraph (3)(B)”.Social Security Amendments of 1967
Pub. L. 90–248 § 116(c) · 81 Stat. 821
Added · 42 U.S.C. § 418(c)(8)
Pub. L. 90–248, § 116(c), added par. (8)
Source evidence
Code amendment note
Subsec. (c)(8). Pub. L. 90–248, § 116(c), added par. (8).Enacted provision · exact public law section
(c) Section 218(c) of such Act is amended by adding at the end thereof the following new paragraph: “(8) Notwithstanding any other provision of this section, the agreement with any State entered into under this section may at the option of the State be modified on or after January 1, 1968, to exclude service performed by election officials or election workers if the remuneration paid in a calendar quarter for such service is less than $50. Any modification of an agreement pursuant to this paragraph shall be effective with respect to services performed after an effective date, specified in such modification, which shall not be earlier than the last day of the calendar quarter in which the modification is mailed or delivered by other means to the Secretary.”Social Security Amendments of 1967
Pub. L. 90–248 § 116(b)(1)(C) · 81 Stat. 821
Substituted · 42 U.S.C. § 418(d)(4)(C)
Pub. L. 90–248, § 116(b)(1)(C), substituted “(c)(3)(B)” for “(c)(3)(C)”
Source evidence
Code amendment note
Subsec. (d)(4)(C). Pub. L. 90–248, § 116(b)(1)(C), substituted “(c)(3)(B)” for “(c)(3)(C)”.Enacted provision · exact public law section
(C) Paragraph (4)(C) of section 218(d) of such Act is amended by striking out “subsection (c)(3)(C)” and inserting in lieu thereof “subsection (c)(3)(B)”.Social Security Amendments of 1967
Pub. L. 90–248 § 116(b)(1)(B) · 81 Stat. 821
Substituted · 42 U.S.C. § 418(d)(5)(B)
Pub. L. 90–248, § 116(b)(1)(B), substituted “(3)(B)” for “(3)(C)” wherever appearing
Source evidence
Code amendment note
Subsec. (d)(5)(B). Pub. L. 90–248, § 116(b)(1)(B), substituted “(3)(B)” for “(3)(C)” wherever appearing.Enacted provision · exact public law section
(B) Paragraphs (4) and (7) of section 218(c) of such Act, and paragraph (5)(B) of section 218(d) of such Act, are each amended by striking out “paragraph (3)(C)” wherever it appears and inserting in lieu thereof “paragraph (3)(B)”.Social Security Amendments of 1967
Pub. L. 90–248 § 117 · 81 Stat. 821
Inserted · 42 U.S.C. § 418(d)(6)(C)
Pub. L. 90–248, § 117, inserted “Illinois,” after “Georgia,”
Source evidence
Code amendment note
Subsec. (d)(6)(C). Pub. L. 90–248, § 117, inserted “Illinois,” after “Georgia,”.Enacted provision · exact public law section
Sec. 117. inclusion of illinois among states permitted to divide their retirement systems Section 218(d)(6)(C) of the Social Security Act is amended by inserting “Illinois,” after “Georgia,”.Social Security Amendments of 1967
Pub. L. 90–248 § 116(a) · 81 Stat. 821
Amended · 42 U.S.C. § 418(d)(6)(D)
Pub. L. 90–248, § 116(a), designated existing provisions as cl. (i)
Added · 42 U.S.C. § 418(d)(6)(D)
Pub. L. 90–248, § 116(a), added cl. (ii)
Source evidence
Code amendment note
Subsec. (d)(6)(D). Pub. L. 90–248, § 116(a), designated existing provisions as cl. (i) and added cl. (ii).Enacted provision · exact public law section
(a) Section 218(d)(6)(D) of the Social Security Act is amended by inserting “(i)” after “(D)”, and by adding at the end thereof the following: “(ii) Notwithstanding clause (i), the State may, pursuant to subsection (c)(4)(B) and subject to the conditions of continuation or termination of coverage provided for in subsection (c)(7), modify its agreement under this section to include services performed by all individuals described in clause (i) other than those individuals to whose services the agreement already applies. Such individuals shall be deemed (on and after the effective date of the modification) to be in positions covered by the separate retirement system consisting of the positions of members of the division or part who desire coverage under the insurance system established under this title.”Social Security Amendments of 1967
Pub. L. 90–248 § 116(d) · 81 Stat. 821
Substituted · 42 U.S.C. § 418(d)(6)(F)
Pub. L. 90–248, § 116(d), substituted “1970” for “1967”
Source evidence
Code amendment note
Subsec. (d)(6)(F). Pub. L. 90–248, § 116(d), substituted “1970” for “1967”.Enacted provision · exact public law section
(d) The first sentence of section 218(d)(6)(F) of the Social Security Act is amended by striking out “1967” and inserting in lieu thereof 72 Stat. 1039; 79 Stat. 385. 42 USC 418. “1970”.Social Security Amendments of 1967
Pub. L. 90–248 § 121 · 81 Stat. 821
Added · 42 U.S.C. § 418(f)(3)
Pub. L. 90–248, § 121, added par. (3)
Source evidence
Code amendment note
Subsec. (f)(3). Pub. L. 90–248, § 121, added par. (3).Enacted provision · exact public law section
Sec. 121. validation of coverage erroneously reported Section 218(f) of the Social Security Act is amended by 68 Stat. 1058; 72 Stat. 1040. 42 USC 418. adding at the end thereof the following new paragraph: “(3) Notwithstanding the provisions of paragraph (2) of this subsection, in the case of services performed by individuals as members of any coverage group to which an agreement under this section is made applicable, and with respect to which there were timely paid in good faith to the Secretary of the Treasury amounts equivalent to the sum of the taxes which would have been imposed by sections 3101 and 3111 of the Internal Revenue Code of 1954 had such services 79 Stat. 395, 396. constituted employment for purposes of chapter 21 of such Code at the time they were performed, and with respect to which refunds were not obtained, such individuals may, if so requested by the State, be deemed to be members of such coverage group on the date designated pursuant to paragraph (2).”Social Security Amendments of 1967
Pub. L. 90–248 title I · 81 Stat. 821
Amended · 42 U.S.C. § 418(p)
Pub. L. 90–248, §§ 119(a), 120(a), designated existing provisions as par. (1)
Inserted · 42 U.S.C. § 418(p)
Pub. L. 90–248, §§ 119(a), 120(a), inserted “Puerto Rico,” after “Oregon,”
Added · 42 U.S.C. § 418(p)
Pub. L. 90–248, §§ 119(a), 120(a), added par. (2)
Source evidence
Code amendment note
Subsec. (p). Pub. L. 90–248, §§ 119(a), 120(a), designated existing provisions as par. (1), inserted “Puerto Rico,” after “Oregon,”, and added par. (2).Enacted provision · exact public law
TITLE I— OLD-AGE, SURVIVORS, DISABILITY, AND HEALTH INSURANCE Part 1— Benefits Under the Old-Age, Survivors, and Disability Insurance Program Sec. 101. increase in old-age, survivors, and disability insurance benefits (a) Section 215(a) of the Social Security Act is amended by striking out the table and inserting in lieu thereof the following: “I II III IV V (Primary insurance benefit under 1939 Act, as modified) (Primary insurance amount under 1965 Act) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary insurance amount as determined under subsec. (c))is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to in the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided in sec. 203(a)) on the basis of his wages and self-employment income shall be— At least— But not more than— At least— But not more than— $15. 60 $48. 00 ......................................... $74 $55. 00 $82. 50 or less $15. 61 16. 20 49. 00 $75 76 55. 40 83. 10 16. 21 16. 84 50. 00 77 78 56. 50 84. 80 16. 85 17. 60 51. 00 79 80 57. 70 86. 60 17. 61 18. 40 52. 00 81 81 58. 80 88. 20 18. 41 19. 24 53. 00 82 S3 59. 90 89. 90 19. 25 20. 00 54. 00 84 85 61. 10 91. 70 20. 01 20. 64 55. 00 86 87 62. 20 93. 30 20. 65 21. 28 56. 00 88 89 63. 30 95. 00 21. 29 21. 88 57. 00 90 90 64. 50 90. 80 21. 89 22. 28 58. 00 91 92 65. 60 98. 40 22. 29 22. 68 50. 00 93 94 66. 70 100. 10 22. 69 23. 08 60. 00 95 96 67. 80 101. 70 23. 09 23. 44 61. 00 97 97 69. 00 103. 50 23. 45 23. 76 62. 10 98 99 70. 20 105. 30 23. 77 24. 20 63. 20 100 101 71. 50 107. 30 24. 21 24. 60 64. 20 102 102 72. 60 108. 90 24. 61 25. 00 65. 30 103 104 73. 80 110. 70 25. 01 25. 48 66. 40 105 106 75. 10 112. 70 25. 49 25. 92 67. 50 107 107 76. 30 114. 50 25. 93 28. 40 68. 50 108 109 77. 50 116. 30 26. 41 26. 94 69. 60 110 113 78. 70 118. 10 26. 95 27. 46 70. 70 114 118 79. 90 119. 90 27. 47 28. 00 71. 70 119 122 81. 10 121. 70 28. 01 28. 68 72. 80 123 127 82. 30 123. 50 “I II III IV V (Primary insurance benefit under 1939 Act, as modified) (Primary insurance amount under 1965 Act) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary insurance amount as determined under subsec. (c))is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to in the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided in sec. 203(a)) on the basis of his wages and self-employment income shall be— At least— But not more than— At least— But not more than— $28. 69 $29. 25 $73. 90 $128 $132 $83. 60 $125. 40 29. 26 29. 68 74. 90 133 136 84. 70 127. 10 29. 69 30. 36 76. 00 137 141 85. 90 128. 90 30. 37 30. 92 77. 10 142 146 87. 20 130. 80 30. 93 31. 36 78. 20 147 150 88. 40 132. 60 31. 37 32. 00 79. 20 151 155 89. 50 134. 30 32. 01 32. 60 80. 30 156 160 90. 80 136. 20 32. 61 33. 20 81. 40 161 164 92. 00 138. 00 33. 21 33. 88 82. 40 165 169 93. 20 139. 80 33. 88 34. 50 83. 50 170 174 94. 40 141. 60 34. 31 35. 00 84. 60 175 178 95. 60 143. 40 35. 01 35. 80 85. 60 179 183 90. 80 146. 40 35. 81 36. 40 86. 70 184 188 98. 00 150. 40 36. 41 37. 08 87. 80 189 193 99. 30 154. 40 37. 09 37. 60 88. 90 194 197 100. 50 157. 60 37. 61 38. 20 89. 90 198 202 101. 60 161. 60 38. 21 39. 12 91. 00 203 207 102. 90 165. 60 39. 13 39. 68 92. 10 208 211 104. 10 168. 80 39. 69 40. 33 93. 10 212 216 105. 20 172. 80 40. 34 41. 12 94. 20 217 221 106. 50 176. 80 41. 13 41. 76 96. 30 222 225 107. 70 180. 00 41. 77 42. 44 96. 30 226 230 108. 90 184. 00 42. 45 43. 20 97. 40 231 235 110. 10 188. 00 43. 21 43. 76 98. 50 236 239 111. 40 191. 20 43. 77 44. 44 99. 60 240 244 112. 60 195. 20 44. 45 44. 88 100 60 245 249 113. 70 199. 20 44. 89 45. 60 101. 70 250 253 115. 00 202. 40 102. 80 254 258 116. 20 206. 40 103. 80 259 263 117. 30 210. 40 104. 90 264 267 118. 60 213. 60 106. 00 268 272 119. 80 217. 60 107. 00 273 277 121. 00 221. 60 108. 10 278 281 122. 20 224. 80 109. 20 282 286 123. 40 228. 80 110. 30 287 291 124. 70 232. 80 111. 30 292 295 125. 80 236. 00 112. 40 296 300 127. 10 240. 00 113. 50 301 305 128. 30 244. 00 114. 50 306 309 129. 40 247. 20 115. 60 310 314 130. 70 251. 20 116. 70 315 319 131. 90 255. 20 117. 70 320 323 133. 00 258. 40 118. 80 324 328 134. 30 262. 40 110. 90 329 333 135. 50 266. 40 121. 00 334 337 136. 80 269. 60 122. 00 338 342 137. 90 273. 00 123. 10 343 347 139. 10 277. 60 124. 20 348 351 140. 40 280. 80 125. 20 352 356 141. 50 284. 80 126. 30 357 361 142. 80 288. 80 127. 40 362 365 144. 00 292. 00 128. 40 366 370 145. 10 296. 00 129. 50 371 375 146. 40 300. 00 130. 60 376 379 147. 60 303. 20 131. 70 380 384 148. 90 307. 20 132. 70 385 389 150. 00 311. 20 133. 80 390 393 151. 20 314. 40 134. 90 394 398 152. 50 318. 40 135. 90 399 403 153. 60 322. 40 137. 00 404 407 154. 90 325. 60 138. 00 408 412 156. 00 329. 60 139. 00 413 417 157. 10 333. 60 140. 00 418 421 158. 20 336. 80 141. 00 422 426 159. 40 340. 80 142. 00 427 431 160. 50 344. 80 143. 00 432 436 161. 60 348. 80 144. 00 437 440 162. 80 350. 40 145. 00 441 445 163. 90 352. 40 146. 00 446 450 165. 00 354. 40 147. 00 451 454 166. 20 356. 00 148. 00 455 459 167. 30 358. 00 149. 00 460 464 168. 40 360. 00 150. 00 465 468 169. 50 361. 60 151. 00 469 473 170. 70 363. 60 “I II III IV V (Primary insurance benefit under 1939 Act, as modified) (Primary insurance amount under 1965 Act) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary insurance amount as determined under subsec. (c))is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to in the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided in sec. 203(a)) on the basis of his wages and self-employment income shall be— At least— But not more than— At least— But not more than— $152. 00 $474 $478 $171. 80 $365. 60 163. 00 479 482 172. 90 367. 20 154. 00 483 487 174. 10 369. 20 155. 00 488 492 175. 20 371. 20 156. 00 493 496 176. 30 372. 80 157. 00 497 501 177. 50 374. 80 158. 00 502 506 178. 60 376. 80 159. 00 507 510 179. 70 378. 40 160. 00 511 515 180. 80 380. 40 161. 00 516 520 182. 00 382. 40 162. 00 521 524 183. 10 384. 00 163. 00 525 529 184. 20 386. 00 164. 00 530 534 185. 40 388. 00 165. 00 535 538 186. 50 389. 60 166. 00 539 543 187. 60 391. 60 167. 00 544 548 188. 80 393. 60 168. 00 549 553 189. 90 395. 60 554 556 191. 00 396. 80 557 560 192. 00 398. 40 561 563 193. 00 399. 60 564 567 194. 00 401. 20 568 570 195. 00 402. 40 571 574 196. 00 404. 00 575 577 197. 00 405. 20 578 581 198. 00 406. 80 582 584 199. 00 408. 00 585 588 200. 00 400. 60 589 591 301. 00 410. 80 592 595 202. 00 412. 40 596 598 203. 00 413. 60 599 602 204. 00 415. 20 603 605 205. 00 416. 40 606 609 206. 00 418. 00 610 612 207. 00 419. 20 613 616 208. 00 420. 80 617 620 209. 00 422. 40 621 623 210. 00 423. 60 624 627 211. 00 425. 20 628 630 212. 00 426. 40 631 634 213. 00 428. 00 635 637 214. 00 429. 20 638 641 215. 00 430. 80 642 644 216. 00 432. 00 645 648 217. 00 433. 60 649 650 218. 00 434. 40”. (b) Section 203(a) of such Act is amended by striking out paragraph (2) and inserting in lieu thereof the following: “(2) when two or more persons were entitled (without the application of section 202(j)(1) and section 223(b)) to monthly 42 USC 402, 423. benefits under section 202 or 223 for the month of February 1968 on the basis of the wages and self-employment income of such insured individual, such total of benefits for such month or any subsequent month shall not be reduced to less than the larger of— “(A) the amount determined under this subsection without regard to this paragraph, or “(B) an amount equal to the sum of the amounts derived by multiplying the benefit amount determined under this title (including this subsection, but without the application of 42 USC 422; Post, pp. 830–832. section 222(b), section 202(q), and subsections (b), (c), and (d) of this section), as in effect prior to February 1968, for each such person for February 1968, by 113 percent and raising each such increased amount, if it is not a multiple of $0.10, to the next higher multiple of $0.10; but in any such case (i) paragraph (1) of this subsection shall 42 USC 403. not be applied to such total or benefits after the application of subparagraph (B), and (ii) if section 202(k)(2)(A) was applicable in the case of any such benefits for the month of February 1968, and ceases to apply after such month, the provisions of subparagraph (B) shall be applied, for and after the month in which section 202(k)(2)(A) ceases to apply, as though paragraph (1) had not been applicable to such total of benefits for February 1968, or”. (c) (1) Section 215(b)(4) of such Act is amended to read as 79 Stat. 364. 42 USC 415. follows: “(4) The provisions of this subsection shall be applicable only in the case of an individual— “(A) who becomes entitled, after January 1968, to benefits under section 202(a) or section 223; or 42 USC 402, 423. “(B) who dies after January 1968 without being entitled to benefits under section 202(a) or section 223; or “(C) whose primary insurance amount is required to be recomputed under subsection (f)(2).” Post, p. 865. (2) Section 215(b)(5) of such Act is repealed. Repeal. 79 Stat. 364. 42 USC 415. 79 Stat. 363. (d) Section 215(c) of such Act is amended to read as follows: “(c) “Primary Insurance Amount Under 1965 Act (1) For the purposes of column II of the table appearing in subsection (a) of this section, an individual’s primary insurance Ante, p. 824. amount shall be computed on the basis of the law in effect prior to the enactment of the Social Security Amendments of 1967. “(2) The provisions of this subsection shall be applicable only in the case of an individual who became entitled to benefits under section 202(a) or section 223 before the month of February 1968, or who died before such month.” (e) The amendments made by this section shall apply with respect to monthly benefits under title II of the Social Security Act for 42 USC 401–428; Post, p. 833. months after January 1968 and with respect to lump-sum death payments under such title in the case of deaths occurring after January 1968. (f) If an individual was entitled to a disability insurance benefit under section 223 of the Social Security Act for the month of January 1968 and became entitled to old-age insurance benefits under section 202(a) of such Act for the month of February 1968, or who died in such month, then, for purposes of section 215(a)(4) of the Social Security Act (if applicable) the amount in column IV of the table appearing in such section 215(a) for such individual shall be the Ante, p. 824. 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 primary Supra. insurance amount on which his disability insurance benefit is based. Sec. 102. increase in benefits for certain individuals age 72 and over (a) (1) Section 227(a) of the Social Security Act is 79 Stat. 379. 42 USC 427. amended by striking out “$35” and inserting in lieu thereof “$40”, and by striking out “$17.50” and inserting in lieu thereof “$20”. (2) Section 227(b) of such Act is amended by striking out in the second sentence “$35” and inserting in lieu thereof “$40”. (b) (1) Section 228 (b)(1) of such Act is amended by striking out 80 Stat. 67. 42 USC 428. “$35” and inserting in lieu thereof “$40”. (2) Section 228(b)(2) of such Act is amended by striking out “$35” and inserting in lieu thereof “$40”, and by striking out “$17.50” and inserting in lieu thereof “$20”. (3) Section 228(c)(2) of such Act is amended by striking out “$17.50” and inserting in lieu thereof “$20”. (4) Section 228(c)(3)(A) of such Act is amended by striking out “$35” and inserting in lieu thereof “$40”. (5) Section 228(c)(3)(B) of such Act is amended by striking out “$17.50” and inserting in lieu thereof “$20”. (c) The amendments made by subsections (a) and (b) shall apply with respect to monthly benefits under title II of the Social Security 42 USC 401–428; Post, p. 833. Act for months after January 1968. Sec. 103. maximum amount of a wife’s or husband’s insurance benefit (a) Section 202(b)(2) of the Social Security Act is amended to read as follows: “(2) Except as provided in subsection (q), such wife’s insurance benefit for each month shall be equal to whichever of the following is the smaller: (A) one-half of the primary insurance amount of her husband (or, in the case of a divorced wife, her former husband) for such month or (B) $105.” (b) Section 202(c)(3) of such Act is amended to read as follows: “(3) Except as provided in subsection (q), such husband’s insurance benefit for each month shall be equal to whichever of the following is the smaller: (A) one-half of the primary insurance amount of his wife for such month, or (B) $105.” (c) Section 202(e)(4) of such Act is amended by striking out “50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based” and inserting in lieu thereof “whichever of the following is the smaller: (A) one-half of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based, or (B) $105”. (d) Section 202(f)(5) of such Act is amended by striking out “50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based” and inserting in lieu thereof “whichever of the following is the smaller: (A) one-half of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based, or (B) $105”. (e) The amendments made by subsections (a), (b), (e). and (d) shall apply with respect to monthly benefits under title II of the Social Security Act for months after January 1968. Sec. 104. benefits to disabled widows and widowers (a) (1) Subparagraph (B) of section 202(e)(1) of the Social Security Act is amended to read as follows: “(B) (i) has attained age 60, or (ii) has attained age 50 but has not attained age 60 and is under a disability (as defined in section Post, p. 868. 223(d)) which began before the end of the period specified in Post, p. 829. paragraph (5),”. (2) So much of section 202(e)(1) of such Act as follows subparagraph (E) is amended to read as follows: “shall be entitled to a widow’s insurance benefit for each month, beginning with— “(F) if she satisfies subparagraph (B) by reason of clause (i) thereof, the first month in which she becomes so entitled to such insurance benefits, or “(G) if she satisfies subparagraph (B) by reason of clause (ii) thereof— “(i) the first month after her waiting period (as defined in paragraph (6)) in which she becomes so entitled to such Infra. insurance benefits, or “(ii) the first month during all of which she is under a disability and in which she becomes so entitled to such insurance benefits, but only if she was previously entitled to insurance benefits under this subsection on the basis of being under a disability and such first month occurs (I) in the period specified in paragraph (5) and (II) after the month in which a Infra. previous entitlement to such benefits on such basis terminated, and ending with the month preceding the first month in which any of the following occurs: she remarries, dies, becomes entitled to an old-age insurance benefit equal to or exceeding 82½ percent, of the primary insurance amount of such deceased individual, or, if she became entitled to such benefits before she attained age 60, the third month following the month in which her disability ceases (unless she attains age 62 on or before the last day of such third month).” (3) Section 202(e) of such Act is further amended by adding after 79 Stat. 403. 42 USC 402. paragraph (4) the following new paragraphs: “(5) The period referred to in paragraph (l)(B)(ii), in the case Ante, p. 828. of any widow or surviving divorced wife, is the period beginning with whichever of the following is the latest: “(A) the month in which occurred the death of the fully insured individual referred to in paragraph (1) on whose wages and self-employment income her benefits are or would be based, or “(B) the last month for which she was entitled to mother’s insurance benefits on the basis of the wages and self-employment income of such individual, or “(C) the month in which a previous entitlement to widow’s insurance benefits on the basis of such wages and self-employment income terminated because her disability had ceased, and ending with the month before the month in which she attains age 60, or, if earlier, with the close of the eighty-fourth month following the month with which such period began. “(6) The waiting period referred to in paragraph (1)(G), in the Supra. case of any widow or surviving divorced wife, is the earliest period of six consecutive calendar months— “(A) throughout which she has been under a disability, and “(B) which begins not earlier than with whichever of the following is the later: (i) the first day of the eighteenth month before the month in which her application is filed, or (ii) the first day of the sixth month before the month in which the period specified in paragraph (5) begins.” (b) (1) Subparagraph (B) of section 202(f)(1) of such Act is 64 Stat. 485; 75 Stat. 131. amended to read as follows: “(B) (i) has attained age 62, or (ii) has attained age 50 but has not attained age 62 and is under a disability (as defined in section 223(d)) which began before the end of the period specified Post, p. 868. Post, p. 830. in paragraph (6),”. (2) So much of section 202(f)(1) of such Act as follows subparagraph (E) is amended to read as follows: 64 Stat. 485; 71 Stat. 519. “shall be entitled to a widower’s insurance benefit for each month, beginning with— “(F) if he satisfies subparagraph (B) by reason of clause (i) Supra. thereof, the first month in which he becomes so entitled to such insurance benefits, or “(G) if he satisfies subparagraph (B) by reason of clause (ii) thereof— “(i) the first month after his waiting period (as defined in Infra. paragraph (7)) in which he becomes so entitled to such insurance benefits, or “(ii) the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits, but only if he was previously entitled to insurance benefits under this subsection on the basis of being under a disability and such first month occurs (I) in the period Intra. specified in paragraph (6) and (II) after the month in which a previous entitlement to such benefits on such basis terminated, and ending with the month preceding the first month in which any of the following occurs: he remarries, dies, or becomes entitled to an old-age insurance benefit equal to or exceeding 82% percent of the primary insurance amount of his deceased wife, or the third month following the month in which his disability ceases (unless he attains age 62 on or before the last day of such third month).” (3) Section 202(f)(3) of such Act is amended by inserting “subsection (q) and” after “provided in”. (4) Section 202(f) of such Act is further amended by adding after paragraph (5) the following new paragraphs: “(6) The period referred to in paragraph (1)(B)(ii), in the case of any widower, is the period beginning with whichever of the following is the latest: “(A) the month in which occurred the death of the fully insured individual referred to in paragraph (1) on whose wages and self-employment income his benefits are or would be based, or “(B) the month in which a previous entitlement to widower’s insurance benefits on the basis of such wages and self-employment income terminated because his disability had ceased, and ending with the month before the month in which he attains age 62, or, if earlier, with the close of the eighty-fourth month following the month with which such period began. “(7) The waiting period referred to in paragraph (1)(G), in the case of any widower, is the earliest period of six consecutive calendar months— “(A) throughout which he has been under a disability, and “(B) which begins not earlier than with whichever of the following is the later: (i) the first day of the eighteenth month before the month in which his application is filed, or (ii) the first day of the sixth month before the month in which the period Supra. 79 Stat. 368. specified in paragraph (6) begins.” (c) (1) The heading of section 202(q) of such Act is amended to read as follows: “Reduction of Benefit Amounts for Certain Beneficiaries” (2) So much of section 202(q)(1) of such Act as precedes subparagraph (A) is amended by striking out “or widow’s” and inserting in lieu thereof “widow’s, or widower’s”. (3) Subparagraph (A) of section 202(q)(1) of such Act is amended by striking out “or widow’s” and inserting in lieu thereof “, widow’s, or widower’s”. (4) Section 202 (q)(1) of such Act is amended by adding at the end thereof the following: “A widow’s or widower’s insurance benefit reduced pursuant to the preceding sentence shall be further reduced by— “(C) 43/198 of 1 percent of the amount of such benefit, multiplied by “(D) (i) the number of months in the additional reduction period for such benefit (determined under paragraph (6)), if such benefit is for a month before the month in which such individual attains retirement age, or “(ii) the number of months in the additional adjusted reduction period for such benefit (determined under paragraph (7)), Post, p. 832 if such benefit is for the month in which such individual attains retirement age or for any month thereafter.” (5) Section 202(q)(3)(A) of such Act is amended— 75 Stat. 132; 79 Stat. 368, 374. 42 USC 402. (A) by striking out “or widow’s” each place it appears and inserting in lieu thereof “widow’s, or widower’s”; (B) by striking out “a widow’s” and inserting in lieu thereof “a widow’s or widower’s”; and (C) by striking out “60” and inserting in lieu thereof “50”. (6) Section 202(q)(3)(C) of such Act is amended by striking out 79 Stat. 369. “or widow’s” each time it appears and inserting in lieu thereof “widow’s, or widower’s”. (7) Section 202(q)(3)(D) of such Act is amended by striking out 75 Stat. 132; 79 Stat. 368, 374. “or widow’s” and inserting in lieu thereof “widow’s, or widower’s”. (8) Section 202(q)(3)(E) of such Act is amended— 79 Stat. 374. (A) by striking out “(or would, but for subsection (e)(1), be)” and inserting in lieu thereof “(or would, but for subsection (e)(1) in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower, be)”; (B) by striking out “widow’s” each place it appears and inserting in lieu thereof “widow’s or widower’s”; and (C) by striking out “she” and inserting in lieu thereof “she or he”. (9) Section 202(q)(3)(F) of such Act is amended— (A) by striking out “(or would, but for subsection (e)(1), be)” and inserting in lieu thereof “(or would, but for subsection (e)(1) in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower, be)”; (B) by striking out “widow’s” each place it appears and inserting in lieu thereof “widow’s or widowers”; and (C) by striking out “she” and inserting in lieu thereof “she or he”. (10) Section 202(q)(3)(G) of such Act is amended— (A) by striking out “(or would, but for subsection (e)(1), be)” and inserting in lieu thereof “(or would, but for subsection (e)(1) in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower, be)”; (B) by striking out “widow’s” and inserting in lieu thereof “widow’s or widower’s”; and (C) by striking out “he” and inserting in lieu thereof “she or he”. (11) Section 202(q)(6) of such Act is amended to read as follows: 75 Stat. 138; 79 Stat. 368. “Reduction period.” “(6) For the purposes of this subsection— “(A) the ‘reduction period’ for an individual’s old-age, wife’s, husband’s, widow’s, or widower’s insurance benefit is the period— “(i) beginning— “(I) in the case of an old-age or husband’s insurance benefit, with the first day of the first month for which such individual is entitled to such benefit, or “(II) in the case of a wife’s insurance benefit, with the first day of the first month for which a certificate described in paragraph (5)(A)(i) is effective, or “(III) in the case of a widow’s or widower’s insurance benefit, with the first day of the first month for which such individual is entitled to such benefit or the first day of the month in which such individual attains age 60, whichever is the later, and “(ii) ending with the last day of the month before the month in which such individual attains retirement age; and “(B) the ‘additional reduction period’ for an individual’s widow’s or widower’s insurance benefit is the period— “(i) beginning with the first day of the first month for which such individual is entitled to such benefit, but only if such individual has not attained age 60 in such first month, and “(ii) ending with the last day of the month before the month in which such individual attains age 60.” (12) Section 202(q)(7) of such Act is amended— (A) by inserting “or ‘additional adjusted reduction period’” after “the ‘adjusted reduction period’ (B) by striking out “or widow’s” and inserting in lieu thereof “widow’s, or widower’s”; (C) by inserting “or additional reduction period (as the case may be)” after “the reduction period”; and (D) by striking out “widow’s” in subparagraph (E) and inserting in lieu thereof “widow’s or widower’s”, by striking out “she” each place it appears in such subparagraph and inserting in lieu thereof “she or he”, and by striking out “her” in such subparagraph and inserting in lieu thereof “her or his”. (13) Section 202(g)(9) of such Act is amended by striking out “widow’s” and inserting in lieu thereof “widow’s or widower’s”. (d) (1) (A) The third sentence of section 203(c) of such Act is amended by striking out “or any subsequent month” and inserting in lieu thereof “or any subsequent month; nor shall any deduction be made under this subsection from any widow’s insurance benefit for any month in which the widow or surviving divorced wife is entitled and has not attained age 62 (but only if she became so entitled prior to attaining age 60), or from any widower’s insurance benefit for any month in which the widower is entitled and has not attained age 62” (B) The third sentence of section 203(f)(1) of such Act is amended by striking out “or (D)” and inserting m lieu thereof the following: “(D) for which such individual is entitled to widow’s insurance benefits and has not attained age 62 (but only if she became so entitled prior to attaining age 60) or widower’s insurance benefits and has not attained age 62, or (E)”. (C) Section 203(f)(2) of such Act is amended by striking out “and (D)” and inserting in lieu thereof “(D), and (E)”. (D) Section 203(f)(4) of such Act is amended by striking out “(D)” and inserting in lieu thereof “(E)”. (2) Section 216(1)(1) of such Act is amended by inserting “202(e), 202(f),” after “202(d),”. (3) (A) Section 222(a) of such Act is amended by inserting “widow’s insurance benefits, or widower’s insurance benefits,” after “benefits,”. (B) Section 222(b)(1) of such Act is amended by striking out “child’s insurance benefits or if” and inserting in lieu thereof “child’s insurance benefits, a widow or surviving divorced wife who has not attained age 60, a widower who has not attained age 62, or”. (4) (A) Section 222(d)(1) of such Act is amended by inserting “or” at the end of subparagraph (B), and by inserting after such subparagraph the following new subparagraphs: “(C) entitled to widow’s insurance benefits under section 202 (e) prior to attaining age 60, or “(D) entitled to widower’s insurance benefits under section 202 (f) prior to attaining age 62,”. 42 USC 402. 79 Stat. 408. 42 USC 422. (B) Section 222(d)(1) of such Act is further amended by striking out “who have attained age 18 and are under a disability,” in the first sentence and inserting in lieu thereof the following: “who have attained age 18 and are under a disability, the benefits under section 202(e) for widows and surviving divorced wives who have not attained age 60 and are under a disability, the benefits under section 202(f) for widowers who have not attained age 62,”. (5) (A) The first sentence of section 225 of such Act is amended 70 Stat. 817. 42 USC 425. by inserting after “under section 202(d),” the following: “or that a widow or surviving divorced wife who has not attained age 60 and is entitled to benefits under section 202(e), or that a widower who has not attained age 62 and is entitled to benefits under section 202(f),”. (B) The first sentence of section 225 of such Act is further amended by striking out “223 or 202(d)” and inserting in lieu thereof “202(d). 202(e),202(f),or 223”. (e) The amendments made by this section shall apply with respect to monthly benefits under title II of the Social Security Act for and after the month of February 1968, but only on the basis of applications for such benefits filed in or after the month in which this Act is enacted. Sec. 105. insured status for younger disabled workers (a) Subparagraph (B)(ii) of section 216(i)(3) of the Social Security Act is amended by striking out “and he is under a 79 Stat. 412. 42 USC 416. disability by reason of blindness (as defined in paragraph (1))”. (b) Subparagraph (B)(ii) of section 223(c)(1) of such Act is 79 Stat. 413. 42 USC 423. amended by striking out “before he attains” and inserting in lieu thereof “before the quarter in which he attains”, and by striking out “and he is under a disability by reason of blindness (as defined in section 216(i)(1))”. (c) The amendment made by subsection (a) shall apply only with respect to applications for disability determinations filed under section 216(i) or the Social Security Act in or after the month in which this Act is enacted. The amendments made by subsection (b) shall apply with respect to monthly benefits under title II of such Act for months after January 1968, but only on the basis of applications for such benefits filed in or after the month in which this Act is enacted. Sec. 106. benefits in case of members of the uniformed services Title II of the Social Security Act is amended by adding 53 Stat. 1362; 80 Stat. 67. 42 USC 401–428. at the end thereof the following new section: “Sec. 229. “benefits in case of members of the uniformed services (a) For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 1967, or entitlement to and the amount of any lump-sum death payment in case of a death after such month, payable under this title on the basis of the wages and self-employment income of any individual, and for purposes of section 216 (i)(3), such individual shall be deemed to have been paid, in each calendar quarter occurring after 1967 in which he was paid wages for service as a member of a uniformed service (as defined in section 210(m)) which was included in the term ‘employment’ as defined in section 210(a) as a result of the provisions or sec-tion 210(1), wages (in addition to the wages actually paid to him for such service) of— “(1) $100 if the wages actually paid to him in such quarter for such services were $100 or less, “(2) $200 if the wages actually paid to him in such quarter for such services were more than $100 but not more than $200, or “(3) $300 in any other case. “(b) There are authorized to be appropriated to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund 42 USC 401 et seq., 1395c–1395i. annually, as benefits under this title and part A of title XVIII are paid after December 1967, such sums as the Secretary determines to be necessary to meet (1) the additional costs, resulting from subsection (a), of such benefits (including lump-sum death payments), (2) the additional administrative expenses resulting therefrom, and (3) any loss in interest to such trust funds resulting from the payment of such amounts. Such additional costs shall be determined after any increases in such benefits arising from the application of section 217 have been made.” Sec. 107. liberalization of earnings test (a) (1) Paragraphs (1), (3), and (4)(B) of section 203(f) of the Social Security Act are each amended by striking out “$125” and inserting in lieu thereof “$140”. (2) Paragraph (1)(A) of section 203(h) of such Act is amended by striking out “$125” and inserting in lieu thereof “$140”. (b) The amendments made by subsection (a) shall apply with respect to taxable years ending after December 1967. Sec. 108. increase of earnings counted for benefit and tax purposes (a) (1) (A) Section 209(a)(4) of the Social Security Act is amended by inserting “and prior to 1968” after “1965”. (B) Section 209(a) of such Act is further amended by adding at the end thereof the following new paragraph: “(5) That part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to $7,800 with respect to employment has been paid to an individual during any calendar year after 1967, is paid to such individual during such calendar year;”. (2) (A) Section 211 (b)(1)(D) of such Act is amended by inserting “and prior to 1968” after “1965”, and by striking out “; or” and inserting in lieu thereof “; and”. (B) Section 211(b)(1) of such Act is further amended by adding at the end thereof the following new subparagraph: “(E) For any taxable year ending after 1967, (i) $7,800, minus (ii) the amount of the wages paid to such individual during the taxable year; or”. (3) (A) Section 213(a)(2)(ii) of such Act is amended by striking out “after 1965” and inserting in lieu thereof “after 1965 and before 1968, or $7,800 in the case of a calendar year after 1967”. (B) Section 213(a)(2)(iii) of such Act is amended by striking out “after 1965” and inserting in lieu thereof “after 1965 and before 1968, or $7,800 in the case of a taxable year ending after 1967”. (4) Section 215(e)(1) of such Act is amended by striking out “and the excess over $6,600 in the case of any calendar year after 1965” and inserting in lieu thereof “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”. (b) (1) (A) Section 1402(b)(1)(D) of the Internal Revenue Code of 1954 (relating to definition of self-employment income) is amended 79 Stat. 393. by inserting “and before 1968” after “1965”, and by striking out “; or” and inserting in lieu thereof “; and”. (B) Section 1402 (b)(1) of such Code is further amended by adding 68 Stat. 1088; 79 Stat. 393. at the end thereof the following new subparagraph: “(E) for any taxable year ending after 1967, (i) $7,800, minus (ii) the amount of the wages paid to such individual during the taxable year; or”. (2) Section 3121(a)(1) of such Code (relating to definition of wages) is amended by striking out “$6,600” each place it appears and 79 Stat. 393. inserting in lieu thereof “$7,800”. (3) The second sentence of section 3122 of such Code (relating to Federal service) is amended by striking out “$6,600” and inserting in lieu thereof “$7,800”. (4) Section 3125 of such Code (relating to returns in the case of governmental employees in Guam, American Samoa, and the District of Columbia) is amended by striking out “$6,600” each place it appears and inserting in lieu thereof “$7,800”. (5) Section 6413 (c)(1) of such Code (relating to special refunds of employment taxes) is amended— 79 Stat. 393, 394. (A) by inserting “and prior to the calendar year 1968” after “the calendar year 1965”; (B) by inserting after “exceed $6,600,” the following: “or (D) during any calendar year after the calendar year 1967, the wages received by him during such year exceed $7,800,”; and (C) by inserting before the period at the end thereof the following: “and before 1968, or which exceeds the tax with respect to the first $7,800 of such wages received in such calendar year after 1967”. (6) Section 6413(c)(2)(A) of such Code (relating to refunds of employment taxes in the case of Federal employees) is amended by striking out “or $6,600 for any calendar year after 1965” and inserting in lieu thereof “$6,600 for the calendar year 1966 or 1967, or $7,800 for any calendar year after 1967”. (c) The amendments made by subsections (a)(1) and (a)(3)(A), and the amendments made by subsection (b)(except paragraph (1) thereof), shall apply only with respect to remuneration paid after December 1967. The amendments made by subsections (a)(2), (a)(3)(B), and (b)(1) shall apply only with respect to taxable years ending after 1967. The amendment made by subsection (a)(4) shall apply only with respect to calendar years after 1967. Sec. 109. changes in tax schedules (a) (1) Section 1401(a) of the Internal Revenue Code of 1954 (relating to rate of tax on self-employment income for purposes of old-age, survivors, and disability insurance) is amended by striking 79 Stat. 394. out paragraphs (1), (2), (3), and (4) and inserting in lieu thereof the following: “(1) in the case of any taxable year beginning after December 31, 1967, and before January 1, 1969, the tax shall be equal to 5.8 percent of the amount of the self-employment income for such taxable year; “(2) in the case of any taxable year beginning after December 31, 1968, and before January 1, 1971, the tax shall be equal to 6.3 percent of the amount of the self-employment income for such taxable year; “(3) in the case of any taxable year beginning after December 31, 1970, and before January 1, 1973, the tax shall be equal to 6.9 percent of the amount of the self-employment income for such taxable year; and “(4) in the case of any taxable year beginning after December 31, 1972, the tax shall be equal to 7.0 percent of the amount of the self-employment income for such taxable year.” (2) Section 3101(a) of such Code (relating to rate of tax on employees for purposes of old-age, survivors, and disability insurance) is amended by striking out paragraphs (1), (2), (3), and (4) and inserting in lieu thereof the following: “(1) with respect to wages received during the calendar year 1968, the rate shall be 3.8 percent; “(2) with respect to wages received during the calendar years 1969 and 1970, the rate shall be 4.2 percent; “(3) with respect to wages received during the calendar years 1971 and 1972, the rate shall be 4.6 percent; and “(4) with respect to wages received after December 31, 1972, the rate shall be 5.0 percent.” (3) Section 3111(a) of such Code (relating to rate of tax on employers for purposes of old-age, survivors, and disability insurance) is amended by striking out paragraphs (1), (2), (3), and (4) and inserting in lieu thereof the following: “(1) with respect to wages paid during the calendar year 1968, the rate shall be 3.8 percent; “(2) with respect to wages paid during the calendar years 1969 and 1970, the rate shall be 4.2 percent; “(3) with respect to wages paid during the calendar years 1971 and 1972, the rate shall be 4.6 percent; and “(4) with respect to wages paid after December 31, 1972, the rate shall be 5.0 percent.” (b) (1) Section 1401(b) of such Code (relating to rate of tax on self-employment income for purposes of hospital insurance) is amended by striking out paragraphs (1) through (6) and inserting in lieu thereof the following: “(1) in the case of any taxable year beginning after December 31, 1967, and before January 1, 1973, the tax shall be equal to 0.60 percent of the amount of the self-employment income for such taxable year; “(2) in the case of any taxable year beginning after December 31, 1972, and before January 1, 1976, the tax shall be equal to 0.65 percent of the amount of the self-employment income for such taxable year; . “(3) in the case of any taxable year beginning after December 31, 1975, and before January 1, 1980, the tax shall be equal to 0.70 percent of the amount of the self-employment income for such taxable year; “(4) in the case of any taxable year beginning after December 31, 1979, and before January 1, 1987, the tax shall be equal to 0.80 percent of the amount of the self-employment income for such taxable year; and “(5) in the case of any taxable year beginning after December 31, 1986, the tax shall be equal to 0.90 percent of the amount of the self-employment income for such taxable year.” (2) Section 3101(b) of such Code (relating to rate of tax on employees for purposes of hospital insurance) is amended by striking out paragraphs (1) through (6) and inserting in lieu thereof the following: “(1) with respect to wages received during the calendar years 1968, 1969, 1970, 1971, and 1972, the rate shall be 0.60 percent; “(2) with respect to wages received during the calendar years 1973, 1974, and 1975, the rate shall be 0.65 percent; “(3) with respect to wages received during the calendar years 1976, 1977, 1978, and 1979, the rate shall be 0.70 percent; “(4) with respect to wages received during the calendar years 1980, 1981, 1982, 1983, 1984, 1985, and 1986, the rate shall be 0.80 percent; and “(5) with respect to wages received after December 31, 1986, the rate shall be 0.90 percent.” (3) Section 3111(b) of such Code (relating to rate of tax on employers for purposes of hospital insurance) is amended by striking 79 Stat. 396. out paragraphs (1) through (6) and inserting in lieu thereof the following: “(1) with respect to wages paid during the calendar years 1968, 1969, 1970, 1971, and 1972, the rate shall be 0.60 percent; “(2) with respect to wages paid during the calendar years 1973, 1974, and 1975, the rate shall be 0.65 percent; “(3) with respect to wages paid during the calendar years 1976, 1977, 1978, and 1979, the rate shall be 0.70 percent; “(4) with respect to wages paid during the calendar years 1980, 1981, 1982, 1983, 1984, 1985, and 1986, the rate shall be 0.80 percent; and “(5) with respect to wages paid after December 31, 1986, the rate shall be 0.90 percent.” (c) The amendments made by subsections (a)(1) and (b)(1) shall apply only with respect to taxable years beginning after December 31, 1967. The remaining amendments made by this section shall apply only with respect to remuneration paid after December 31, 1967. Sec. 110. allocation to disability insurance trust fund (a) Section 201(b)(1) of the Social Security Act is 70 Stat. 819; 79 Stat. 370. 42 USC 401. amended— (1) by inserting “(A)”after “(1)”; (2) by striking out “1954, and” and inserting in lieu thereof “1954, (B)”; (3) by inserting “and before January 1, 1968,” after “December 31, 1965,”; and (4) by inserting after “so reported,” the following: “and (C) 0.95 of 1 per centum of the wages (as so defined) paid after December 31, 1967, and so reported,”. (b) Section 201 (b)(2) of such Act is amended— (1) by inserting“(A)” after “(2)”; (2) by striking out “1966, and” and inserting in lieu thereof “1966, (B)”;and (3) by inserting after “December 31, 1965,” the following: “and before January 1, 1968, and (C) 0.7125 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1967,”. Sec. 111. extension of time for filing application for disability freeze where failure to make timely application is due to incompetency (a) Section 216(i)(2) of the Social Security Act is 79 Stat. 367, 400. 42 USC 416. amended (1) by striking out “No” in subparagraph (E) and inserting in lieu thereof “Except as is otherwise provided in subparagraph (F), no”, (2) by redesignating subparagraph (F) as subparagraph (G), and (3) by adding after subparagraph (E) the following new subparagraph: “(F) An application for a disability determination which is filed more than 12 months after the month prescribed by subparagraph 79 Stat. 367. 42 USC 416. (D) as the month in which the period of disability ends (determined without regard to subparagraphs (B) and (E)) shall be accepted as an application for purposes of this paragraph if— “(i) in the case of an application filed by or on behalf of an individual with respect to a disability which ends after the month in which the Social Security Amendments of 1967 is enacted, such application is filed not more than 36 months after the month in which such disability ended, such individual is alive at the time the application is filed, and the Secretary finds in accordance with regulations prescribed by him that the failure of such individual to file an application for a disability determination within the time specified in subparagraph (E) was attributable to a physical or mental condition of such individual which rendered him incapable of executing such an application, and “(ii) in the case of an application filed by or on behalf of an individual with respect to a period of disability which ends in or before the month in which the Social Security Amendments of 1967 is enacted, “(I) such application is filed not more than 12 months after the month in which the Social Security Amendments of 1967 is enacted, “(II) a previous application for a disability determination has been filed by or on behalf of such individual (1) in or before the month in which the Social Security Amendments of 1967 is enacted, and (2) not more than 36 months after the month in which his disability ended, and “(III) the Secretary finds in accordance with regulations prescribed by him, that the failure of such individual to file an application within the then specified time period was attributable to a physical or mental condition of such individual which rendered him incapable of executing such an application. In making a determination under this subsection, with respect to the disability or period of disability of any individual whose application for a determination thereof is accepted solely by reason of the provisions of this subparagraph (F), the provisions of this subsection (other than the provisions of this subparagraph) shall be applied as such provisions are in effect at the time such determination is made.” (b) No monthly insurance benefits under title II of the Social Security Act shall be payable or increased for any month before the month in which this Act is enacted by reason of amendments made by subsection (a). Sec. 112. benefits for certain adopted children (a) Section 202(d)(8) of the Social Security Act (as redesignated by section 151(c) of this Act) is amended— (1) by striking out the period at the end of subparagraph (D), and inserting in lieu of such period “; or”, and (2) by adding after and below subparagraph (D) the following new subparagraph: “(E) was legally adopted by such individual— “(i) in an adoption which took place under the supervision of a public or private child-placement agency, “(ii) in an adoption decreed by a court of competent jurisdiction within the United States, “(iii) on a date immediately preceding which such individual had continuously resided for not less than one year within the United States; “(iv) at a time prior to the attainment of age 18 by such child.” (b) The amendments made by subsection (a) shall apply with respect to monthly benefits payable under title II of the Social Security Act for months after January 1968, but only on the basis of 42 USC 401–428; Ante, p. 833. applications filed after the date of enactment of this Act. Part 2— Coverage Under the Old-Age, Survivors, and Disability Insurance Program Sec. 115. coverage of ministers (a) The last sentence of section 211(c) of the Social Security Act is amended to read as follows: “The provisions of paragraph 79 Stat. 380. 42 USC 411. (4) or (5) shall not apply to service (other than service performed by it member of a religious order who has taken a vow of poverty as a member of such order) performed by an individual unless an exemption under section 1402(e) of the Internal Revenue Code of 1954 is Infra. effective with respect to him.” (b) (1) The last sentence of section 1402(c) of the Internal Revenue Code of 1954 (relating to definition of trade or business) is 79 Stat. 381. amended to read as follows: “The provisions of paragraph (4) or (5) shall not apply to service (other than service performed by a member of a religious order who has taken a vow of poverty as a member of such order) performed by an individual unless an exemption under subsection (e) is effective with respect to him.” (2) Section 1402(e) of such Code (relating to ministers, members of religious orders, and Christian Science practitioners) is amended to 68 Stat. 1088. read as follows: “(e) Ministers, Members of Religious Orders, and Christian Science Practitioners.— “(1) Exemption.— Any individual who is (A) a duly ordained, commissioned, or licensed minister of a church or a member of a religious order (other than a member of a religious order who has taken a vow of poverty as a member of such order) or (B) a Christian Science practitioner, upon filing an application (in such form and manner, and with such official, as may be prescribed by regulations made under this chapter) together with a statement 26 USC 1401–1403. that either he is conscientiously opposed to, or because of religious principles he is opposed to, the acceptance (with respect to services performed by him as such minister, member, or practitioner) of any public insurance which makes payments in the event of death, disability, old age, or retirement or makes payments toward the cost of, or provides services for, medical care (including the benefits of any insurance system established by the Social Security Act), shall receive an exemption from the tax imposed by 42 USC 1305. this chapter with respect to services performed by him as such minister, member, or practitioner. Notwithstanding the preceding sentence, an exemption may not be granted to an individual under this subsection if be had filed an effective waiver certificate under this section as it was in effect before its amendment in 1967. “(2) Time for filing application.— Any individual who desires to file an application pursuant to paragraph (1) must file such application on or before whichever of the following dates is later: (A) the due date of the return (including any extension thereof) for the second taxable year for which he has net earn-ings from self-employment (computed without regard to subsections (c)(4) and (c)(5)) of $400 or more, any part of which was derived from the performance of service described in subsection (c)(4) or (c)(5); or (B) the due date of the return (including any extension thereof) for his second taxable year ending after 1967. “(3) Effective date of exemption.— An exemption received by an individual pursuant to this subsection shall be effective for the first taxable year for which he has net earnings from self-employment (computed without regard to subsections (c)(4) and (c)(5)) of $400 or more, any part of which was derived from the performance of service described in subsection (c)(4) or (c)(5), and for all succeeding taxable years. An exemption received pursuant to this subsection shall be irrevocable.” (c) The amendments made by subsections (a) and (b) shall apply only with respect to taxable years ending after 1967. Sec. 116. coverage of state and local employees (a) Section 218(d)(6)(D) of the Social Security Act is amended by inserting “(i)” after “(D)”, and by adding at the end thereof the following: “(ii) Notwithstanding clause (i), the State may, pursuant to subsection (c)(4)(B) and subject to the conditions of continuation or termination of coverage provided for in subsection (c)(7), modify its agreement under this section to include services performed by all individuals described in clause (i) other than those individuals to whose services the agreement already applies. Such individuals shall be deemed (on and after the effective date of the modification) to be in positions covered by the separate retirement system consisting of the positions of members of the division or part who desire coverage under the insurance system established under this title.” (b) (1) (A) Section 218(c)(3) of such Act is amended by striking out subparagraph (A), and by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B). respectively. (B) Paragraphs (4) and (7) of section 218(c) of such Act, and paragraph (5)(B) of section 218(d) of such Act, are each amended by striking out “paragraph (3)(C)” wherever it appears and inserting in lieu thereof “paragraph (3)(B)”. (C) Paragraph (4)(C) of section 218(d) of such Act is amended by striking out “subsection (c)(3)(C)” and inserting in lieu thereof “subsection (c)(3)(B)”. (2) Section 218(c)(6) of such Act is amended— (A) by striking out “and” at the end of subparagraph (C); (B) by striking out the period at the end of subparagraph (D) and inserting in lieu thereof “, and”; and (C) by adding at the end thereof the following new subparagraph: “(E) service performed by an individual as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or other similar emergency.” (3) The amendments made by this subsection shall be effective with respect to services performed on or after January 1, 1968. (c) Section 218(c) of such Act is amended by adding at the end thereof the following new paragraph: “(8) Notwithstanding any other provision of this section, the agreement with any State entered into under this section may at the option of the State be modified on or after January 1, 1968, to exclude service performed by election officials or election workers if the remuneration paid in a calendar quarter for such service is less than $50. Any modification of an agreement pursuant to this paragraph shall be effective with respect to services performed after an effective date, specified in such modification, which shall not be earlier than the last day of the calendar quarter in which the modification is mailed or delivered by other means to the Secretary.” (d) The first sentence of section 218(d)(6)(F) of the Social Security Act is amended by striking out “1967” and inserting in lieu thereof 72 Stat. 1039; 79 Stat. 385. 42 USC 418. “1970”. Sec. 117. inclusion of illinois among states permitted to divide their retirement systems Section 218(d)(6)(C) of the Social Security Act is amended by inserting “Illinois,” after “Georgia,”. Sec. 118. taxation of certain earnings of retired partner (a) Section 1402(a) of the Internal Revenue Code of 1954 (relating to definition of net earnings from self-employment) is 68A Stat. 353; 68 Stat. 1087. amended— (1) by striking out “and” at the end of paragraph (8); (2) by striking out the period at the end of paragraph (9) and inserting in lieu thereof “; and”; and (3) by inserting after paragraph (9) the following new paragraph: “(10) there shall be excluded amounts received by a partner pursuant to a written plan of the partnership, which meets such requirements as are prescribed by the Secretary or his delegate, and which provides for payments on account of retirement, on a periodic basis, to partners generally or to a class or classes of partners, such payments to continue at least until such partner’s death, if— “(A) such partner rendered no services with respect to any trade or business carried on by such partnership (or its successors) during the taxable year of such partnership (or its successors), ending within or with his taxable year, m which such amounts were received, and “(B) no obligation exists (as of the close of the partnership’s taxable year referred to in subparagraph (A)) from the other partners to such partner except with respect to retirement payments under such plan, and “(C) such partner’s share, if any, of the capital of the partnership has been paid to him in full before the close of the partnership’s taxable year referred to in subparagraph (A).” (b) Section 211(a) of the Social Security Act is amended— 64 Stat. 502; 68 Stat. 1055. 42 USC 411. (1) by striking out “and” at the end of paragraph (7); (2) by striking out the period at the end of paragraph (8) and inserting in lieu thereof “; and”; and (3) by inserting after paragraph (8) the following new paragraph: “(9) There shall be excluded amounts received by a partner pursuant to a written plan of the partnership, which meets such requirements as are prescribed by the Secretary of the Treasury or his delegate, and which provides for payments on account of retirement, on a periodic basis, to partners generally or to a class or classes of partners, such payments to continue at least until such partner’s death, if— “(A) such partner rendered no services with respect to any trade or business carried on by such partnership (or its successors) during the taxable year of such partnership (or its successors), ending within or with his taxable year, in which such amounts were received, and “(B) no obligation exists (as of the close of the partnership’s taxable year referred to in subparagraph (A)) from the other partners to such partner except with respect to retirement payments under such plan, and “(C) such partner’s share, if any, of the capital of the partnership has been paid to him in full before the close of the partnership’s taxable year referred to in subparagraph (A).” (c) The amendments made by this section shall apply only with respect to taxable years ending on or after December 31, 1967. Sec. 119. inclusion of puerto rico among states permitted to include firemen and policemen; validation of certain past coverage in the state of nebraska (a) Section 218(p) of the Social Security Act is amended by inserting “Puerto Rico,” after “Oregon,”. (b) In any case in which— (1) an individual has performed services prior to the enactment of this Act in the employ of a political subdivision of the State of Nebraska in a fireman’s position, and (2) amounts, equivalent to the sum of the taxes which would have been imposed by sections 3101 and 3111 of the Internal 79 Stat. 395, 396. Revenue Code of 1954 had such services constituted employment for purposes of section 21 of such Code at the time they were performed, were timely paid in good faith to the Secretary of the Treasury, and (3) no refunds of such amounts paid in lieu of taxes have been obtained, the amount of the remuneration for such services with respect to which such amounts have been paid shall be deemed to constitute remuneration for employment as defined in section 209 of the Social 42 USC 409. Security Act. Sec. 120. coverage of firemen’s positions pursuant to a state agreement (a) Section 218(p) of the Social Security Act is amended by— (1) inserting “(1)” after “(p)”; and (2) adding the following paragraph: “(2) A State, not otherwise listed by name in paragraph (1), shall be deemed to be a State listed in such paragraph for the purpose of extending coverage under this title to service in firemen’s positions covered by a retirement system, if the governor of the State, or an official of the State designated by him for the purpose, certifies to the Secretary of Health, Education, and Welfare that the overall benefit protection of the employees in such positions would be improved by reason of the extension of such coverage to such employees. Notwithstanding the provisions of the second sentence of such paragraph (1), such firemen’s positions shall be deemed a separate retirement system and no other positions shall be included in such system.” (b) Nothing in the amendments made by subsection (a) shall authorize the extension of the insurance system established by title 42 USC 401–428; Ante, p. 833. II of the Social Security Act under the provisions of section 218(d)(6)(C) of such Act to service in any fireman’s position. (c) The amendment made by this section shall apply in the case of any State with respect to modifications of such State agreement under section 218 of the Social Security Act made after the date of enactment of this Act. Sec. 121. validation of coverage erroneously reported Section 218(f) of the Social Security Act is amended by 68 Stat. 1058; 72 Stat. 1040. 42 USC 418. adding at the end thereof the following new paragraph: “(3) Notwithstanding the provisions of paragraph (2) of this subsection, in the case of services performed by individuals as members of any coverage group to which an agreement under this section is made applicable, and with respect to which there were timely paid in good faith to the Secretary of the Treasury amounts equivalent to the sum of the taxes which would have been imposed by sections 3101 and 3111 of the Internal Revenue Code of 1954 had such services 79 Stat. 395, 396. constituted employment for purposes of chapter 21 of such Code at the time they were performed, and with respect to which refunds were not obtained, such individuals may, if so requested by the State, be deemed to be members of such coverage group on the date designated pursuant to paragraph (2).” Sec. 122. coverage of fees of state and local government employees as self-employment income (a) (1) Section 211(c)(1) of the Social Security Act is 64 Stat. 503. 42 USC 411. amended to read as follows: “(1) The performance of the functions of a public office, other than the functions of a public office of a State or a political subdivision thereof with respect to fees received in any period in which the functions are performed in a position compensated solely on a fee basis and in which such functions are not covered under an agreement entered into by such State and the Secretary pursuant to section 218;”. (2) Section 211(c)(2) of such Act is amended (A) by striking out 74 Stat. 945. “and” at the end of subparagraph (C); (B) by striking out the semi-colon at the end of subparagraph (D) and inserting in lieu thereof “, and”; and (C) by adding after such subparagraph the following new subparagraph: “(E) service performed by an individual as an employee of a State or a political subdivision thereof in a position compensated solely on a fee basis with respect to fees received in any period in which such service is not covered under an agreement entered into by such State and the Secretary pursuant to section 218;”. (b) (1) Section 1402(c)(1) of the Internal Revenue Code of 1954 68A Stat. 355. is amended to read as follows: “(1) the performance of the functions of a public office, other than the functions of a public office of a State or a political subdivision thereof with respect to fees received in any period in which the functions are performed in a position compensated solely on a fee basis and in which such functions are not covered under an agreement entered into by such State and the Secretary of Health, Education, and Welfare pursuant to section 218 of the Social Security Act;”. (2) Section 1402(c)(2) of such Code is amended (A) by striking 74 Stat. 945. out “and” at the end of subparagraph (C); (B) by striking out the semicolon at the end of subparagraph (D) and inserting in lieu thereof “, and”; and (C) by adding after such subparagraph the following new subparagraph: “(E) service performed by an individual as an employee of a State or a political subdivision thereof in a position compensated solely on a fee basis with respect to fees received in any period in which such service is not covered under an agreement entered into by such State and the Secretary of Health, Education, and Welfare pursuant to section 218 of the Social Security Act;” (c) (1) The amendments made by subsections (a) and (b) of this section shall apply with respect to fees received after 1967. (2) Notwithstanding the provisions of subsections (a) and (b) of this section, any individual who in 1968 is in a position to which the amendments made by such subsections apply may make an irrevocable election not to have such amendments apply to the fees he receives in 1968 and every year thereafter, if on or before the due date of his income tax return for 1968 (including any extensions thereof) he files with the Secretary of the Treasury or his delegate, in such manner as the Secretary of the Treasury or his delegate shall by regulations prescribe, a certificate of election of exemption from such amendments. (d) Section 218 of the Social Security Act is further amended by adding the following new subsection: “(u) “Positions Compensated Solely on a Fee Basis (1) Notwithstanding any other provision in this section, an agreement entered into under this section may be made applicable to service performed after 1967 in any class or classes of positions compensated solely on a fee basis to which such agreement did not apply prior to 1968 only if the State specifically requests that its agreement made applicable to such service in such class or classes of positions. “(2) Notwithstanding any other provision in this section, an agreement entered into under this section may be modified, at the option of the State, at any time after 1967, so as to exclude services performed in any class or classes of positions compensation for which is solely on a fee basis. “(3) Any modification made under this subsection shall be effective with respect to services performed after the last day of the calendar year in which the modification is agreed to by the Secretary and the State. “(4) If any class or classes of positions have been excluded from coverage under the State agreement by a modification agreed to under this subsection, the Secretary and the State may not thereafter modify such agreement so as to again make the agreement applicable with respect to such class or classes of positions.” Sec. 123. family employment in a private home (a) Section 210(a)(3)(B) of the Social Security Act is amended by inserting after the semicolon the following: “except that the provisions of this subparagraph shall not be applicable to such domestic service if— “(i) the employer is a surviving spouse or a divorced individual and has not remarried, or has a spouse living in the home who has a mental or physical condition which results in such spouse’s being incapable of caring for a son, daughter, stepson, or stepdaughter (referred to in clause (ii)) for at least 4 continuous weeks in the calendar quarter in which the service is rendered, and “(ii) a son, daughter, stepson, or stepdaughter of such employer is living in the home, and “(iii) the son, daughter stepson, or stepdaughter (referred to in clause (ii)) has not attained age 18 or has a mental or physical condition which requires the personal care and supervision of an adult for at least 4 continuous weeks in the calendar quarter in which the service is rendered;” (b) Section 3121(b)(3)(B) of the Internal Revenue Code of 1954 (relating to definition of employment) is amended by inserting after 74 Stat. 942. the semicolon the following: “except that the provisions of this subparagraph shall not be applicable to such domestic service if— “(i) the employer is a surviving spouse or a divorced individual and has not remarried, or has a spouse living in the home who has a mental or physical condition which results in such spouse’s being incapable of caring for a son, daughter, stepson, or stepdaughter (referred to in clause (ii)) for at least 4 continuous weeks in the calendar quarter in which the service is rendered, and “(ii) a son, daughter, stepson, or stepdaughter of such employer is living in the home, and “(iii) the son, daughter, stepson, or stepdaughter (referred to in clause (ii)) has not attained age 18 or has a mental or physical condition which requires the personal care and supervision of an adult for at least 4 continuous weeks in the calendar quarter in which the service is rendered;” (c) The amendments made by this section shall apply with respect to services performed after December 31, 1967. Sec 124. termination of coverage of employees of the massachusetts turnpike authority (a) Notwithstanding the provisions of section 218(g)(1) of the Social Security Act the Secretary may, under such conditions as 64 Stat. 516. 42 USC 418. he deems appropriate, permit the State of Massachusetts to modify its agreement entered into under section 218 of such Act so as to terminate the coverage of the employees of the Massachusetts Turnpike Authority effective at the end of any calendar quarter within the two years next following the date on which such agreement is so modified. (b) If the coverage of employees of the Massachusetts Turnpike Authority is terminated pursuant to subsection (a), coverage cannot later be extended to the employees of such Authority. Part 3— Health Insurance Benefits Sec. 125. method of payment to physicians under supplementary medical insurance program (a) Section 1842(b)(3)(B) of the Social Security Act is 79 Stat. 310. 42 USC 1395u. amended— (1) by striking out “(i)”; and (2) by striking out “and (ii)” and all that follows and inserting in lieu thereof the following: “and such payment will be made— “(i) on the basis of an itemized bill; or “(ii) on the basis of an assignment under the terms of which the reasonable charge is the full charge for the service; but (in the case of bills submitted, or requests for payment made, after March 1968) only if the bill is submitted, or a written request for payment is made in such other form as may be permitted under regulations, no later than the close of the calendar year following the year in which such service is furnished (deeming any service furnished in the last 3 months of any calendar year to have been furnished in the succeeding calendar year) (b) The amendments made by subsection (a) shall apply with respect to claims on which a final determination has not been made on or before the date of enactment of this Act. Sec. 126. elimination of requirement of physician certification in case of certain hospital services (a) Section 1814(a) of the Social Security Act (as amended by section 129(c)(5) of this Act) is amended— (1) by striking out subparagraph (A) of paragraph (2); (2) by redesignating subparagraphs (B), (C), (D), and (E) of paragraph (2) as subparagraphs (A), (B), (C), and (D), respectively; (3) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6), and (7), respectively; (4) by inserting immediately after paragraph (2) the following new paragraph: “(3) with respect to inpatient hospital services (other than inpatient psychiatric hospital services and inpatient tuberculosis hospital services) which are furnished over a period of time, a physician certifies that such services are required to be given on an inpatient basis for such individual’s medical treatment, or that inpatient diagnostic study is medically required and such services are necessary for such purpose, except that (A) such certification shall be furnished only in such cases, with such frequency, and accompanied by such supporting material, appropriate to the cases involved, as may be provided by regulations, and (B) the first such certification required in accordance with clause (A) shall be furnished no later than the 20th day of such period;”; and (5) by striking out “(D), or (E)” in the last sentence and inserting in lieu thereof “or (D)”. (b) Section 1835(a)(2)(B) of such Act is amended by inserting after “medical and other health services,” the following: “except services Post, p. 847. described in subparagraphs (B) and (C) of section 1861(s)(2),”. (c) The amendments made by this section shall apply with respect to services furnished after the date of the enactment or this Act. Sec. 127. inclusion of podiatrists’ services under supplementary medical insurance program (a) Section 1861 (r) of the Social Security Act is amended— (1) by striking out “or (2)” and inserting in lieu thereof “(2)”; and (2) by inserting before the period at the end thereof the following: “, or (3) except for the purposes of section 1814(a), section 1835, and subsections (j), (k), (m), and (o) of this section, a doctor of podiatry or surgical chiropody, but (unless clause (1) of this subsection also applies to him) only with respect to functions which he is legally authorized to perform as such by the State in which he performs them”. (b) Section 1862(a) of such Act is amended— (1) by striking out “or” at the end of paragraph (11); (2) by striking out the period at the end of paragraph (12) and inserting in lieu thereof “; or”; and (3) by adding after paragraph (12) the following new paragraph: “(13) where such expenses are for— “(A) the treatment of flat foot conditions and the prescription of supportive devices therefor, “(B) the treatment of subluxations of the foot, or “(C) routine foot care (including the cutting or removal of corns, warts, or calluses, the trimming of nails, and other routine hygienic care).” (c) The amendments made by subsections (a) and (b) shall apply with respect to services furnished after December 31, 1967. Sec. 128. exclusion of certain services Section 1862(a)(7) of the Social Security Act is amended 79 Stat. 325. 42 USC 1395y. by inserting after “changing eyeglasses,” the following: “procedures performed (during the course of any eye examination) to determine the refractive state of the eyes,”. Sec. 129. transfer of all outpatient hospital services to supplementary medical insurance program (a) Section 1861 (s)(2) of the Social Security Act is 42 USC 1395x. amended— (1) by inserting “(A)” after “(2)”: (2) by striking out “physicians’ bills” and all that follows and inserting in lieu thereof the following: “physicians’ bills; “(B) hospital services (including drugs and biologicals which cannot, as determined in accordance with regulations, be self-administered) incident to physicians’ services rendered to out-patients; and “(C) diagnostic services which are— “(i) furnished to an individual as an outpatient by a hospital or by others under arrangements with them made by a hospital, and “(ii) ordinarily furnished by such hospital (or by others under such arrangements) to its outpatients for the purpose of diagnostic study;”. (b) Section 1861 (s) of such Act is further amended by adding at the end thereof (after and below paragraph (11)) the following new sentence: “There shall be excluded from the diagnostic services specified in paragraph (2)(C) any item or service (except services referred to in paragraph (1)) which— “(12) would not be included under subsection (b) if it were furnished to an inpatient of a hospital; or “(13) is furnished under arrangements referred to in such para graph (2)(C) unless furnished in the hospital or in other facilities operated by or under the supervision of the hospital or its organized medical staff.” (c) (1) Section 226(b)(1) of such Act is amended by striking out 79 Stat. 290. 42 USC 426. “post-hospital home health services, and outpatient hospital diagnostic services” and inserting in lieu thereof “and post-hospital home health services”. (2) Section 1812(a) of such Act is amended— 79 Stat. 291. 42 USC 1395d. (A) by adding “and” at the end of paragraph (2); (B) by striking out and” at the end of paragraph (3) and inserting in lieu thereof a period; and (C) by striking out paragraph (4). (3) Section 1813(a) of such Act is amended by striking out paragraph 42 USC 1395e. (2), and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (4) (A) Section 1813(b)(1) of such Act is amended by striking out “or diagnostic study”. (B) The first sentence of section 1813(b)(2) of such Act is amended by striking out “or diagnostic study”. (5) (A) Section 1814(a)(2) of such Act is amended— (i) by adding “or” at the end of subparagraph (D); (ii) by striking out “or” at the end of subparagraph (E); and (iii) by striking out subparagraph (F). (B) The last sentence of section 1814(a) of such Act is amended by striking out “(E), or (F)” and inserting in lieu thereof “or (E)”. (6) (A) Section 1814(d) of such Act is amended by striking out “or outpatient hospital diagnostic services”. (B) Section 1832(a)(2)(B) of such Act is amended by striking out “hospital” and inserting in lieu thereof “hospital and the services Infra. 42 USC 1395l. for which payment may be made pursuant to section 1835(b)(2)”. (7) Section 1833(b) of such Act is amended— (A) by striking out “(or regarded under clause (2) as incurred in such preceding year with respect to services furnished in such last three months)”; and (B) by striking out “, and (2)” and all that follows and inserting in lieu thereof a period. (8) Section 1833(d) of such Act is amended by striking out “other than subsection (a)(2)(A) thereof”. (9) (A) Section 1835(a) of such Act is amended by striking out “Payment” and inserting in lieu thereof “Except as provided in subsection (b), payment”. (B) Section 1835 of such Act is further amended by redesignating subsection (b) as subsection (c), and by inserting after subsection (a) the following new subsection: “(b) (1) Payment may also be made to any hospital for services described in section 1861 (s) furnished as an outpatient service by a hospital or by others under arrangements made by it to an individual entitled to benefits under this part even though such hospital does not have an agreement in effect under this title if (A) such services were emergency services, (B) the Secretary would be required to make such payment if the hospital had such an agreement in effect and otherwise met the conditions of payment hereunder, and (C) such hospital has made an election pursuant to section 1814(d)(1)(C) with respect to the calendar year in which such emergency services are provided. Such payments shall be made only in the amounts provided under section 1833(a)(2) and then only if Post, p. 857. such hospital agrees to comply, with respect to the emergency services provided, with the provisions of section 1866(a). “(2) Payment may also be made on the basis of an itemized bill to an individual for services described in paragraph (1) of this subsection if (A) payment cannot be made under such paragraph (1) solely because the hospital does not elect, in accordance with section 1814(d)(1)(C), to claim such payments and (B) such individual files application (submitted within such time, and in such form and manner, and containing and supported by such information as the Secretary shall by regulations prescribe) for reimbursement. The amounts payable under this paragraph shall, subject to the provisions of section 1833, be equal to 80 percent of the hospital’s reasonable charges for such services.” (C) Section 1861(e) of such Act is amended— (i) by striking out “except for purposes of section 1814(d),” and inserting in lieu thereof “except for purposes of sections 1814(d) and 1835(b),”; and (ii) by striking out “(including determination of whether an individual received inpatient hospital services for purposes of such section)” and inserting in lieu thereof “and 1835(b)(including determination of whether an individual received inpatient hospital services or diagnostic services for purposes of such sections)”. (10) Sect ion 1861 (p) of such Act is repealed. Repeal. 79 Stat. 321. 42 USC 1395x. (11) Section 1861(y)(3) of such Act is amended by striking out “1813(a)(4)”and inserting in lieu thereof “1813(a)(3)”. (12) (A) Section 1866(a)(2)(A) of such Act is amended— 42 USC 1395cc. (i) by striking out “, (a)(2), or (a)(4)” and inserting in lieu thereof “or (a)(3)”; and (ii) by striking out “or, in the case of outpatient hospital diagnostic services, for which payment is made under part A”. (B) Section 1866(a)(2)(C) of such Act is amended by striking out “1813(a)(3)” and inserting in lieu thereof “1813(a)(2)”. (13) Section 21(a) of the Railroad Retirement Act of 1937 is 79 Stat. 340. 45 USC 228s–2. amended by striking out “post-hospital home health services, and out-patient hospital diagnostic services” and inserting in lieu thereof “and post-hospital home health services”. (d) The amendments made by this section shall apply with respect to services furnished after March 31, 1968, except that subsection (c)(5) of such section shall become effective with respect to services furnished after the date of enactment of this Act. Sec. 130. billing by hospital for services furnished to outpatients (a) Section 1835(a) of the Social Security Act (as amended by section 129(c)(9)(A) of this Act) is further amended by Ante, p. 848. striking out “Except as provided in subsection (b),” and inserting in lieu thereof “Except as provided in subsections (b) and (c),”. (b) Section 1835 of such Act (as amended by section 129(c)(9)(B) of this Act) is amended by redesignating subsection (c)(as redesignated) as subsection (d), and by inserting after subsection (b) the following new subsection: “(c) Notwithstanding the provisions of this section and sections 1832, 1833, and 1866(a)(1)(A), a hospital may, subject to such limitations 42 USC 1395k, 1395l, 1395cc. 42 USC 1395x. Ante, p. 847. as may be prescribed by regulations, collect from an individual the customary charges for services specified in section 1861 (s) and furnished to him by such hospital as an outpatient, but only if such charges for such services do not exceed $50, and such customary charges shall be regarded as expenses incurred by such individual with respect to which benefits are payable in accordance with section 1833 (a)(1). Payments under this title to hospitals which have elected to Infra. make collections from individuals in accordance with the preceding sentence shall be adjusted periodically to place the hospital in the same position it would have been had it instead been reimbursed in accordance with section 1833(a)(2).” (c) The amendments made by this section shall apply with respect to services furnished after March 31, 1968. Sec. 131. payment of reasonable charges for radiological or pathological services furnished by certain physicians to hospital inpatients (a) Section 1833(a)(1) of the Social Security Act is 79 Stat. 302. 42 USC 1395l. amended— (1) by striking out “except that” and inserting in lieu thereof “except that (A)”, and (2) by striking out “of subsection (b)” and inserting in lieu thereof “of subsection (b), and (B) with respect to expenses incurred for radiological or pathological services for which payment may be made under this part, furnished to an inpatient of a hospital by a physician in the field of radiology or pathology, the amounts paid shall be equal to 100 percent of the reasonable charges for such services”. (b) Section 1833(b) of such Act (as amended by section 129(c)(7) of this Act) is amended by inserting before the period at the end thereof the following: “, and (2) such total amount shall not include expenses incurred for radiological or pathological services furnished to such individual as an inpatient of a hospital by a physician in the field of radiology or pathology”. (c) The amendments made by this section shall apply with respect to services furnished after March 31, 1968. Sec. 132. payment for purchase of durable medical equipment (a) Section 1861(s)(6) of the Social Security Act is amended by striking out “rental or”, and by inserting before the semi-colon at the end thereof the following: “, whether furnished on a rental basis or purchased”. (b) Section 1833 of such Act is amended by adding at the end thereof the following new subsection: “(f) In the case of the purchase of durable medical equipment included under section 1861 (s)(6), by or on behalf of an individual, payment shall be made in such amounts as the Secretary determines to be equivalent to payments that would have been made under this part had such equipment been rented and over such period of time as the Secretary finds such equipment would be used for such individual’s medical treatment, except that with respect to purchases of inexpensive equipment (as determined by the Secretary) payment may be made in a lump sum if the Secretary finds that such method of payment is less costly or more practical than periodic payments.” (c) The amendments made by this section shall apply only with respect to items purchased after December 31, 1967. Sec. 133. payment for physical therapy services furnished to outpatients (a) Section 1861 (s)(2) of the Social Security Act (as amended by section 129(a)(2) of this Act) is amended by— (1) striking out “and” at the end of subparagraph (B); (2) inserting “and” at the end of subparagraph (C); and (3) adding at the end thereof the following: “(D) outpatient physical therapy services;” (b) Section 1861 of such Act is amended by inserting after subsection (o) the following new subsection (in lieu of subsection (p) repealed Ante, p. 849. by section 129(c)(10) of this Act): “(p) “Outpatient Physical Therapy Services The term ‘outpatient physical therapy services’ means physical therapy services furnished by a provider or services, a clinic, rehabilitation agency, or a public health agency, or by others under an arrangement with, and under the supervision of, such provider, clinic, rehabilitation agency, or public health agency to an individual as an outpatient— “(1) who is under the care of a physician (as defined in section 1861(r)(1)),and “(2) with respect to whom a plan prescribing the type, amount, and duration of physical therapy services that are to be fur-nished such individual has been established, and is periodically reviewed, by a physician (as so defined); excluding, however— “(3) any item or service if it would not be included under subsection (b) if furnished to an inpatient of a hospital; and “(4) any such service— “(A) if furnished by a clinic or rehabilitation agency, or by others under arrangements with such clinic or agency, unless such clinic or rehabilitation agency— “(i) provides an adequate program of physical therapy services for outpatients and has the facilities and personnel required for such program or required for the supervision of such a program, in accordance with such requirements as the Secretary may specify, “(ii) has policies, established by a group of professional personnel, including one or more physicians (associated with the clinic or rehabilitation agency) and one or more, qualified physical therapists, to govern the services (referred to in clause (i)) it provides, “(iii) maintains clinical records on all patients, “(iv) if such clinic or agency is situated in a State in which State or applicable local law provides for the licensing of institutions of this nature, (I) is licensed pursuant to such law, or (II) is approved by the agency of such State or locality responsible for licensing institutions of this nature, as meeting the standards established for such licensing; and “(v) meets such other conditions relating to the health and safety of individuals who are furnished services by such clinic or agency on an outpatient basis, as the Secretary may find necessary, or “(B) if furnished by a public health agency, unless such agency meets such other conditions relating to health and safety of individuals who are furnished services by such agency on an outpatient basis, as the Secretary may find necessary.” (c) Section 1866 of such Act is amended by adding at the end thereof 79 Stat. 327. 42 USC 1395cc. “Provider of services.” the following new subsection: “(e) For purposes of this section, the term ‘provider of services’ shall include a clinic, rehabilitation agency, or public health agency if, in the case of a clinic or rehabilitation agency, such clinic or agency meets the requirements of section 1861 (p)(4)(A), or if, in the case of Supra. a public health agency, such agency meets the requirements of section 1861(p)(4)(B), but only with respect to the furnishing of outpatient physical therapy services (as therein defined).” (d) Section 1832(a) of such Act is amended by— 79 Stat. 302. 42 USC 1395k. (1) deleting “and” at the end of paragraph (2)(A) thereof; (2) striking out the period at the end and inserting in lieu thereof the following: “; and”; and (3) adding at the end thereof the following new subparagraph: “(C) outpatient physical therapy services.” (e) Section 1835(a)(2) of such Act (as amended by section 126(b) of this Act) is amended by— Ante, p. 846. (1) striking out “and” at the end of subparagraph (A); (2) striking out the period at the end and inserting in lieu thereof the following: “; and”; (3) adding at the end thereof the following new subparagraph: “(C) in the case of outpatient physical therapy services, (i) such services are or were required because the individual needed physical therapy services on an outpatient basis, (ii) a plan for furnishing such services has been established, and is periodically reviewed, by a physician, and (iii) such services are or were furnished while the individual is or was under the care of a physician.”; (4) striking out “(B) and (C) of section 1861(s)(2)” and inserting in lieu thereof “(B), (C), and (D) of section 1861(s)(2)”; and (5) adding at the end thereof the following new sentence: “For purposes of this section, the term ‘provider of services’ shall include a clinic, rehabilitation agency, or public health agency if, in the case of a clinic or rehabilitation agency, such clinic or Ante, p. 851. agency meets the requirements of section 1861 (p)(4)(A), or if, in the case of a public health agency, such agency meets the requirements of section 1861(p)(4)(B), but only with respect to the furnishing of outpatient physical therapy services (as therein defined).” (f) The first sentence of section 1864(a) of such Act is amended by inserting before the period the following: “, or whether a clinic, rehabilitation agency or public health agency meets the requirements of subparagraph (A) or (B), as the case may be, of section 1861(p)(4)”. (g) The amendments made by the preceding subsections of this section shall apply to services furnished after June 30, 1968. Sec. 134. payment for certain portable x-ray services (a) Section 1861 (s)(3) of the Social Security Act is amended by striking out “diagnostic X-ray tests,” and inserting in lieu thereof the following: “diagnostic X-ray tests (including tests under the supervision of a physician, furnished in a place of residence used as the patient’s home, if the performance of such tests meets such conditions relating to health and safety as the Secretary may find necessary),”. (b) The amendment made by subsection (a) shall apply with respect to services furnished after December 31, 1967. Sec. 135. blood deductibles (a) (1) Section 1813(a)(2) of the Social Security Act (as redesignated by section 129(c)(3) of this Act) is amended to read as follows: “(2) The amount payable to any provider of services under this part for services furnished an individual during any spell of illness shall be further reduced by a deduction equal to the cost of the first three pints of whole blood (or equivalent quantities of packed red blood cells, as defined under regulations) furnished to him as part of such services during such spell of illness.” (b) Section 1866(a)(2)(C) of such Act (as amended by section 129(c)(12)(B) of this Act) is amended— (1) by striking out “may also charge” and inserting in lieu thereof “may in accordance with its customary practice also appropriately charge”; (2) by inserting after “whole blood” the following: “(or equivalent quantities of packed red blood cells, as defined under regulations)”; (3) by inserting after “blood” where it appears in clauses (i), (ii), and (iii) the following: “(or equivalent quantities of packed red blood cells, as so defined)”; and (4) by adding at the end thereof the following new sentence: “For purposes of clause (iii) of the preceding sentence, whole blood (or equivalent quantities of packed red blood cells, as so defined) furnished an individual shall be deemed replaced when the provider of services is given one pint of blood for each pint of blood (or equivalent quantities of packed red blood cells, as so defined) furnished such individual with respect to which a deduction is imposed under section 1813(a)(2).” Ante, p. 852. (c) Section 1833(b) of such Act (as amended by sections 129(c)(7) Ante, pp. 848. 850. and 131 (b) of this Act) is amended by adding at the end thereof the following new sentence: “The total amount of the expenses incurred by an individual as determined under the preceding sentence shall, after the reduction specified in such sentence, be further reduced by an amount equal to the expenses incurred for the first three pints of whole blood (or equivalent quantities of packed red blood cells, as defined under regulations) furnished to the individual during the calendar year, except that such deductible for such blood shall in accordance with regulations be appropriately reduced to the extent that there has been a replacement of such blood (or equivalent quantities of packed red blood cells, as so defined); and for such purposes blood (or equivalent quantities of packed red blood cells, as so defined) furnished such individual shall be deemed replaced when the institution or other person furnishing such blood (or such equivalent quantities of packed red blood cells, as so defined) is given one pint of blood for each pint of blood (or equivalent quantities of packed red blood cells, as so defined) furnished such individual with respect to which a deduction is made under this sentence.” (d) The amendments made by this section shall apply with respect to payment for blood (or packed red blood cells) furnished an individual after December 31, 1967. Sec. 136. enrollment under supplementary medical insurance program based on alleged date of attaining age 65 (a) Section 1837(d) of the Social Security Act is amended 79 Stat. 304; 80 Stat. 105. 42 USC 1395p. by adding at the end thereof the following new sentence: “Where the Secretary finds that an individual who has attained age 65 failed to enroll under this part during his initial enrollment period (based on a determination by the Secretary of the month in which such individual attained age 65), because such individual (relying on documentary evidence) was mistaken as to his correct date of birth, the Secretary shall establish for such individual an initial enrollment period based on his attaining age 65 at the time shown in such documentary evidence (with a coverage period determined under section 1838 as though he had attained such age at that time).” (b) The amendment made by subsection (a) shall apply to individuals enrolling under part B of title XVIII in months beginning 42 USC 1395j 1395w. after the date of the enactment of this Act. Sec. 137. extension by 60 days during individual’s lifetime of maximum duration of benefits for inpatient hospital services (a) (1) Section 1812(a)(1) of the Social Security Act is 42 USC 1395d. amended by striking out “up to 90 days during any spell of illness” and inserting in lieu thereof “up to 150 days during any spell of illness minus 1 day for each day of inpatient hospital services in excess of 90 received during any preceding spell of illness (if such individual was entitled to have payment for such services made under this part unless he specifies in accordance with regulations of the Secretary that he does not desire to have such payment made)”. (2) Section 1812(b)(1) of such Act is amended by striking out “for 90 days during such spell” and inserting in lieu thereof “for 150 days during such spell minus 1 day for each day of inpatient hospital services in excess of 90 received during any preceding spell of illness (if such individual was entitled to have payment for such services made under this part unless he specifies in accordance with regulations of the Secretary that he does not desire to have such payment made)”. (b) The second sentence of section 1813(a)(1) of such Act is amended to read as follows: “Such amount shall be further reduced by a coinsurance amount equal to— “(A) one-fourth of the inpatient hospital deductible for each day (before the 91st day) on which such individual is furnished such services during such spell of illness after such services have been furnished to him for 60 days during such spell; and “(B) one-half of the inpatient hospital deductible for each day (before the day following the last day for which such individual is entitled under section 1812(a)(1) to have payment made on his behalf for inpatient hospital services during such spell of illness) on which such individual is furnished such services during such spell of illness after such services have been furnished to him for 90 days during such spell; except that the reduction under this sentence for any day shall not exceed the charges imposed for that day with respect to such individual for such services (and for this purpose, if the customary charges for such services are greater than the charges so imposed, such customary charges shall be considered to be the charges so imposed).” (c) The amendments made by subsections (a) and (b) shall apply with respect to services furnished after December 31, 1967. Sec. 138. limitation on special reduction in allowable days of inpatient hospital services (a) Section 1812(c) of the Social Security Act is amended by striking out “in the 90-day period immediately before such first day shall be included in determining the 90-day limit under subsection (b)(1)(but not in determining the 190-day limit under subsection (b)(3))” and inserting in lieu thereof “in the 150-day period immediately before such first day shall be included in determining the number Ante, p. 853. of days limit under subsection (b)(1) insofar as such limit applies to (1) inpatient psychiatric hospital services and inpatient tuberculosis hospital services, or (2) inpatient hospital services for an individual who is an inpatient primarily for the diagnosis or treatment of mental illness or tuberculosis (but shall not be included in determining such number of days limit insofar as it applies to other inpatient hospital services or in determining the 190-day limit under subsection (b)(3))” (b) The amendment made by subsection (a) shall apply with respect to payment for services furnished after December 31, 1967. Sec. 139. transitional provision on eligibility of presently uninsured individuals for hospital insurance benefits Section 103(a)(2) of the Social Security Amendments of 79 Stat. 333. 42 USC 426a. 1965 is amended by striking out “1965” in clause (B) and inserting in lieu thereof “1966”. Sec. 140. advisory council to study coverage of the disabled under title xviii of the social security act (a) The Secretary of Health, Education, and Welfare shall appoint an Advisory Council to study the need for coverage of the disabled under the health insurance program of title XVIII of the 79 Stat. 291. 42 USC 1395–1395ll. Social Security Act. (b) The Council shall be appointed by the Secretary during 1968 without regard to the provisions of title 5, United States Code, governing 80 Stat. 417. 5 USC 3301 et seq. appointments in the competitive service and shall consist of 12 persons who shall, to the extent possible, represent organizations of employers and employees in equal numbers, and represent self-employed persons and the public. (c) The Council is authorized to engage such technical assistance, including actuarial services, as may be required to carry out its functions, and the Secretary shall, in addition, make available to such Council such secretarial, clerical, and other assistance and such actuarial and other pertinent data prepared by the Department of Health, Education, and Welfare as it may require to carry out such functions. (d) Members of the Council, while serving on the business of the Compensation, travel expenses. Council (inclusive of travel time), shall receive compensation at rates fixed by the Secretary, but not exceeding $100 per day and, while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons 80 Stat. 499. in the Government employed intermittently. (e) The Council shall make findings on the unmet need of the disabled for health insurance, on the costs involved in providing the disabled with insurance protection to cover the cost of hospital and medical services, and on the ways of financing this insurance. The Council shall submit a report of its findings to the Secretary not later than January 1, 1969, together with recommendations on how such protection should be financed and, if such financing is to be accomplished through the trust funds established under title XVIII of the Social Security Act, on the extent to which each of such trust funds 79 Stat. 291. 42 USC 1395–1395ll. Report to Congress. 42 USC 1395i, 1395t. Expiration date. should bear the cost of such financing. Such report shall thereupon be transmitted to the Congress and to the Boards of Trustees created by sections 1817(b) and 1841(b) of the Social Security Act. After the date of transmittal to the Congress of the report, the Council shall cease to exist. Sec. 141. study to determine feasibility of inclusion of certain additional services under part b of title xviii of the social security act The Secretary shall make a study relating to the inclusion under the supplementary medical insurance program (part B of title XVIII of the Social Security Act) of services of additional types of 42 USC 1395j–1395w. Report to Congress. licensed practitioners performing health services in independent practice. The Secretary shall make a report to the Congress prior to January 1, 1969, of his finding with respect to the need for covering, under the supplementary medical insurance program, any of the various types of services such practitioners perform and the costs to such program of covering such additional services, and shall make recommendations as to the priority and method for covering these services and the measures that should be adopted to protect the health and safety of the individuals to whom such services would be furnished. Sec. 142. provisions for benefits under part a of title xviii of the social security act for services to patients admitted prior to 1968 to certain hospitals (a) Notwithstanding any provision of title XVIII of the Social Security Act, an individual who is entitled to hospital insurance benefits under section 226 of such Act may, subject to subsections (b) 79 Stat. 290. 42 USC 426. and (c), receive, on the basis of an itemized bill, reimbursement for charges to him for inpatient hospital services (as defined in section 79 Stat. 313. 42 USC 1395x. 1861 of such Act. but without regard to subsection (e) of such section) furnished by, or under arrangements (as defined in section 1861 (w) of such Act) with, a hospital if— (1) the hospital did not have an agreement in effect under section 1866 of such Act but would have been eligible for payment under part A of title XVIII of such Act with respect to such services if at the time such services were furnished the hospital had such an agreement in effect; (2) the hospital (A) meets the requirements of paragraphs (5) and (7) of section 1861(e) of such Act (B) is not primarily engaged in providing the services described in section 1861 (j)(1)(A) of such Act, and (C) is primarily engaged in providing, by or under the supervision of individuals referred to in paragraph (1) of section 1861(r) of such Act, to inpatients (i) diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons, or (ii) rehabilitation services for the rehabilitation of injured, disabled, or sick persons; (3) the hospital did not meet the requirements that must be met to permit payment to the hospital under part A of title XVIII of such Act; and (4) an application is filed (submitted in such form and manner and by such person, and containing and supported by such information, as the Secretary shall by regulations prescribe) for reimbursement before January 1, 1969. (b) Payments under this section may not be made for inpatient hospital services (as described in subsection (a)) furnished to an individual— (1) prior to July 1, 1966, (2) after December 31, 1967, unless furnished with respect to an admission to the hospital prior to January 1, 1968, and (3) for more than— (A) 90 days in any spell of illness but only if (i) prior to January 1, 1969, the hospital furnishing such services entered into an agreement under section 1866 of the Social Security Act and (ii) the hospital’s plan for utilization review, as provided for in section 1861 (k) of such Act, has, in accordance 42 USC 1395f. with section 1814 of such Act, been applied to the services furnished such individual, or (B) 20 days in any spell of illness, if the hospital did not meet the conditions of clauses (i) and (ii) of subparagraph (A). (c) (1) The amounts payable in accordance with subsection (a) with respect to inpatient hospital services shall, subject to paragraph (2) of this subsection, be paid from the Federal Hospital Insurance Trust Fund in amounts equal to 60 percent of the hospital’s reasonable charges for routine services furnished in the accommodations occupied by the individual or in semi-private accommodations (as defined in section 1861 (v)(4) of the Social Security Act) whichever is less, plus 80 percent of the hospital’s reasonable charges for ancillary services. If separate charges for routine and ancillary services are not made by the hospital, reimbursement may be based on two-thirds of the hospital’s reasonable charges for the services received but not to exceed the charges which would have been made if the patient had occupied “Routine services.” semi-private accommodations (as so defined). For purposes of the preceding provisions of this paragraph, the term “routine services” shall mean the regular room, dietary, and nursing services, minor medical and surgical supplies and the use of equipment and facilities for which a separate charge is not customarily made; the term “ancillary “Ancillary services.” services” shall mean those special services for which charges are customarily made in addition to routine services. (2) Before applying paragraph (1), payments made under this section shall be reduced to the extent provided for under section 1813 of the Social Security Act in the case of benefits payable to providers 79 Stat. 292. 42 USC 1395e. 42 USC 1395c–1395i. of services under part A of title XVIII of such Act. (d) For the purposes of this section— (1) the 90-day period, referred to in subsection (b)(3)(A), shall be reduced by the number of days of inpatient hospital services furnished to such individual during the spell of illness, referred to therein, and with respect to which he was entitled to have payment made under part A of title XVIII of the Social Security Act; (2) the 20-day period, referred to in subsection (b)(3)(B) shall be reduced by the number of days in excess of 70 days of inpatient hospital services furnished during the spell of illness, referred to therein, and with respect to which such individual was entitled to have payment made under such part A; (3) the term “spell of illness” shall have the meaning assigned “Spell of illness;” “Inpatient hospital services.” 42 USC 1395x. to it by subsection (a) of section 1861 of such Act except that the term “inpatient hospital services” as it appears in such subsection shall have the meaning assigned to it by subsection (a) of this section. Sec. 143. payments for emergency hospital services (a) The second sentence following paragraph (8) of section 1861(e) of the Social Security Act is amended by striking out “which meets the requirement of paragraphs (1), (2), (3), (4), (5) and (7) of this subsection” and inserting in lieu thereof “which (i) meets the requirements of paragraphs (5) and (7) of this subsection, (ii) is not primarily engaged in providing the services described in section 1861(j)(1)(A) and (iii) is primarily engaged in providing, by or under the supervision of individuals referred to in paragraph (1) of section 1861 (r), to inpatients diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons, or rehabilitation services for the rehabilitation of injured, disabled, or sick persons.” (b) That portion of section 1812(a) of such Act that precedes paragraph (1) thereof is amended by inserting “or, in the case of payments 42 USC 1395d. Post, p. 858. 79 Stat. 296. 42 USC 1395f. referred to in section 1814(d)(2) to him” after “on his behalf”. (c) Section 1814(d) of such Act is amended by— (1) striking out “Payments” and inserting in lieu thereof “(1) Payments”; (2) deleting “furnished” and inserting “furnished in a calendar year”; (3) deleting “and” at the end of clause (A) and inserting a comma in lieu thereof; (4) inserting before the period at the end of the first sentence the following: “, and (C) such hospital has elected to claim payments for all such inpatient emergency services and for the emergency outpatient services referred to in section 1835(b) furnished Ante, p. 848. during such year”: and (5) adding at the end of such section 1814(d) the following new paragraphs: “(2) Payment may be made on the basis of an itemized bill to an individual entitled to hospital insurance benefits under section 226 for services described in paragraph (1) which are emergency services if (A) payment cannot be made under paragraph (1) solely because the hospital does not elect to claim such payment, and (B) such individual files application (submitted within such time and in such form and manner and by such person, and containing and supported by such information as the Secretary shall by regulations prescribe) for reimbursement. “(3) The amounts payable under the preceding paragraph with respect to services described therein shall, subject to the provisions of 42 USC 1395e. section 1813, be equal to 60 percent of the hospital’s reasonable charges for routine services furnished in the accommodations occupied by the individual or in semiprivate accommodations (as defined in section 42 USC 1395x. 1861(v)(4)), whichever is less, plus 80 percent of the hospital’s reasonable charges for ancillary services. If separate charges for routine and ancillary services are not made by the hospital, reimbursement may be based on two-thirds of the hospital’s reasonable charges for the services received but not to exceed the charges which would have been “Routine services.” made if the patient had occupied semiprivate accommodations. For purposes of the preceding provisions of this paragraph, the term ‘routine services’ shall mean the regular room, dietary, and nursing services, minor medical and surgical supplies and the use of equipment and “Ancillary services.” facilities for which a separate charge is not customarily made; the term ‘ancillary services’ shall mean those special services for which charges are customarily made in addition to routine services.” (d) The provisions made by subsection (a) of this section shall become effective as of July 1, 1966, and the provisions made by subsections (b) and (c) of this section shall apply to services furnished with respect to admissions occurring after December 31, 1967, and to out-patient hospital diagnostic services furnished after December 31, 1967, and before April 1, 1968. Sec. 144. payment under supplementary medical insurance program for certain inpatient ancillary services (a) So much of section 1861 (s) of the Social Security Act which precedes paragraph (1) is amended by striking out “(unless they would otherwise constitute inpatient hospital services, extended care services, or home health services)”. (b) The sentence immediately following paragraph (9) of section 1861(s) of such Act is amended by inserting after “hospital” the following: “(which, for purposes of this sentence, means an institution considered a hospital for purposes of section 1814(d))”. (c) Section 1861 (s) of such Act is amended by adding at the end thereof (after and below paragraph (13) as added to such section by section 129(b) of this Act) the following new sentence: “None of the items and services referred to in the preceding paragraphs (other than Ante, p. 847. paragraphs (1) and (2)(A)) of this subsection which are furnished to a patient of an institution which meets the definition of a hospital 42 USC 1395f. for purposes of section 1814(d) shall be included unless such other conditions are met as the Secretary may find necessary relating to health and safety of individuals with respect to whom such items and services are furnished.” (d) Section 1861(s)(6) of such Act is amended by striking out “as his home” and inserting in lieu thereof “as his home other than an institution that meets the requirements of subsection (e)(1) or (j)(1) of this section”. (e) The amendments made by this section shall apply with respect to services furnished after March 31, 1968. Sec. 145. general enrollment period under title xviii (a) Section 1837(b)(1) of the Social Security Act is 79 Stat. 304. 42 USC 1395p. amended to read as follows: “(1) No individual may enroll for the first time under this part unless he does so in a general enrollment period (as provided in subsection (e)) which begins within 3 years after the close of the first enrollment period during which he could have enrolled under this part.” (b) Section 1837(e) of such Act is amended to read as follows: “(e) There shall be a general enrollment period, after the period described in subsection (c), during the period beginning on January 1 and ending on March 31 of each year beginning with 1969.” (c) Section 1838(b) of such Act is amended by— 42 USC 1395q. (1) striking out in paragraph (1) the following: “, during a general enrollment period described in section 1837(e),”; and (2) striking out “December 31 of the year” and inserting in lieu thereof “the calendar quarter following the calendar quarter”. (d) Section 1839(b)(2) of such Act is amended to read as follows: 42 USC 1395r. “(2) The Secretary shall, during December 1968 and of each year thereafter, determine and promulgate the dollar amount (whether or not such dollar amount was applicable for premiums for any prior month) which shall be applicable for premiums for months occurring in the 12-month period commencing July 1 in each succeeding year. Such dollar amount shall be such amount as the Secretary estimates to be necessary so that the aggregate premiums for such 12-month period will equal one-half of the total of the benefits and administrative costs which he estimates will be payable from the Federal Supplementary Medical Insurance Trust Fund for such 12-month period. In estimating aggregate benefits payable for any period, the Secretary shall include an appropriate amount for a contingency margin. Whenever the Secretary, pursuant to the preceding sentence, promulgates the dollar amount which shall be applicable for premiums for any period, he shall, at the time such promulgation is announced, issue a public statement setting forth the actuarial assumptions and bases employed by him in arriving at the amount of premiums so promulgated.” (e) The amendments made by subsections (a), (b), and (c) shall become effective April 1, 1968. Notwithstanding the provisions of section 2 of Public Law 90–97, the amendments made by subsection (d) Ante, p. 249. shall become effective December 1, 1968. Sec. 146. elimination of special reduction in allowable days of inpatient hospital services for patients in tuberculosis hospitals (a) Section 1812(c) of the Social Security Act (as amended by section 138 of this Act) is further amended— Ante, p. 854. (1) by striking out “a psychiatric hospital or a tuberculosis hospital” and inserting in lieu thereof “a psychiatric hospital”, (2) by striking out “and inpatient tuberculosis hospital services”. and (3) by striking out “or tuberculosis”. (b) The amendments made by subsection (a) shall apply with respect to payment for services furnished after December 31, 1967. Part 4— Miscellaneous and Technical Amendments Sec. 150. eligibility of adopted child for monthly benefits (a) The second sentence of section 216(e) of the Social 72 Stat. 1028. 42 USC 416. Security Act is amended by striking out “before the end of two years after the day on which such individual died or the date of enactment of this Act” and inserting in lieu thereof “only if (A) proceedings for the adoption of the child had been instituted by such individual before his death, or (B) such child was adopted by such individual’s surviving spouse before the end of two years after (i) the day on which such individual died or (ii) the date of enactment of the 42 USC 302 note. Social Security Amendments of 1958”. (b) The amendment made by subsection (a) shall apply with respect to monthly benefits payable under title II of the Social Security 42 USC 401–428; Ante, p. 833. Act for months after January 1968, but only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 151. criteria for determining child’s dependency on mother (a) Section 202(d)(3) of the Social Security Act is amended— (1) by inserting “or his mother or adopting mother” after “his father or adopting father” in the first sentence; and (2) by striking out “, if such individual is the child’s father,” in the second sentence. (b) Section 202(d)(4) of such Act is amended by inserting “or stepmother” after “stepfather” each place it appears. (c) Section 202(d) of such Act is further amended by striking out paragraph (5), and by redesignating paragraphs (6) through (10) as paragraphs (5) through (9), respectively. (d) (1) The paragraph of section 202(d) of such Act redesignated as paragraph (9) by subsection (c) of this section is amended by striking out “under paragraph (9)” and inserting in lieu thereof “under paragraph (8)”. (2) Paragraphs (2) and (3) of section 202(s) of such Act are each amended by striking out “(d)(6),” and inserting in lieu thereof “(d)(5),”. (3) Section (5)(1)(1) of the Railroad Retirement Act of 1937 is amended— (A) by striking out “(3), (4), or (5)” in the third sentence and inserting in lieu thereof “(3) or (4)”; and (B) by striking out “paragraph (8)” in the ninth sentence and inserting in lieu thereof “paragraph (7)”. (e) The amendments made by this section shall apply with respect to monthly benefits payable under title II of the Social Security Act 50 Stat. 307. 45 USC 228a–228s–2. (and annuities accruing under the Railroad Retirement Act of 1937) for months after January 1968, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 152. recovery of overpayments (a) Section 204(a) of the Social Security Act is amended to read as follows: “(a) Whenever the Secretary finds that more or less than the correct amount of payment has been made to any person under this title, proper adjustment or recovery shall be made, under regulations prescribed by the Secretary, as follows: “(1) With respect to payment to a person of more than the correct amount, the Secretary shall decrease any payment under this title to which such overpaid person is entitled, or shall require such overpaid person or his estate to refund the amount in excess of the correct amount, or shall decrease any payment under this title payable to his estate or to any other person on the basis of the wages and self-employment income which were the basis of the payments to such overpaid person, or shall apply any combination of the foregoing. “(2) With respect to payment to a person of less than the correct amount, the Secretary shall make payment of the balance of the amount due such underpaid person, or, if such person dies before payments are completed or before negotiating one or more checks representing correct payments, disposition of the amount due shall be made in accordance with subsection (d).” (b) Section 204(b) of such Act is amended to read as follows: 53 Stat. 1368. 42 USC 404. “(b) In any case in which more than the correct amount of payment has been made, there shall be no adjustment of payments to, or recovery by the United States from, any person who is without fault if such adjustment or recovery would defeat the purpose of this title or would be against equity and good conscience.” Sec. 153. benefits paid on basis of erroneous retorts of death in military service (a) Section 204(a)(1) of the Social Security Act (as amended by section 152 of this Act) is further amended by adding at Ante, p. 860. the end the following sentence: “A payment made under this title on the basis of an erroneous report of death by the Department of Defense of an individual in the line of duty while he is a member of the uniformed services (as defined in section 210(m)) on active duty (as defined in section 210(1)) shall not be considered an incorrect payment 42 USC 410. for any month prior to the month such Department notifies the Secretary that such individual is alive.” (b) The amendment made by this section shall apply with respect to benefits under title II of the Social Security Act if the individual 42 USC 401–428; Ante, p. 833. to whom such benefits were paid would have been entitled to such benefits in or after the month in which this Act was enacted if the report mentioned in the amendment made by subsection (a) of this section had been correct (but without regard to the provisions of section 202 (j)(1) of such Act). 42 USC 402. Sec. 154. underpayments (a) Section 204(d) of the Social Security Act is amended 79 Stat. 401. 42 USC 404. to read as follows: “(d) If an individual dies before any payment due him under this title is completed, payment of the amount due (including the amount of any unnegotiated checks) shall be made— “(1) to the person, if any, who is determined by the Secretary to be the surviving spouse of the deceased individual and who either (i) was living in the same household with the deceased at the time of his death or (ii) was, for the month in which the deceased individual died, entitled to a monthly benefit on the basis of the same wages and self-employment income as was the deceased individual; “(2) if there is no person who meets the requirements of paragraph (1), or if the person who meets such requirements dies before the payment due him under this title is completed, to the child or children, if any, of the deceased individual who were, for the month in which the deceased individual died, entitled to monthly benefits on the basis of the same wages and self-employment income as was the deceased individual (and, in case there is more than one such child, in equal parts to each such child); “(3) if there is no person who meets the requirements of paragraph (1) or (2), or if each person who meets such requirements dies before the payment due him under this title is completed, to the parent or parents, if any, of the deceased individual who were, for the month in which the deceased individual died, entitled to monthly benefits on the basis of the same wages and self-employment income as was the deceased individual (and, in case there is more than one such parent, in equal parts to each such parent); “(4) if there is no person who meets the requirements of paragraph (1), (2), or (3), or if each person who meets such requirements dies before the payment due him under this title is completed, to the person, if any, determined by the Secretary to be the surviving spouse of the deceased individual; “(5) if there is no person who meets the requirements of paragraph (1), (2), (3), or (4), or if each person who meets such requirements dies before the payment due him under this title is completed, to the person or persons, if any, determined by the Secretary to be the child or children of the deceased individual (and, in case there is more than one such child, in equal parts to each such child); “(6) if there is no person who meets the requirements of paragraph (1), (2), (3), (4), or (5), or if each person who meets such requirements dies before the payment due him under this title is completed, to the parent or parents, if any, of the deceased individual (and, in case there is more than one such parent, in equal parts to each such parent); or “(7) if there is no person who meets the requirements of paragraph (1), (2), (3), (4), (5), or (6), or if each person who meets such requirements dies before the payment due him under this title is completed, to the legal representative of the estate of the deceased individual, if any.” (b) The heading of section 1870 of such Act is amended by adding at the end thereof “AND SETTLEMENT OF CLAIMS FOR BENEFITS ON BEHALF OF DECEASED INDIVIDUALS”. (c) Section 1870 of such Act is amended by adding after subsection (d) the following new subsections: “(e) If an individual, who received services for which payment may be made to such individual under this title, dies, and payment for such services was made (other than under this title), and the individual died before any payment due him under this title with respect to such services was completed, payment of the amount due (including the amount of any unnegotiated checks) shall be made— “(1) if the payment for such services was made (before or after such individual’s death) by a person other than the deceased individual, to the person or persons determined by the Secretary under regulations to have paid for such services, or if the payment for such services was made by the deceased individual before his death, to the legal representative of the estate of such deceased individual, if any; “(2) if there is no person who meets the requirements of paragraph (1). to the person, if any, who is determined by the Secretary to be the surviving spouse of the deceased individual and who was either living in the same household with the deceased at the time of his death or was, for the month in which the deceased individual died, entitled to a monthly benefit on the basis of the same wages and self-employment income as was the deceased individual; “(3) if there is no person who meets the requirements of paragraph (1) or (2), or if the person who meets such requirements dies before the payment due him under this title is completed, to the child or children, if any, of the deceased individual who were, for the month in which the deceased individual died, entitled to monthly benefits on the basis of the same wages and self-employment income as was the deceased individual (and, in case there is more than one such child, in equal parts to each such child); “(4) if there is no person who meets the requirements of paragraph (1), (2), or (3), or if each person who meets such requirements dies before the payment due him under this title is completed, to the parent or parents, if any, of the deceased individual who were, for the month in which the deceased individual died, entitled to monthly benefits on the basis of the same wages and self-employment income as was the deceased individual (and, in case there is more than one such parent, in equal parts to each such parent); “(5) if there is no person who meets the requirements of paragraph (1), (2), (3), or (4), or if each person who meets such requirements dies before the payment due him under this title is completed, to the person, if any, determined by the Secretary to be the surviving spouse of the deceased individual; “(6) if there is no person who meets the requirements of paragraph (1), (2), (3), (4), or (5), or if each person who meets such requirements dies before the payment due him under this title is completed, to the person or persons, if any, determined by the Secretary to be the child or children of the deceased individual (and, in case there is more than one such child, in equal parts to each such child); “(7) if there is no person who meets the requirements of paragraph (1), (2), (3), (4), (5), or (6), or if each person who meets such requirements dies before the payment due him under this title is completed, to the parent or parents, if any, of the deceased individual (and, in case there is more than one such parent, in equal parts to each such parent); or “(8) if there is no person who meets the requirements of paragraph (1), (2), (3), (4), (5), (6), or (7), or if each person who meets such requirements dies before the payment due him under this title is completed, to the legal representatives of the estate of the deceased individual, if any. “(f) If an individual who received medical and other health services for which payment may be made under section 1832(a)(1) dies, 79 Stat. 302. 42 USC 1395k. and— “(1) no assignment of the right to payments was made by such individual before his death, and “(2) payment for such services has not been made, payment for such services shall be made to the physician or other person who provided such services, but payment shall be made under this subsection only in such amount and subject to such conditions as would have been applicable if the individual who received the services had not died, and only if the person or persons who provided the services agrees that the reasonable charge is the full charge for the services.” (d) Section 1842(b)(3)(B) of such Act (as amended by section 125(a) of this Act) is amended by striking out “and such payment will be made” and inserting in lieu thereof “and such payment Ante, p. 845. will (except as otherwise provided in section 1870(f)) be made”. Sec. 155. simplification of computation of primary insurance amount and quarters of coverage in case of 1937–1950 wages (a) (1) Section 215(d)(1) of the Social Security Act is amended to read as follows: “(d) “Primary Insurance Benefit Under 1939 Act (1) For purposes of column I of the table appearing in subsection (a) of this section, an individual’s primary insurance benefit shall be computed as follows: “(A) The individual’s average monthly wage shall be determined as provided in subsection (b)(but without regard to paragraph (4) thereof) of this section, except that for purposes of paragraph (2)(C) and (3) of such subsection, 1936 shall be used instead of 1950. “(B) For purposes of subparagraphs (B) and (C) of subsection (b)(2), an individual whose total wages prior to 1951 (as defined in subparagraph (C) of this subsection)— “(i) do not exceed $27,000 shall be deemed to have been paid such wages in equal parts in nine calendar years after 1936 and prior to 1951; “(ii) exceed $27,000 and are less than $42,000 shall be deemed to have been paid (I) $3,000 in each of such number of calendar years after 1936 and prior to 1951 as is equal to the integer derived by dividing such total wages by $3,000, and (II) the excess of such total wages over the product of $3,000 times such integer, in an additional calendar year in such period; or “(iii) are at least $42,000 shall be deemed to have been paid $3,000 in each of the fourteen calendar years 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 Secretary, (ii) wages deemed paid prior to 1951 to such individual under section 217, and (iii) compensation under 42 USC 417. 50 Stat. 307. 45 USC 228a–228s–2. the Railroad Retirement Act of 1937 prior to 1951 creditable to him pursuant to this title. “(D) The individual’s primary insurance benefit shall be 45.6 per centum of the first $50 of his average monthly wage as computed under this subsection, plus 11.4 per centum of the next $200 of such average monthly wage.” (2) Section 215(d)(2) of such Act is amended to read as follows: “(2) The provisions of this subsection shall be applicable only in the case of an individual— “(A) with respect to whom at least one of the quarters elapsing prior to 1951 is a quarter of coverage; “(B) except as provided in paragraph (3), 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 202(a) or 223 after the date of the enactment of the Social Security Amendments of 1967, or “(ii) who dies after such date without being entitled to benefits under section 202(a) or 223, or “(iii) whose primary insurance amount is required to be re-computed Post, p. 865 under section 215(f)(2).” (3) Section 215(d)(3) of such Act is amended to read as follows: 74 Stat. 962. 42 USC 415. “(3) The provisions of this subsection as in effect prior to the enactment of the Social Security Amendments of 1967 shall be applicable in the case of an individual— “(A) who attained age 21 after 1936 and prior to 1951, or “(B) 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 220.”. 42 USC 420. (4) So much of section 215(f)(2) of such Act as precedes subparagraph (E) is amended to read as follows: 79 Stat. 365. “(2) 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 benefits, the Secretary shall, at such time or times and within such period as he may by regulations prescribe, recompute such individual’s primary insurance amount with respect to each such year. Such recomputation shall be made as provided in subsection (a)(1) and (3) as though the year with respect to which such recomputation is made is the last year of the period specified in subsection (b)(2)(C). A recomputation under this paragraph with respect to any year shall be effective—” (5) Subparagraphs (E) and (F) of such section 215(f)(2) are redesignated as subparagraphs (A) and (B), respectively. (6) Section 215(f) of such Act is further amended by adding at the 64 Stat. 509; 79 Stat. 365. end thereof the following new paragraph: “(5) In the case of a man who became entitled to old-age insurance benefits and died before the month in which he attained age 65, the Secretary shall recompute his primary insurance amount as provided in subsection (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.” (7) (A) The amendments made by paragraphs (4) and (5) shall apply with respect to recomputations made under section 215(f)(2) of the Social Security Act after the date of the enactment of this Act. (B) The amendment made by paragraph (6) shall apply with respect to individuals who die after the date of enactment of this Act. (8) In any case in which— (A) any person became entitled to a monthly benefit under section 202 or 223 of the Social Security Act after the date of 42 USC 402, 423. enactment of this Act 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 as amended by this Act, Ante, p. 864. such primary insurance amount shall, for purposes of section 215(c) Ante, p. 827. f the Social Security Act. as amended by this Act, be deemed to have been computed on the basis of the Social Security Act in effect prior to the enactment of this Act. (9) The amendment made by paragraphs (1) and (2) shall not apply with respect to monthly benefits for any month prior to January 1967. (b) (1) Section 213 of the Social Security Act is amended by adding 64 Stat. 504. 42 USC 413. at the end thereof the following new subsection: “(c) “Alternative Method for Determining Quarters of Coverage With Respect to Wages in the Period from 1937 to 1950 For purposes of section 214(a), an individual shall be deemed to have one quarter of coverage for each $400 of his total wages prior Ante, p. 864. to 1951 (as defined in section 215(d)(1)(C)), except where— “(1) such individual is not a fully insured individual on the basis of the number of quarters of coverage so derived plus the number of quarters of coverage derived from the wages and self-employment income credited to him for periods after 1950, or “(2) such individual’s elapsed years (for purposes of section 214(a)(1)) are less than 7.” (2) The amendment made by paragraph (1) shall apply only in the case of an individual who applies for benefits under section 202(a) of the Social Security Act after the date of the enactment of this Act, or who dies after such date without being entitled to benefits under 42 USC 402, 423. 74 Stat. 964; 79 Stat. 366. 42 USC 415 note. section 202(a) or 223 of the Social Security Act. (c) Section 303(g)(1) of the Social Security Amendments of 1960 is amended— (1) by striking out “section 302 of” and by striking out “Amendments of 1965” and inserting in lieu thereof “Amendments of 1965 and 1967” in the first sentence; and (2) by striking out “after 1965, or dies after 1965” and inserting in lieu thereof “after the date of the enactment of the Social Security Amendments of 1967, or dies after such date”, and by striking out “Amendments of 1965” and inserting in lieu thereof “Amendments of 1967”, in the second sentence. Sec. 156. definitions of widow, widower, and stepchild (a) Section 216 (c) of the Social Security Act is amended by striking out “not less than one year” in clause (5) and inserting in lieu thereof “not less than nine months”. (b) The first sentence of section 216 (e) of such Act is amended by striking out “the day on which such individual died” and inserting in lieu thereof “not less than nine months immediately preceding the day on which such individual died”. (c) Section 216 (g) of such Act is amended by striking out “not less than one year” in clause (5) and inserting in lieu thereof “not less than nine months”. (d) Section 216 of such Act is further amended by adding at the end thereof the following new subsection: “(k) “Waiver of Nine-Month Requirement for Widow, Stepchild, or Widower in Case of Accidental Death or in Case of Serviceman Dying in Line of Duty The requirement in clause (5) of subsection (c) or clause (5) of subsection (g) that the surviving spouse of an individual have been married to such individual for a period of not less than nine months immediately prior to the day on which such individual died in order to qualify as such individual’s widow or widower, and the requirement in subsection (e) that the stepchild of a deceased individual have been such stepchild for not less than nine months immediately preceding the day on which such individual died in order to qualify as such individual’s child, shall be deemed to be satisfied, where such individual dies within the applicable nine-month period, if his death— “(1) is accidental, or “(2) occurs in line of duty while he is a member of a uniformed service serving on active duty (as defined in section 210(1)(2)), 42 USC 410. and he would satisfy such requirement if a three-month period were substituted for the nine-month period; except that this subsection shall not apply if the Secretary determines that at the time of the marriage involved the individual could not have reasonably been expected to live for nine months. For purposes of paragraph (1) of the preceding sentence, the death of an individual is accidental if he receives bodily injuries solely through violent, external, and accidental means and, as a direct result of the bodily injuries and independently of all other causes, loses his life not later than three months after the day on which he receives such bodily injuries.” (e) The amendments made by this section shall apply with respect to monthly benefits under title II of the Social Security Act for 42 USC 401–428; Ante, p. 833. months after January 1968, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 157. husband’s and widower’s insurance benefits without requirement of wife’s currently insured status (a) (1) Section 202(c)(1) of the Social Security Act 64 Stat. 483. 42 USC 402. is amended by striking out “a currently insured individual (as defined in section 214(b))” in the matter preceding subparagraph (A) and inserting in lieu thereof “an individual”. (2) Section 202(c)(2) of such Act is amended by striking out 72 Stat. 1026. “The requirement in paragraph (1) that the individual entitled to old-age or disability insurance benefits be a currently insured individual, and the provisions of subparagraph (C) of such paragraph,” and inserting in lieu thereof “The provisions of subparagraph (C) of paragraph (1)”. (b) (1) Section 202(f)(1) of such Act is amended— 64 Stat. 485. (A) by striking out “and currently” in the matter preceding subparagraph (A),and (B) by striking out “, and she was a currently insured individual,” in subparagraph (D)(ii). 72 Stat. 1023. (2) Section 202(f)(2) of such Act is amended by striking out “The requirement in paragraph (1) that the deceased fully insured individual also be a currently insured individual, and the provisions of subparagraph (D) of such paragraph,” and inserting in lieu thereof “The provisions of subparagraph (D) of paragraph (1)”. (c) In the case of any husband who would not be entitled to husband’s insurance benefits under section 202(c) of the Social Security Act or any widower who would not be entitled to widower’s insurance benefits under section 202(f) of such Act except for the enactment of this section, the requirement in section 202(c)(1)(C) or 202(f)(1)(D) of such Act relating to the time within which proof of support must be filed shall not apply if such proof of support is filed within two years after the month following the month in which this Act is enacted. (d) The amendments made by this section shall apply with respect to monthly benefits payable under title II of the Social Security Act for months after January 1968, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 158. definition of disability (a) Section 223(c) of the Social Security Act is 70 Stat. 815. 42 USC 423. amended— (1) by inserting “of Insured Status and Waiting Period” after “Definitions” in the heading; (2) by striking out paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (b) Section 223 of such Act is further amended by adding at the end thereof the following new subsection: “(d) “Definition of Disability (1) The term ‘disability’ means— “(A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has tasted or can be expected to last for a continuous period of not less than 12 months; or “(B) in the case of an individual who has attained the age of 55 and is blind (within the meaning of ‘blindness’ as defined 42 USC 416. in section 216(i)(1)), inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time. “(2) For purposes of paragraph (1)(A)— “(A) an individual (except a widow, surviving divorced wife, or widower for purposes of section 202 (e) or (f)) shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work. For purposes of the preceding sentence (with respect to any individual), ‘work which exists in the national economy’ means work which exists in significant numbers either in the region where such individual lives or in several regions of the country. “(B) A widow, surviving divorced wife, or widower shall not be determined to be under a disability (for purposes of section 202 (e) or (f)) unless his or her physical or mental impairment or impairments are of a level of severity which under regulations prescribed by the Secretary is deemed to be sufficient to preclude an individual from engaging in any gainful activity. “(3) For purposes of this subsection, a ‘physical or mental impairment’ is an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques. “(4) The Secretary shall by regulations prescribe the criteria for determining when services performed or earnings derived from services demonstrate an individual’s ability to engage in substantial gainful activity. Notwithstanding the provisions of paragraph (2), an individual whose services or earnings meet such criteria shall, except for purposes of section 222(c), be found not to be disabled. “(5) An individual shall not be considered to be under a disability unless he furnishes such medical and other evidence of the existence thereof as the Secretary may require.” (c) (1) Section 202(d)(1)(B) of such Act is amended by striking out “section 223(c)” and inserting in lieu thereof “section 223(d)”. (2) Paragraphs (1), (2), and (3) of section 202(s) of such Act are each amended by striking out “section 223(c)” and inserting in lieu thereof “section 223(d)”. (3) Section 221(a) of such Act is amended by striking out “or 70 Stat. 818. 42 USC 421. 223(c)” and inserting in lieu thereof “or 223(d)”. (4) Section 221(c) of such Act is amended by striking out “or 223(c)” and inserting in lieu thereof “or 223(d)”. (5) Section 222(c)(4)(B) of such Act is amended by striking out 74 Stat. 968. 42 USC 422. “section 223(c)(2)” and inserting in lieu thereof “section 223(d)”. (6) Section 223(a)(1)(D) of such Act is amended by striking out 70 Stat. 815. 42 USC 423. “subsection (c)(2)” and inserting in lieu thereof “subsection (d)”. (7) The first sentence of section 223(a)(1) of such Act is further amended by striking out “subsection (c)(3)” and inserting in lieu thereof “subsection (c)(2)”. (8) The last sentence of section 223(a)(1) is amended by striking 79 Stat. 413. 42 USC 423. out “subsection (c)(2) except for subparagraph (B) thereof” and inserting in lieu thereof “subsection (d) except for paragraph (1)(B) thereof”. (9) Section 225 of such Act is amended by striking out “section 70 Stat. 817. 42 USC 425. 223(c)(2)” and inserting in lieu thereof “section 223(d)”. (d) Section 216(i)(1) of such Act is amended by striking out the 68 Stat. 1080. 42 USC 416. third sentence and inserting in lieu thereof the following: “The provisions of paragraphs (2)(A), (3), (4), and (5) of section 223(d) shall Ante, p. 868. be applied for purposes of determining whether an individual is under a disability within the meaning of the first sentence of this paragraph in the same manner as they are applied for purposes of paragraph (1) of such section.” (e) The amendments made by this section shall be effective with respect to applications for disability insurance benefits under section 223 of the Social Security Act, and for disability determinations under section 216(i) of such Act, filed— (1) in or after the month in which this Act is enacted, or (2) before the month in which this Act is enacted if the applicant has not died before such month and if— (A) notice of the final decision of the Secretary of Health, Education, and Welfare has not been given to the applicant before such month; or (B) the notice referred to in subparagraph (A) has been so given before such month but a civil action with respect to such final decision is commenced under section 205(g) of the Social Security Act (whether before, in, or after such month) 53 Stat. 1370. 42 USC 405. and the decision in such civil action has not become final before such month. Sec. 159. disability benefits affected by receipt of workmen’s compensation (a) (1) The last sentence of section 224(a) of the Social Security Act is amended by inserting after “his wages and self-employment 79 Stat. 406. 42 USC 424a. income” where it first appears in clause (B) the following: “(computed without regard to the limitations specified in sections 209(a) and 211(b)(1))”. 42 USC 409, 411. (2) Section 224(a) of such Act is further amended by adding at the end thereof the following: “In any case where an individual’s wages and self-employment income reported to the Secretary for a calendar year reach the limitations specified in sections 209(a) and 211(b)(1), the Secretary under regulations shall estimate the total of such wages and self-employment income for purposes of clause (B) of the preceding sentence on the basis of such information as may be available to him indicating the extent (if any) by which such wages and self-employment income exceed such limitations.” (b) (1) The amendments made by subsection (a) shall apply only with respect to monthly benefits under title II of the Social Security Act for months after January 1968. 42 USC 401–428; Ante, p. 833. (2) For purposes of any redetermination which is made under section 224(f) of the Social Security Act in the case of benefits subject to reduction under section 224 of such Act, where such reduction as first computed was effective with respect to benefits for the month in which this Act is enacted or a prior month, the amendments made by subsection (a) of this section shall also be deemed to have applied in the initial determination of the “average current earnings” of the individual whose wages and self-employment income are involved. Sec. 160. extension of time for filing reports of earnings (a) Section 203(h)(1)(A) of the Social Security Act is amended by adding at the end thereof the following new sentence: “The Secretary may grant a reasonable extension of time for making the report of earnings required in this paragraph if he finds that there is valid reason for a delay, but in no case may the period be extended more than three months.” (b) Section 203(h)(2) of such Act is amended by striking out “within the time prescribed therein” and inserting in lieu thereof “within the time prescribed by or in accordance with such paragraph” Sec. 161. penalties for failure to file timely reports of earnings and other events (a) Section 203(h)(2)(A) of the Social Security Act is amended by inserting before the semicolon at the end thereof the following: “, except that if the deduction imposed under subsection (b) by reason of his earnings for such year is less than the amount of his benefit (or benefits) for the last month of such year for which he was 42 USC 402. entitled to a benefit under section 202, the additional deduction shall be equal to the amount of the deduction imposed under subsection (b) but not less than $10”. (b) Section 203(g) of such Act is amended by striking out all that follows “shall suffer” and inserting in lieu thereof the following: “deductions in addition to those imposed under subsection (c) as follows: “(1) if such failure is the first one with respect to which an additional deduction is imposed by this subsection, such additional deduction shall be equal to his benefit or benefits for the first month of the period for which there is a failure to report even though such failure is with respect to more than one month; “(2) if such failure is the second one with respect to which an additional deduction is imposed by this subsection, such additional deduction shall be equal to two times his benefit or benefits for the first month of the period for which there is a failure to report even though such failure is with respect to more than two months; and “(3) if such failure is the third or a subsequent one for which an additional deduction is imposed under this subsection, such additional deduction shall be equal to three times his benefit or benefits for the first month of the period for which there is a failure to report even though the failure to report is with respect to more than three months; except that the number of additional deductions required by this subsection shall not exceed the number of months in the period for which there is a failure to report. As used in this subsection, the term ‘period for which “Period for which there is a failure to report.” there is a failure to report’ with respect to any individual means the period for which such individual received and accepted 42 USC 402. insurance benefits under section 202 without making a timely report and for which deductions are required under subsection (c).” (c) The amendments made by this section shall apply with respect to any deductions imposed on or after the date of the enactment of this Act under subsections (g) and (h) of section 203 of the Social Security Act. on account of failure to make a report required thereby. 42 USC 403. Sec. 162. limitation on payment of benefits to aliens outside the united states (a) (1) Section 202(t)(1) of the Social Security Act is 70 Stat. 835. 42 USC 402. amended by adding at the end thereof (after and below subparagraph (B)) the following new sentence: “For purposes of the preceding sentence, after an individual has been outside the United States for any period of thirty consecutive days he shall be treated as remaining outside the United States until he has been in the United States for a period of thirty consecutive days.” (2) The amendment made by paragraph (1) shall apply only with respect to six-month periods (within the meaning of section 202(t)(1)(A) of the Social Security Act) which begin after the date of the enactment of this Act. (b) (1) Section 202(t)(4) of such Act is amended— 70 Stat. 835; 72 Stat. 1783. (A) by striking out the period at the end of subparagraph (E) and inserting in lieu thereof a semicolon; and (B) by adding at the end thereof (after and below subparagraph (E)) the following: “except that subparagraphs (A) and (B) of this paragraph shall not apply in the case of any individual who is a citizen of a foreign country that has in effect a social insurance or pension system which is of general application in such country and which satisfies subparagraph (A) but not subparagraph (B) of paragraph (2), or who is a citizen of a foreign country that has no social insurance or pension system of general application if at any time within five years prior to the month in which the Social Security Amendments of 1967 are enacted (or the first month thereafter for which his benefits are subject to suspension under paragraph (1)) payments to individuals residing in such country were withheld by the Treasury Department under the first section of the Act of October 9, 1940 (31 U.S.C. 123).” 54 Stat. 1086; 56 Stat. 1028. (2) The amendment made by paragraph (1) shall apply only with respect to monthly benefits under title II of the Social Security Act 42 USC 401–428; Ante. p. 833. for months beginning after June 30, 1968. (c) (1) Section 202(t) of such Act is further amended by adding 70 Stat. 835; 79 Stat. 334. at the end thereof the following new paragraph: “(10) Notwithstanding any other provision of this title, no monthly benefits shall be paid under this section or under section 223, for any month beginning after June 30, 1968, to an individual who is not a citizen or national of the United States and who resides during such month in a foreign country if payments for such month to individuals residing in such country are withheld by the Treasury Department under the first section of the Act of October 9, 1940 (31 U.S.C. 123).” (2) Section 202(t)(6) of such Act is amended by striking out “by reason of paragraph (1)” and inserting in lieu thereof “by reason of paragraph (1) or (10)”. (3) Whenever benefits which an individual who is not a citizen or national of the United States was entitled to receive under title II of the Social Security Act are. on June 30, 1968, being withheld by the Treasury Department under the first section of the Act of October 9, 1940 (31 U.S.C. 123), any such benefits, payable to such individual for months after the month in which the determination by the Treasury Department that the benefits should be so withheld was made, shall not be paid— (A) to any person other than such individual, or, if such individual dies before such benefits can be paid, to any person other than an individual who was entitled for the month in which the deceased individual died (with the application of section 202(j)(1) of the Social Security Act) to a monthly benefit under title 42 USC 401–428; Ante, p. 833. II of such Act on the basis of the same wages and self-employment income as such deceased individual, or (B) in excess of the equivalent of the last twelve months’ benefits that would have been payable to such individual. Sec. 163. benefit’s for certain children (a) (1) The last sentence of section 203(a) of the 72 Stat. 1017. 42 USC 403. Social Security Act is amended to read as follows: “Whenever a reduction is made under this subsection in the total of monthly benefits to which individuals are entitled for any month on the basis of the wages and self-employment income of an insured individual, each such benefit other than the old-age or disability insurance benefit shall be proportionately decreased: except that if such total of benefits for such month 42 USC 402. 42 USC 416. includes any benefit or benefits under section 202(d) which are payable solely by reason of section 216(h)(3), the reduction shall be first applied to reduce (proportionately where there is more than one benefit so payable) the benefits so payable (but not below zero).” (2) The amendment made by paragraph (1) shall apply only with respect to monthly benefits payable under title II of the Social Security Act with respect to individuals who become entitled to benefits under section 202(d) of such Act solely by reason of section 216(h)(3) of such Act in or after January 1968 (but without regard to section 202(j)(1) of such Act). The provisions of section 170 of this Act shall not apply with respect to any such individual. (b) Where— (1) one or more persons were entitled (without the application of section 202(j)(1) of the Social Security Act) to monthly benefits under section 202 or 223 of such Act for January 1968 on the basis of the wages and self-employment income of an individual, and (2) one or more persons became entitled to monthly benefits before January 1968 under section 202(d) of such Act by reason of section 216(h)(3) of such Act (but without regard to section 202(j)(1)), on the basis of such wages and self-employment income and are so entitled for January 1968, and (3) the total of benefits to which all persons are entitled under such section 202 or 223 of such Act on the basis of such wages and self-employment for January 1968 are reduced by reason of section 203(a) of such Act, as amended by this Act (or would, but for the penultimate sentence of such section 203(a), be so reduced), then the amount of the benefit to which each such person referred to in paragraph (1) above (but not including persons referred to in paragraph (2) above) is entitled for months after January 1968 shall be increased, after the application of such section 203 (a), to the amount it would have been if the person or persons referred to in paragraph (2) were not entitled to a benefit referred to in such paragraph (2). Sec. 164. transfer to health insurance benefits advisory council of national medical review committee functions; increase in council’s membership (a) Section 1867 of the Social Security Act is amended to 79 Stat. 329. 42 USC 1395dd. read as follows: “Sec. 1867. “health insurance benefits advisory council (a) There is hereby created a Health Insurance Benefits Membership. Advisory Council which shall consist of 19 persons, not otherwise in the employ of the United States, appointed by the Secretary without regard to the provisions of title 5, United States Code, governing appointments 80 Stat. 417. 5 USC 3301 et seq. in the competitive service. The Secretary shall from time to time appoint one of the members to serve as Chairman. The members shall include persons who are outstanding in fields related to hospital, medical, and other health activities, persons who are representative of organizations and associations of professional personnel in the field of medicine, and at least one person who is representative of the general public. Each member shall hold office for a term of 4 years, Term of office. except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. A member shall not be eligible to serve continuously for more than 2 terms. The Secretary may, at the request of the Advisory Council or otherwise, appoint such special advisory professional or technical committees as may be useful in carrying out this title. Members of the Advisory Council and members Compensation, travel expenses. of any such advisory or technical committee, while attending meetings or conferences thereof or otherwise serving on business of the Advisory Council or of such committee, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including travel time, and while so serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government 80 Stat. 499. service employed intermittently. The Advisory Council shall meet as frequently as the Secretary deems necessary. Upon request of 5 or more members, it shall be the duty of the Secretary to call a meeting of the Advisory Council. “(b) It shall be the function of the Advisory Council (1) to advise Duties. the Secretary on matters of general policy in the administration of this title and in the formulation of regulations under this title, and (2) to study the utilization of hospital and other medical care and services for which payment may be made under this title with a view to recommending any changes which may seem desirable in the way in which such care and services are utilized or in the administration of the programs established by this title, or in the provisions of this title. The Report to Congress. Advisory Council shall make an annual report to the Secretary on the performance of its functions, including any recommendations it may have with respect thereto, and such report shall be transmitted promptly by the Secretary to the Congress. “(c) The Advisory Council is authorized to engage such technical assistance as may be required to carry out its functions, and the Secretary shall, in addition, make available to the Advisory Council such secretarial, clerical, and other assistance and such pertinent data obtained and prepared by the Department of Health, Education, and Welfare as the Advisory Council may require to carry out its functions.” (b) The amendment made by subsection (a) shall not be construed as affecting the terms of office of the members of the Health Insurance Benefits Advisory Council in office on the date of the enactment of this Act or their successors. The terms of office of the three additional members of the Health Insurance Benefits Advisory Council first appointed pursuant to the increase in the membership of such Council provided by such amendment shall expire, as designated by the Secretary at the time of appointment, one at the end of the first year, one at the end of the second year, and one at the end of the third year after the date of appointment. (c) Section 1868 of the Social Security Act is repealed. Sec. 165. advisory council on social security (a) (1) Section 706(a) of the Social Security Act is amended by striking out “During 1968 and every fifth year thereafter” and inserting in lieu thereof “During 1969 (but not before February 1, 1969) and every fourth year thereafter (but not before February 1 of such fourth year)”. (2) Section 706(d) such Act is amended by striking out “reports of its” and inserting in lieu thereof “reports (including any interim reports such Council may have issued) of its”. (b) Section 706(b) of such Act is amended by striking out “shall consist of the Commissioner of Social Security, as Chairman, and 12 other persons, appointed by the Secretary” and inserting in lieu thereof “shall consist of a Chairman and 12 other persons, appointed by the Secretary”. Sec. 166. reimbursement of civil service retirement annuitants for certain premium payments under supplementary medical insurance program Section 1840(e)(1) of the Social Security Act is amended by adding at the end thereof the following new sentence: “A plan 80 Stat. 602. described in section 8903 of title 5, United States Code, may reimburse each annuitant enrolled in such plan an amount equal to the premiums paid by him under this part if such reimbursement is paid entirely from funds of such plan which are derived from sources other than the contributions described in section 8906 of such title.” Sec. 167. appropriations to supplementary medical insurance trust fund (a) Section 1844 (a) of the Social Security Act is amended to read as follows: “(a) There are authorized to be appropriated from time to time, out of any moneys in the Treasury not otherwise appropriated, to the 42 USC 1395t. Federal Supplementary Medical Insurance Trust Fund— “(1) a Government contribution equal to the aggregate premiums payable under this part and deposited in the Trust Fund, and “(2) such sums as the Secretary deems necessary to place the Trust Fund, at the end of any fiscal year occurring after June 30, 1967, in the same position in which it would have been at the end of such fiscal year if (A) a Government contribution representing the excess of the premiums deposited in the Trust Fund during the fiscal year ending June 30, 1967, over the Government contribution actually appropriated to the Trust Fund during such fiscal year had been appropriated to it on June 30, 1967, and (B) the Government contribution for premiums deposited in the Trust Fund after June 30, 1967, had been appropriated to it when such premiums were deposited.” (b) Section 1844(b) of such Act is amended by striking out “1967” and inserting in lieu thereof “1969”. Sec. 168. disclosure to courts of whereabouts of certain individuals (a) Section 1106(c)(1) of the Social Security Act is 79 Stat. 411. 42 USC 1306. amended by inserting “(A)” after “(c)(1)”, by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and by adding at the end thereof the following new subparagraph: “(B) If a request for the most recent address of any individual so included is filed (in accordance with paragraph (2) of this subsection) by a court having jurisdiction to issue orders or entertain petitions against individuals for the support and maintenance of their children, the Secretary shall furnish such address, or the address of the individual’s most recent employer, or both, for the use of the court (and for no other purpose) in issuing or determining whether to issue such an order against such individual or in determining (in the event such individual is not within the jurisdiction of the court) the court to which a petition for support and maintenance against such individual should be forwarded under any reciprocal arrangements with other States to obtain or improve court orders for support, if the court certifies that the information is requested for such use.” (b) (1) Section 1106(c)(2) of such Act is amended by striking out “, and shall be accompanied” and all that follows and inserting in lieu thereof “(and, in the case of a request under paragraph (1)(A), shall be accompanied by a certified copy of the order referred to in clauses (i) and (iv) thereof).” (2) Section 1106(c)(3) of such Act is amended by striking out “authorized by subparagraph (D) thereof” and inserting in lieu thereof “authorized by subparagraph (A)(iv) or (B) thereof”. Sec. 169. reports of boards of trustees to congress (a) Sections 201(c)(2), 1817(b)(2), and 1841(b)(2) of the Social Security Act are each amended by striking out “March” and 70 Stat. 521; 79 Stat. 300, 308. 42 USC 401, 1395i, 1395t. inserting in lieu thereof “April”. (b) Section 201(c) of such Act is amended by inserting immediately before the last sentence the following new sentence: “Such report shall also include an actuarial analysis of the benefit disbursements made from the Federal Old-Age and Survivors Insurance Trust Fund with respect to disabled beneficiaries.” Sec. 170. general saving provision Where— (1) one or more persons were entitled (without the application of section 202(j)(1) of the Social Security Act) to monthly benefits under section 202 or 223 of such Act for January 1968 on 64 Stat. 487. 42 USC 402. 42 USC 423. the basis of the wages and self-employment income of an individual, and (2) one or more persons (not included in paragraph (1)) become entitled to monthly benefits under such section 202 for February 1968 on the basis of such wages and self-employment by reason of the amendments made to such Act by sections 104, 112, 150, 151, 156, and 157 of this Act, and (3) the total of benefits to which all persons are entitled under such section 202 or 223 on the basis of such wages and self-employment for February 1968 are reduced by reason of section 203(a) of such Act, as amended by this Act (or would, but for the penultimate sentence of such section 203(a), be so reduced), then the amount of the benefit to which each such person referred to in paragraph (1) is entitled for months after January 1968 shall be increased, after the application of such section 203(a), to the amount it would have been if the person or persons referred to in paragraph (2) were not entitled to a benefit referred to in such paragraph. Sec. 171. expedited benefit payments (a) Section 205 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(q) “Expedited Benefit Payments (1) The Secretary shall establish and put into effect procedures under which expedited payment of monthly insurance benefits under this title will, subject to paragraph (4) of this subsection, be made as set forth in paragraphs (2) and (3) of this subsection. “(2) In any case in which— “(A) an individual makes an allegation that a monthly benefit under this title was due him in a particular month but was not paid to him. and “(B) such individual submits a written request for the payment of such benefit— “(i) in the case of an individual who received a regular monthly benefit in the month preceding the month with respect to which such allegation is made, not less than 30 days after the 15th day of the month with respect to which such allegation is made (and in the event that such request is submitted prior to the expiration of such 30-day period, it shall be deemed to have been submitted upon the expiration of such period), and “(ii) in any other case, not less than 90 days after the later of (I) the date on which such benefit is alleged to have been due, or (II) the date on which such individual furnished the last information requested by the Secretary (and such written request, will be deemed to be filed on the day on which it was filed, or the ninetieth day after the first day on which the Secretary has evidence that such allegation is true, whichever is later), the Secretary shall, if he finds that benefits are due, certify such benefits for payment, and payment shall be made within 15 days immediately following the date on which the written request is deemed to have been filed. “(3) In any case in which the Secretary determines that there is evidence, although additional evidence might be required for a final decision, that an allegation described in paragraph (2)(A) is true, he may make a preliminary certification of such benefit for payment even though the 30-day or 90-day periods described in paragraph (2)(B)(i) and (B)(ii) have not elapsed. “(4) Any payment made pursuant to a certification under paragraph (3) of this subsection shall not be considered an incorrect payment for purposes of determining the liability of the certifying or disbursing officer. “(5) For purposes of this subsection, benefits payable under section 228 shall be treated as monthly insurance benefits payable under this title. However, this subsection shall not apply with respect to any benefit for which a check has been negotiated, or with respect to any 42 USC 423, 402. benefit alleged to be due under either section 223, or section 202 to a wife, husband, or child of an individual entitled to or applying for benefits under section 223, or to a child who has attained age 18 and is under a disability, or to a widow or widower on the basis of being under a disability.” (b) The amendment made by subsection (a) of this section shall be effective with respect to written requests filed under section 205(q) of the Social Security Act after June 30, 1968. Sec. 172. definition of blindness (a) The first sentence of section 216(i)(1) of the Social Security Act is amended by striking out “(B)” and all that follows 42 USC 416. and inserting in lieu thereof “(B) blindness; and the term ‘blindness’ means central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.” (b) The second sentence of section 216(i)(1) of such Act is amended to read as follows: “An eve which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered for purposes of this paragraph as having a central visual acuity of 20/200 or less.” (c) The amendments made by this section shall be effective with respect to benefits under section 223 of the Social Security Act for 42 USC 423. months after January 1968 based on applications filed after the date of enactment of this Act and with respect to disability determinations under section 216(i) of the Social Security Act based on applications filed after the date of enactment of this Act. Sec. 173. attorneys fees for claimants Section 206(a) of the Social Security Act is amended by 42 USC 406. inserting, immediately before the last sentence thereof, the following new sentences: “Whenever the Secretary, in any claim before him for benefits under this title, makes a determination favorable to the claimant. he shall, if the claimant was represented by an attorney in connection with such claim, fix (in accordance with the regulations prescribed pursuant to the preceding sentence) a reasonable fee to compensate such attorney for the services performed by him in connection with such claim. If as a result of such determination, such claimant is entitled to past-due benefits under this title, the Secretary shall, notwithstanding section 205(i), certify for payment (out of such past-due 42 USC 405. benefits) to such attorney an amount equal to whichever of the following is the smaller: (A) 25 per centum of the total amount of such past-due benefits, (B) the amount of the attorney’s fee so fixed, or (C) the amount agreed upon between the claimant and such attorney as the fee for such attorney’s services.”Social Security Amendments of 1967
Pub. L. 90–248 § 122(d) · 81 Stat. 821
Added · 42 U.S.C. § 418(u)
Pub. L. 90–248, § 122(d), added subsec. (u)
Source evidence
Code amendment note
Subsec. (u). Pub. L. 90–248, § 122(d), added subsec. (u).Enacted provision · exact public law section
(d) Section 218 of the Social Security Act is further amended by adding the following new subsection: “(u) “Positions Compensated Solely on a Fee Basis (1) Notwithstanding any other provision in this section, an agreement entered into under this section may be made applicable to service performed after 1967 in any class or classes of positions compensated solely on a fee basis to which such agreement did not apply prior to 1968 only if the State specifically requests that its agreement made applicable to such service in such class or classes of positions. “(2) Notwithstanding any other provision in this section, an agreement entered into under this section may be modified, at the option of the State, at any time after 1967, so as to exclude services performed in any class or classes of positions compensation for which is solely on a fee basis. “(3) Any modification made under this subsection shall be effective with respect to services performed after the last day of the calendar year in which the modification is agreed to by the Secretary and the State. “(4) If any class or classes of positions have been excluded from coverage under the State agreement by a modification agreed to under this subsection, the Secretary and the State may not thereafter modify such agreement so as to again make the agreement applicable with respect to such class or classes of positions.”National Guard Technicians Act of 1968
Pub. L. 90–486 § 7 · 82 Stat. 755
Substituted · 42 U.S.C. § 418(b)(5)
Pub. L. 90–486 substituted provisions pertaining to the coverage of persons employed under section 709 of title 32, who elected under section 6 of the National Guard Technicians Act of 1968 to remain covered by an employee retirement system of, or plan sponsored by, a state or the Commonwealth of Puerto Rico, such persons, for the purposes of this chapter, to be considered employees of the state or the Commonwealth of Puerto Rico, for provisions pertaining to the coverage of civilian employees of National Guard units of a state who are employed pursuant to section 42 of title 32, and who are paid from funds allotted to such units by the Department of the Defense, such persons, for the purposes of this section, to be deemed employees of the state
Source evidence
Code amendment note
Subsec. (b)(5). Pub. L. 90–486 substituted provisions pertaining to the coverage of persons employed under section 709 of title 32, who elected under section 6 of the National Guard Technicians Act of 1968 to remain covered by an employee retirement system of, or plan sponsored by, a state or the Commonwealth of Puerto Rico, such persons, for the purposes of this chapter, to be considered employees of the state or the Commonwealth of Puerto Rico, for provisions pertaining to the coverage of civilian employees of National Guard units of a state who are employed pursuant to section 42 of title 32, and who are paid from funds allotted to such units by the Department of the Defense, such persons, for the purposes of this section, to be deemed employees of the state.Enacted provision · exact public law section
Sec. 7. The fourth sentence of section 218(b) (5) of the Social Social security payments. 64 Stat. 514; 68 Stat. 1059. Security Act, as amended (42 U.S.C. 418(b) (5)), is amended to read as follows: “Persons employed under section 709 of title 32, United States Code, who elected under section 6 of the National Guard Technicians Act of 1968 to remain covered by an employee retirement system of, or plan sponsored by, a State or the Commonwealth of Puerto Rico, shall, for the purposes of this Act, be employees of the State or the Commonwealth of Puerto Rico and (notwithstanding the preceding provisions of this paragraph), shall be deemed to be a separate coverage group.”.Social Security Amendments of 1972
Pub. L. 92–603 title I § 126 · 86 Stat. 1329
Inserted · 42 U.S.C. § 418(p)(1)
Pub. L. 92–603 inserted “Idaho,” after “Hawaii,”
Source evidence
Code amendment note
Subsec. (p)(1). Pub. L. 92–603 inserted “Idaho,” after “Hawaii,”.Enacted provision · exact public law section
Sec. 126. policemen and firemen in idaho Section 218 (p) (1) of the Social Security Act is amended by inserting “Idaho,” after “Hawaii,”.Public Law not identified
Inserted · 42 U.S.C. § 418(p)(1)
Subsec. (p)(1). Priv. L. 93–107 inserted “Montana,” after “Maryland,”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (p)(1). Priv. L. 93–107 inserted “Montana,” after “Maryland,”.Social Security Amendments of 1977
Pub. L. 95–216 § 353(b)(1) · 91 Stat. 1509
Substituted · 42 U.S.C. § 418(c)(8)
Pub. L. 95–216, § 353(b)(1), substituted “year” for “quarter”
Substituted · 42 U.S.C. § 418(c)(8)
Pub. L. 95–216, § 353(b)(1), substituted “$100” for “$50”
Source evidence
Code amendment note
Subsec. (c)(8). Pub. L. 95–216, § 353(b)(1), substituted “year” for “quarter” and “$100” for “$50”.Enacted provision · exact public law section
(1) The first sentence of section 218(c) (8) of such Act is 42 USC 418. amended by striking out “quarter” wherever it appears and inserting in lieu thereof “year”, and by striking out “$50” and inserting in lieu thereof “$100”.Social Security Amendments of 1977
Pub. L. 95–216 § 320 · 91 Stat. 1509
Inserted · 42 U.S.C. § 418(d)(6)(C)
Pub. L. 95–216, § 320, inserted reference to New Jersey
Source evidence
Code amendment note
Subsec. (d)(6)(C). Pub. L. 95–216, § 320, inserted reference to New Jersey.Enacted provision · exact public law section
Sec. 320. coverage under divided retirement system for public employees in new jersey Section 218(d) (6) (C) of the Social Security Act is amended by inserting “New Jersey,” after “Nevada,”.Social Security Amendments of 1977
Pub. L. 95–216 § 353(b)(2) · 91 Stat. 1509
Substituted · 42 U.S.C. § 418(g)(1)
Pub. L. 95–216, § 353(b)(2), substituted “year” for “quarter”
Source evidence
Code amendment note
Subsec. (g)(1). Pub. L. 95–216, § 353(b)(2), substituted “year” for “quarter”.Enacted provision · exact public law section
(2) Section 218(g) (1) of such Act is amended by striking out “quarter” and inserting in lieu thereof “year”.Social Security Amendments of 1977
Pub. L. 95–216 § 321 · 91 Stat. 1509
Inserted · 42 U.S.C. § 418(m)(1)
Pub. L. 95–216, § 321, inserted “or any successor system” after “Wisconsin retirement fund”
Source evidence
Code amendment note
Subsec. (m)(1). Pub. L. 95–216, § 321, inserted “or any successor system” after “Wisconsin retirement fund”.Enacted provision · exact public law section
Sec. 321. coverage of service under wisconsin retirement system Section 218(m) (1) of the Social Security Act is amended by inserting after “Wisconsin retirement fund” the following: “or any successor system”.Social Security Amendments of 1977
Pub. L. 95–216 § 319 · 91 Stat. 1509
Inserted · 42 U.S.C. § 418(p)(1)
Pub. L. 95–216, § 319, inserted reference to Mississippi
Source evidence
Code amendment note
Subsec. (p)(1). Pub. L. 95–216, § 319, inserted reference to Mississippi.Enacted provision · exact public law section
Sec. 319. coverage for policemen and firemen in mississippi Section 218(p) (1) of the Social Security Act is amended 42 USC 418. by inserting “Mississippi,” after “Maryland,”.Social Security Amendments of 1977
Pub. L. 95–216 § 353(b)(3) · 91 Stat. 1509
Substituted · 42 U.S.C. § 418(q)(4)(B)
Pub. L. 95–216, § 353(b)(3), substituted references to calendar years for references to calendar quarters wherever appearing
Source evidence
Code amendment note
Subsec. (q)(4)(B). Pub. L. 95–216, § 353(b)(3), substituted references to calendar years for references to calendar quarters wherever appearing.Enacted provision · exact public law section
(3) Section 218(q) (4) (B) of such Act is amended by striking out “any calendar quarters” and inserting in lieu thereof “a calendar year” and by striking out “such calendar quarters” and inserting in lieu thereof “such calendar year”.Social Security Amendments of 1977
Pub. L. 95–216 § 353(b)(4) · 91 Stat. 1509
Substituted · 42 U.S.C. § 418(q)(6)(B)
Pub. L. 95–216, § 353(b)(4), substituted “period or periods designated by the State in such wage reports as the period or” for “calendar quarters designated by the State in such wage reports as the”
Source evidence
Code amendment note
Subsec. (q)(6)(B). Pub. L. 95–216, § 353(b)(4), substituted “period or periods designated by the State in such wage reports as the period or” for “calendar quarters designated by the State in such wage reports as the”.Enacted provision · exact public law section
(4) Section 218(q) (6) (B) of such Act is amended by striking out “calendar quarters designated by the State in such wage reports as the” and inserting in lieu thereof “period or periods designated by the State in such wage reports as the period or”.Social Security Amendments of 1977
Pub. L. 95–216 § 353(b)(5) · 91 Stat. 1509
Substituted · 42 U.S.C. § 418(r)(1)
Pub. L. 95–216, § 353(b)(5), in provisions preceding cl. (A) and in cl. (B) substituted “year” for “quarter”, and in cl. (A) struck out “in which occurred the calendar quarter” after “year”
Source evidence
Code amendment note
Subsec. (r)(1). Pub. L. 95–216, § 353(b)(5), in provisions preceding cl. (A) and in cl. (B) substituted “year” for “quarter”, and in cl. (A) struck out “in which occurred the calendar quarter” after “year”.Enacted provision · exact public law section
(5) Section 218(r) (1) of such Act is amended— (A) by striking out “quarter” in the matter before clause (A) and inserting in lieu thereof “year”, (B) by striking out “in which occurred the calendar quarter” in clause (A), and (C) by striking out “quarter” in clause (B) and inserting in lieu thereof “year”.Social Security Disability Amendments of 1980
Pub. L. 96–265 § 503(a) · 94 Stat. 441
Substituted · 42 U.S.C. § 418(e)(1)(A)
Pub. L. 96–265, § 503(a), substituted “(A) that the State will pay to the Secretary of the Treasury, within the thirty-day period immediately following the last day of each calendar month, amounts equivalent to the sum of the taxes which would be imposed by sections 3101 and 3111 of the Internal Revenue Code of 1954 if the services for which wages were paid in such month to employees covered by the agreement constituted employment as defined in section 3121 of such Code” for “(A) that the State will pay to the Secretary of the Treasury, at such time or times as the Secretary of Health, Education, and Welfare may by regulations prescribe, amounts equivalent to the sum of the taxes which would be imposed by sections 1400 and 1410 of the Internal Revenue Code of 1939, if the services of employees covered by the agreement constituted employment as defined in section 1426 of the Internal Revenue Code of 1939”
Source evidence
Code amendment note
Subsec. (e)(1)(A). Pub. L. 96–265, § 503(a), substituted “(A) that the State will pay to the Secretary of the Treasury, within the thirty-day period immediately following the last day of each calendar month, amounts equivalent to the sum of the taxes which would be imposed by sections 3101 and 3111 of the Internal Revenue Code of 1954 if the services for which wages were paid in such month to employees covered by the agreement constituted employment as defined in section 3121 of such Code” for “(A) that the State will pay to the Secretary of the Treasury, at such time or times as the Secretary of Health, Education, and Welfare may by regulations prescribe, amounts equivalent to the sum of the taxes which would be imposed by sections 1400 and 1410 of the Internal Revenue Code of 1939, if the services of employees covered by the agreement constituted employment as defined in section 1426 of the Internal Revenue Code of 1939”.Enacted provision · exact public law section
(a) Subparagraph (A) of section 218(e)(1) of the Social Security Act is amended to read as follows: “(A) that the State will pay to the Secretary of the Treasury, within the thirty-day period immediately following the last day of each calendar month, amounts equivalent to the sum of the taxes which would be imposed by sections 3101 and 3111 of the Internal Revenue Code of 1954 if the services for which wages 26 USC 3101, 3111. were paid in such month to employees covered by the agreement constituted employment as defined in section 3121 of such Code; 26 USC 3121. and”.Pub. L. 98–21 § 342(a) · 97 Stat. 65
Amended · 42 U.S.C. § 418(e)(1)(A)
Pub. L. 98–21, § 342(a), amended subpar. (A) generally
Amended · 42 U.S.C. § 418(e)(1)(A)
Pub. L. 98–21, § 342(a), designating existing provisions as cl. (i), and in (i) as so designated
Substituted · 42 U.S.C. § 418(e)(1)(A)
Pub. L. 98–21, § 342(a), substituting “on the last day of each calendar month” for “within the thirty-day period immediately following the last day of each calendar month”
Inserted · 42 U.S.C. § 418(e)(1)(A)
Pub. L. 98–21, § 342(a), inserting “with respect to the period which includes the first fifteen days of such calendar month” before “if the services”
Added · 42 U.S.C. § 418(e)(1)(A)
Pub. L. 98–21, § 342(a), adding cl. (ii)
Source evidence
Code amendment note
Subsec. (e)(1)(A). Pub. L. 98–21, § 342(a), amended subpar. (A) generally, designating existing provisions as cl. (i), and in (i) as so designated, substituting “on the last day of each calendar month” for “within the thirty-day period immediately following the last day of each calendar month” and inserting “with respect to the period which includes the first fifteen days of such calendar month” before “if the services”, and adding cl. (ii).Enacted provision · exact public law section
(a) Section 218(e)(1)(A) of the Social Security Act is 42 USC 418. amended to read as follows: “(A) that the State will pay to the Secretary of the Treasury— “(i) on the last day of each calendar month, amounts equivalent to the sum of the taxes which would be imposed by sections 3101 and 3111 of the Internal Revenue Code of 1954 with respect to the period which includes the first 26 USC 3101, 3111. fifteen days of such calendar month if the services for which wages were paid in such period to employees covered by the agreement constituted employment as defined in section 3121 of such Code, and 26 USC 3121. “(ii) on the fifteenth day of the calendar month following such calendar month, amounts equivalent to the sum of the taxes Which would be imposed by sections 3101 and 3111 of such Code with respect to the period beginning with the sixteenth day of such calendar month and ending with the last day of such calendar month if the services for which wages were paid in such period to employees covered by the agreement constituted employment as defined in section 3121 of such Code; and”.Pub. L. 98–21 § 103(a) · 97 Stat. 65
Amended · 42 U.S.C. § 418(g)
Pub. L. 98–21, § 103(a), amended subsec. (g) generally
Substituted · 42 U.S.C. § 418(g)
Pub. L. 98–21, § 103(a), substituting provision that no agreement under this section may be terminated on or after April 20, 1983, for provision that had authorized the termination of agreements of States with the Secretary conditioned upon the giving of advance notice
Source evidence
Code amendment note
Subsec. (g). Pub. L. 98–21, § 103(a), amended subsec. (g) generally, substituting provision that no agreement under this section may be terminated on or after April 20, 1983, for provision that had authorized the termination of agreements of States with the Secretary conditioned upon the giving of advance notice.Enacted provision · exact public law section
(a) Section 218(g) of the Social Security Act is amended to 42 USC 418. read as follows: “Duration of Agreement “(g) No agreement under this section may be terminated, either in its entirety or with respect to any coverage group, on or after the date of the enactment of the Social Security Amendments of 1983.”.Pub. L. 98–21 § 325(a) · 97 Stat. 65
Inserted · 42 U.S.C. § 418(o)
Pub. L. 98–21, § 325(a), inserted provision that coverage provided for in this subsection shall not be affected by a subsequent change in the name of a group
Source evidence
Code amendment note
Subsec. (o). Pub. L. 98–21, § 325(a), inserted provision that coverage provided for in this subsection shall not be affected by a subsequent change in the name of a group.Enacted provision · exact public law section
(a) Section 218(o) of the Social Security Act is amended 42 USC 418. by adding at the end thereof the following new sentence: “Coverage provided for in this subsection shall not be affected by a subsequent change in the name of a group.”.Spending Reduction Act of 1984
Pub. L. 98–369 § 2663(j)(3)(A)(iii) · 98 Stat. 494
Struck · 42 U.S.C. § 418(a)(1); 42 U.S.C. § 418(c)(4); 42 U.S.C. § 418(d)(3); 42 U.S.C. § 418(a)(7); 42 U.S.C. § 418(h)(2); 42 U.S.C. § 418(a)(3)
Pub. L. 98–369, § 2663(j)(3)(A)(iii), struck out “of Health, Education, and Welfare” after “Secretary” wherever appearing
Source evidence
Code amendment note
Subsecs. (a)(1), (c)(4), (d)(3), (7), (h)(2), (3). Pub. L. 98–369, § 2663(j)(3)(A)(iii), struck out “of Health, Education, and Welfare” after “Secretary” wherever appearing.Enacted provision · exact public law section
(iii) subsections (a)(1), (c)(4), (d)(3), (d)(7), (h)(2), (h)(3), (i), (j), (k)(1), (l), and (p)(2) of section 218;Spending Reduction Act of 1984
Pub. L. 98–369 § 2663(j)(3)(A)(iii) · 98 Stat. 494
Struck · 42 U.S.C. § 418(i)
Pub. L. 98–369, § 2663(j)(3)(A)(iii), struck out “of Health, Education, and Welfare” after “Secretary”
Source evidence
Code amendment note
Subsec. (i). Pub. L. 98–369, § 2663(j)(3)(A)(iii), struck out “of Health, Education, and Welfare” after “Secretary”.Enacted provision · exact public law section
(iii) subsections (a)(1), (c)(4), (d)(3), (d)(7), (h)(2), (h)(3), (i), (j), (k)(1), (l), and (p)(2) of section 218;Spending Reduction Act of 1984
Pub. L. 98–369 § 2663(a)(13) · 98 Stat. 494
Substituted · 42 U.S.C. § 418(i)
Pub. L. 98–369, § 2663(a)(13), substituted “chapter 21 and subtitle F of the Internal Revenue Code of 1954” for “subchapter A or E of chapter 9 of the Internal Revenue Code of 1939”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 98–369, § 2663(a)(13), substituted “chapter 21 and subtitle F of the Internal Revenue Code of 1954” for “subchapter A or E of chapter 9 of the Internal Revenue Code of 1939”.Enacted provision · exact public law section
(13) Section 218(i) of such Act is amended by striking out “subchapter A or E of chapter 9 of the Internal Revenue Code” and inserting in lieu thereof “chapter 21 and subtitle F of the Internal Revenue Code of 1954”.Spending Reduction Act of 1984
Pub. L. 98–369 § 2663(j)(3)(A)(iii) · 98 Stat. 494
Struck · 42 U.S.C. § 418(j); 42 U.S.C. § 418(k)(1); 42 U.S.C. § 418(l); 42 U.S.C. § 418(p)(2)
Pub. L. 98–369, § 2663(j)(3)(A)(iii), struck out “of Health, Education, and Welfare” after “Secretary” wherever appearing
Source evidence
Code amendment note
Subsecs. (j), (k)(1), (l), (p)(2). Pub. L. 98–369, § 2663(j)(3)(A)(iii), struck out “of Health, Education, and Welfare” after “Secretary” wherever appearing.Enacted provision · exact public law section
(iii) subsections (a)(1), (c)(4), (d)(3), (d)(7), (h)(2), (h)(3), (i), (j), (k)(1), (l), and (p)(2) of section 218;Spending Reduction Act of 1984
Pub. L. 98–369 § 2663(j)(2)(A)(ii) · 98 Stat. 494
Substituted · 42 U.S.C. § 418(q)(4)(B); 42 U.S.C. § 418(q)(6)(B); 42 U.S.C. § 418(q)(r)(1)
Pub. L. 98–369, § 2663(j)(2)(A)(ii), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare” wherever appearing
Source evidence
Code amendment note
Subsecs. (q)(4)(B), (6)(B), (r)(1). Pub. L. 98–369, § 2663(j)(2)(A)(ii), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare” wherever appearing.Enacted provision · exact public law section
(ii) subsections (q)(4)(B), (q)(6)(B), and (r)(1) of section 218; andConsolidated Omnibus Budget Reconciliation Act of 1985
Pub. L. 99–272 § 12110(a) · 100 Stat. 82
Substituted · 42 U.S.C. § 418(f)(1)
Pub. L. 99–272, § 12110(a), substituted “is mailed or delivered by other means to the Secretary” for “is agreed to by the Secretary and the State”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 99–272, § 12110(a), substituted “is mailed or delivered by other means to the Secretary” for “is agreed to by the Secretary and the State”.Enacted provision · exact public law section
(a) Maximum Period of Retroactive Coverage.— Section 218(f)(1) of the Social Security Act is amended by striking out “is agreed to 42 USC 418. by the Secretary and the State” and inserting in lieu thereof “is mailed or delivered by other means to the Secretary”.Consolidated Omnibus Budget Reconciliation Act of 1985
Pub. L. 99–272 § 12110(b) · 100 Stat. 82
Substituted · 42 U.S.C. § 418(u)(3)
Pub. L. 99–272, § 12110(b), substituted “is mailed or delivered by other means to the Secretary” for “is agreed to by the Secretary and the State”
Source evidence
Code amendment note
Subsec. (u)(3). Pub. L. 99–272, § 12110(b), substituted “is mailed or delivered by other means to the Secretary” for “is agreed to by the Secretary and the State”.Enacted provision · exact public law section
(b) Positions Compensated Solely on Fee Basis.— Section 218(u)(3) of such Act is amended by striking out “is agreed to by the Secretary and the State” and inserting in lieu thereof “is mailed or delivered by other means to the Secretary”.Consolidated Omnibus Budget Reconciliation Act of 1985
Pub. L. 99–272 § 13205(c) · 100 Stat. 82
Added · 42 U.S.C. § 418(v)
Pub. L. 99–272, § 13205(c), added subsec. (v)
Source evidence
Code amendment note
Subsec. (v). Pub. L. 99–272, § 13205(c), added subsec. (v).Enacted provision · exact public law section
(c) Optional Medicare Coverage of Current Employees.— Section 218 of the Social Security Act (42 U.S.C. 418) is amended by adding at the end the following new subsection: “(v) (1) The Secretary shall, at the request of any State, enter into State and local governments. 42 USC 1395, 426. 42 USC 426–1. or modify an agreement with such State under this section for the purpose of extending the provisions of title XVIII, and sections 226 and 226A, to services performed by employees of such State or any political subdivision thereof who are described in paragraph (2). “(2) This subsection shall apply only with respect to employees— “(A) whose services are not treated as employment as that term applies under section 210(p) by reason of paragraph (3) of Ante, p. 316. such section; and “(B) who are not otherwise covered under the State’s agreement under this section. “(3) Payments by the State required under subsection (e) with respect to employees covered under this subsection shall be limited to amounts equivalent to the sum of the taxes which would be imposed by sections 3101(b) and 3111(b) of the Internal Revenue 26 USC 3101, 3111. 26 USC 3121. Code of 1954 if such services for which wages were paid to such employees constituted ‘employment’ as defined in section 3121 of such Code. “(4) For purposes of sections 226 and 226A of this Act, services covered under an agreement pursuant to this subsection shall be treated as ‘medicare qualified government employment’. “(5) Except as otherwise provided in this subsection, the provisions of this section shall apply with respect to services covered under the agreement pursuant to this subsection. “(w) Notwithstanding sections 3125(a), 6205(a)(5), 6413(a)(5), and 26 USC 3125, 6205, 6413. 6413(c)(2)(G) of the Internal Revenue Code of 1954, any State shall make payments of the taxes imposed with respect to services of employees of such State and of a political subdivision thereof under sections 3101(b) and 3111(b) of such Code, and reports of such services, under the same procedures as apply to payments and reports under subsection (e) of this section, but only if any employees of such State or of such political subdivision thereof respectively are covered under an agreement pursuant to this section.”.Consolidated Omnibus Budget Reconciliation Act of 1985
Pub. L. 99–272 § 13205(c) · 100 Stat. 82
Added · 42 U.S.C. § 418(w)
Pub. L. 99–272, § 13205(c), added subsec. (w)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–272, § 13205(c), added subsec. (w).Enacted provision · exact public law section
(c) Optional Medicare Coverage of Current Employees.— Section 218 of the Social Security Act (42 U.S.C. 418) is amended by adding at the end the following new subsection: “(v) (1) The Secretary shall, at the request of any State, enter into State and local governments. 42 USC 1395, 426. 42 USC 426–1. or modify an agreement with such State under this section for the purpose of extending the provisions of title XVIII, and sections 226 and 226A, to services performed by employees of such State or any political subdivision thereof who are described in paragraph (2). “(2) This subsection shall apply only with respect to employees— “(A) whose services are not treated as employment as that term applies under section 210(p) by reason of paragraph (3) of Ante, p. 316. such section; and “(B) who are not otherwise covered under the State’s agreement under this section. “(3) Payments by the State required under subsection (e) with respect to employees covered under this subsection shall be limited to amounts equivalent to the sum of the taxes which would be imposed by sections 3101(b) and 3111(b) of the Internal Revenue 26 USC 3101, 3111. 26 USC 3121. Code of 1954 if such services for which wages were paid to such employees constituted ‘employment’ as defined in section 3121 of such Code. “(4) For purposes of sections 226 and 226A of this Act, services covered under an agreement pursuant to this subsection shall be treated as ‘medicare qualified government employment’. “(5) Except as otherwise provided in this subsection, the provisions of this section shall apply with respect to services covered under the agreement pursuant to this subsection. “(w) Notwithstanding sections 3125(a), 6205(a)(5), 6413(a)(5), and 26 USC 3125, 6205, 6413. 6413(c)(2)(G) of the Internal Revenue Code of 1954, any State shall make payments of the taxes imposed with respect to services of employees of such State and of a political subdivision thereof under sections 3101(b) and 3111(b) of such Code, and reports of such services, under the same procedures as apply to payments and reports under subsection (e) of this section, but only if any employees of such State or of such political subdivision thereof respectively are covered under an agreement pursuant to this section.”.Omnibus Budget Reconciliation Act of 1986
Pub. L. 99–509 § 9002(c)(2)(C) · 100 Stat. 1874
Substituted · 42 U.S.C. § 418(d)(6)
Pub. L. 99–509, § 9002(c)(2)(C), substituted “subsection (e)” for “subsection (f)” in subpar. (F)
Substituted · 42 U.S.C. § 418(d)(6)
Pub. L. 99–509, § 9002(c)(2)(C), substituted “subsection (e)(1)” for “subsection (f)(1)” in subpar. (F)
Source evidence
Code amendment note
Subsec. (d)(6). Pub. L. 99–509, § 9002(c)(2)(C), substituted “subsection (e)” for “subsection (f)” in subpar. (A), and “subsection (e)(1)” for “subsection (f)(1)” in subpar. (F).Enacted provision · exact public law section
(C) Section 218(d)(6) of such Act is amended— (i) by striking out “subsection (f)” in subparagraph (A) and inserting in lieu thereof “subsection (e)”; and (ii) by striking out “subsection (f)(1)” in subparagraph (F) and inserting in lieu thereof “subsection (e)(1)”.Omnibus Budget Reconciliation Act of 1986
Pub. L. 99–509 § 9002(c)(2)(D) · 100 Stat. 1874
Substituted · 42 U.S.C. § 418(d)(8)(D)
Pub. L. 99–509, § 9002(c)(2)(D), substituted “subsection (l)” for “subsection (p)”
Source evidence
Code amendment note
Subsec. (d)(8)(D). Pub. L. 99–509, § 9002(c)(2)(D), substituted “subsection (l)” for “subsection (p)”.Enacted provision · exact public law section
(D) Section 218(d)(8)(D) of such Act is amended by striking out “subsection (p)” and inserting in lieu thereof “subsection (1)”.Omnibus Budget Reconciliation Act of 1986
Pub. L. 99–509 § 9002(c)(1) · 100 Stat. 1874
Redesignated · 42 U.S.C. § 418(e)
Pub. L. 99–509, § 9002(c)(1), (2)(E), redesignated subsec. (f) as (e)
Substituted · 42 U.S.C. § 418(e)
Pub. L. 99–509, § 9002(c)(1), (2)(E), substituted “Any agreement” for “Except as provided in subsection (e)(2) of this section, any agreement”
Struck · 42 U.S.C. § 418(e)
Pub. L. 99–509, § 9002(c)(1), (2)(E), struck out former subsec. (e) which required that agreements under this section include certain provisions relating to payments and reports by States and allowed inclusion of certain provisions relating to employees employed by two or more political subdivisions of a State
Source evidence
Code amendment note
Subsec. (e). Pub. L. 99–509, § 9002(c)(1), (2)(E), redesignated subsec. (f) as (e), substituted “Any agreement” for “Except as provided in subsection (e)(2) of this section, any agreement”, and struck out former subsec. (e) which required that agreements under this section include certain provisions relating to payments and reports by States and allowed inclusion of certain provisions relating to employees employed by two or more political subdivisions of a State.Enacted provision · exact public law section
(1) Subsections (e), (h), (i), (j), (q), (r), (s), (t), and (w) of section 218 of the Social Security Act are repealed; and subsections (f), (g), (k), (1), (m), (n), (o), (p), and (u) of such section are redesignated as subsections (e), (f), (g), (h), (i), (j), (k), (1), and (m), respectively.Omnibus Budget Reconciliation Act of 1986
Pub. L. 99–509 § 9002(c)(1) · 100 Stat. 1874
Redesignated · 42 U.S.C. § 418(f)
Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).Enacted provision · exact public law section
(1) Subsections (e), (h), (i), (j), (q), (r), (s), (t), and (w) of section 218 of the Social Security Act are repealed; and subsections (f), (g), (k), (1), (m), (n), (o), (p), and (u) of such section are redesignated as subsections (e), (f), (g), (h), (i), (j), (k), (1), and (m), respectively.Omnibus Budget Reconciliation Act of 1986
Pub. L. 99–509 § 9002(c)(1) · 100 Stat. 1874
Redesignated · 42 U.S.C. § 418(g)
Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (k) as (g). Former subsec. (g) redesignated (f)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (k) as (g). Former subsec. (g) redesignated (f).Enacted provision · exact public law section
(1) Subsections (e), (h), (i), (j), (q), (r), (s), (t), and (w) of section 218 of the Social Security Act are repealed; and subsections (f), (g), (k), (1), (m), (n), (o), (p), and (u) of such section are redesignated as subsections (e), (f), (g), (h), (i), (j), (k), (1), and (m), respectively.Omnibus Budget Reconciliation Act of 1986
Pub. L. 99–509 § 9002(c)(1) · 100 Stat. 1874
Redesignated · 42 U.S.C. § 418(h)
Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (l) as (h)
Struck · 42 U.S.C. § 418(h)
Pub. L. 99–509, § 9002(c)(1), struck out former subsec. (h) which required that amounts received by the Secretary of the Treasury under an agreement made under this section be deposited in the Trust Funds and the Federal Hospital Insurance Trust Fund in certain ratio and provided for adjustment of amount due if more or less than correct amount due is paid
Source evidence
Code amendment note
Subsec. (h). Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (l) as (h) and struck out former subsec. (h) which required that amounts received by the Secretary of the Treasury under an agreement made under this section be deposited in the Trust Funds and the Federal Hospital Insurance Trust Fund in certain ratio and provided for adjustment of amount due if more or less than correct amount due is paid.Enacted provision · exact public law section
(1) Subsections (e), (h), (i), (j), (q), (r), (s), (t), and (w) of section 218 of the Social Security Act are repealed; and subsections (f), (g), (k), (1), (m), (n), (o), (p), and (u) of such section are redesignated as subsections (e), (f), (g), (h), (i), (j), (k), (1), and (m), respectively.Omnibus Budget Reconciliation Act of 1986
Pub. L. 99–509 § 9002(c)(1) · 100 Stat. 1874
Redesignated · 42 U.S.C. § 418(i)
Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (m) as (i)
Struck · 42 U.S.C. § 418(i)
Pub. L. 99–509, § 9002(c)(1), struck out former subsec. (i), relating to regulations of the Secretary
Source evidence
Code amendment note
Subsec. (i). Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (m) as (i) and struck out former subsec. (i), relating to regulations of the Secretary.Enacted provision · exact public law section
(1) Subsections (e), (h), (i), (j), (q), (r), (s), (t), and (w) of section 218 of the Social Security Act are repealed; and subsections (f), (g), (k), (1), (m), (n), (o), (p), and (u) of such section are redesignated as subsections (e), (f), (g), (h), (i), (j), (k), (1), and (m), respectively.Omnibus Budget Reconciliation Act of 1986
Pub. L. 99–509 § 9002(c)(1) · 100 Stat. 1874
Redesignated · 42 U.S.C. § 418(j)
Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (n) as (j)
Struck · 42 U.S.C. § 418(j)
Pub. L. 99–509, § 9002(c)(1), struck out former subsec. (j) which read as follows: “In case any State does not make, at the time or times due, the payments provided for under an agreement pursuant to this section, there shall be added, as part of the amounts due, interest at the rate of 6 per centum per annum from the date due until paid, and the Secretary may, in his discretion, deduct such amounts plus interest from any amounts certified by him to the Secretary of the Treasury for payment to such State under any other provision of this chapter. Amounts so deducted shall be deemed to have been paid to the State under such other provision of this chapter. Amounts equal to the amounts deducted under this subsection are hereby appropriated to the Trust Funds in the ratio in which amounts are deposited in such Funds pursuant to subsection (h)(1) of this section.”
Source evidence
Code amendment note
Subsec. (j). Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (n) as (j) and struck out former subsec. (j) which read as follows: “In case any State does not make, at the time or times due, the payments provided for under an agreement pursuant to this section, there shall be added, as part of the amounts due, interest at the rate of 6 per centum per annum from the date due until paid, and the Secretary may, in his discretion, deduct such amounts plus interest from any amounts certified by him to the Secretary of the Treasury for payment to such State under any other provision of this chapter. Amounts so deducted shall be deemed to have been paid to the State under such other provision of this chapter. Amounts equal to the amounts deducted under this subsection are hereby appropriated to the Trust Funds in the ratio in which amounts are deposited in such Funds pursuant to subsection (h)(1) of this section.”Enacted provision · exact public law section
(1) Subsections (e), (h), (i), (j), (q), (r), (s), (t), and (w) of section 218 of the Social Security Act are repealed; and subsections (f), (g), (k), (1), (m), (n), (o), (p), and (u) of such section are redesignated as subsections (e), (f), (g), (h), (i), (j), (k), (1), and (m), respectively.Omnibus Budget Reconciliation Act of 1986
Pub. L. 99–509 § 9002(c)(1) · 100 Stat. 1874
Redesignated · 42 U.S.C. § 418(k)
Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (o) as (k). Former subsec. (k) redesignated (g)
Source evidence
Code amendment note
Subsec. (k). Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (o) as (k). Former subsec. (k) redesignated (g).Enacted provision · exact public law section
(1) Subsections (e), (h), (i), (j), (q), (r), (s), (t), and (w) of section 218 of the Social Security Act are repealed; and subsections (f), (g), (k), (1), (m), (n), (o), (p), and (u) of such section are redesignated as subsections (e), (f), (g), (h), (i), (j), (k), (1), and (m), respectively.Omnibus Budget Reconciliation Act of 1986
Pub. L. 99–509 § 9002(c)(1) · 100 Stat. 1874
Redesignated · 42 U.S.C. § 418(l)
Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (p) as (l). Former subsec. (l) redesignated (h)
Source evidence
Code amendment note
Subsec. (l). Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (p) as (l). Former subsec. (l) redesignated (h).Enacted provision · exact public law section
(1) Subsections (e), (h), (i), (j), (q), (r), (s), (t), and (w) of section 218 of the Social Security Act are repealed; and subsections (f), (g), (k), (1), (m), (n), (o), (p), and (u) of such section are redesignated as subsections (e), (f), (g), (h), (i), (j), (k), (1), and (m), respectively.Omnibus Budget Reconciliation Act of 1986
Pub. L. 99–509 § 9002(c)(1) · 100 Stat. 1874
Redesignated · 42 U.S.C. § 418(m)
Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (u) as (m). Former subsec. (m) redesignated (i)
Source evidence
Code amendment note
Subsec. (m). Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (u) as (m). Former subsec. (m) redesignated (i).Enacted provision · exact public law section
(1) Subsections (e), (h), (i), (j), (q), (r), (s), (t), and (w) of section 218 of the Social Security Act are repealed; and subsections (f), (g), (k), (1), (m), (n), (o), (p), and (u) of such section are redesignated as subsections (e), (f), (g), (h), (i), (j), (k), (1), and (m), respectively.Omnibus Budget Reconciliation Act of 1986
Pub. L. 99–509 § 9002(c)(1) · 100 Stat. 1874
Redesignated · 42 U.S.C. § 418(n)(p)
Pub. L. 99–509, § 9002(c)(1), redesignated subsecs. (n) to (p) as (j) to (l), respectively
Source evidence
Code amendment note
Subsecs. (n) to (p). Pub. L. 99–509, § 9002(c)(1), redesignated subsecs. (n) to (p) as (j) to (l), respectively.Enacted provision · exact public law section
(1) Subsections (e), (h), (i), (j), (q), (r), (s), (t), and (w) of section 218 of the Social Security Act are repealed; and subsections (f), (g), (k), (1), (m), (n), (o), (p), and (u) of such section are redesignated as subsections (e), (f), (g), (h), (i), (j), (k), (1), and (m), respectively.Omnibus Budget Reconciliation Act of 1986
Pub. L. 99–509 § 9002(c)(1) · 100 Stat. 1874
Struck · 42 U.S.C. § 418(q)
Pub. L. 99–509, § 9002(c)(1), struck out subsec. (q) which provided time limitations on liability of States for amounts due under agreements under this section
Source evidence
Code amendment note
Subsec. (q). Pub. L. 99–509, § 9002(c)(1), struck out subsec. (q) which provided time limitations on liability of States for amounts due under agreements under this section.Enacted provision · exact public law section
(1) Subsections (e), (h), (i), (j), (q), (r), (s), (t), and (w) of section 218 of the Social Security Act are repealed; and subsections (f), (g), (k), (1), (m), (n), (o), (p), and (u) of such section are redesignated as subsections (e), (f), (g), (h), (i), (j), (k), (1), and (m), respectively.Omnibus Budget Reconciliation Act of 1986
Pub. L. 99–509 § 9002(c)(1) · 100 Stat. 1874
Struck · 42 U.S.C. § 418(r)
Pub. L. 99–509, § 9002(c)(1), struck out subsec. (r) which provided time limitations on credits and refunds of overpayments by States under agreements under this section
Source evidence
Code amendment note
Subsec. (r). Pub. L. 99–509, § 9002(c)(1), struck out subsec. (r) which provided time limitations on credits and refunds of overpayments by States under agreements under this section.Enacted provision · exact public law section
(1) Subsections (e), (h), (i), (j), (q), (r), (s), (t), and (w) of section 218 of the Social Security Act are repealed; and subsections (f), (g), (k), (1), (m), (n), (o), (p), and (u) of such section are redesignated as subsections (e), (f), (g), (h), (i), (j), (k), (1), and (m), respectively.Omnibus Budget Reconciliation Act of 1986
Pub. L. 99–509 § 9002(c)(1) · 100 Stat. 1874
Struck · 42 U.S.C. § 418(s)
Pub. L. 99–509, § 9002(c)(1), struck out subsec. (s) which related to review by Secretary
Source evidence
Code amendment note
Subsec. (s). Pub. L. 99–509, § 9002(c)(1), struck out subsec. (s) which related to review by Secretary.Enacted provision · exact public law section
(1) Subsections (e), (h), (i), (j), (q), (r), (s), (t), and (w) of section 218 of the Social Security Act are repealed; and subsections (f), (g), (k), (1), (m), (n), (o), (p), and (u) of such section are redesignated as subsections (e), (f), (g), (h), (i), (j), (k), (1), and (m), respectively.Omnibus Budget Reconciliation Act of 1986
Pub. L. 99–509 § 9002(c)(1) · 100 Stat. 1874
Struck · 42 U.S.C. § 418(t)
Pub. L. 99–509, § 9002(c)(1), struck out subsec. (t) which provided for judicial review of decisions by Secretary of Health and Human Services under former subsec. (s) of this section
Source evidence
Code amendment note
Subsec. (t). Pub. L. 99–509, § 9002(c)(1), struck out subsec. (t) which provided for judicial review of decisions by Secretary of Health and Human Services under former subsec. (s) of this section.Enacted provision · exact public law section
(1) Subsections (e), (h), (i), (j), (q), (r), (s), (t), and (w) of section 218 of the Social Security Act are repealed; and subsections (f), (g), (k), (1), (m), (n), (o), (p), and (u) of such section are redesignated as subsections (e), (f), (g), (h), (i), (j), (k), (1), and (m), respectively.Omnibus Budget Reconciliation Act of 1986
Pub. L. 99–509 § 9002(c)(1) · 100 Stat. 1874
Redesignated · 42 U.S.C. § 418(u)
Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (u) as (m)
Source evidence
Code amendment note
Subsec. (u). Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (u) as (m).Enacted provision · exact public law section
(1) Subsections (e), (h), (i), (j), (q), (r), (s), (t), and (w) of section 218 of the Social Security Act are repealed; and subsections (f), (g), (k), (1), (m), (n), (o), (p), and (u) of such section are redesignated as subsections (e), (f), (g), (h), (i), (j), (k), (1), and (m), respectively.Omnibus Budget Reconciliation Act of 1986
Pub. L. 99–509 § 9002(c)(1) · 100 Stat. 1874
Struck · 42 U.S.C. § 418(w)
Pub. L. 99–509, § 9002(c)(1), struck out subsec. (w) which read as follows: “Notwithstanding sections 3125(a), 6205(a)(5), 6413(a)(5), and 6413(c)(2)(G) of the Internal Revenue Code of 1954, any State shall make payments of the taxes imposed with respect to services of employees of such State and of a political subdivision thereof under sections 3101(b) and 3111(b) of such Code, and reports of such services, under the same procedures as apply to payments and reports under subsection (e) of this section, but only if any employees of such State or of such political subdivision thereof respectively are covered under an agreement pursuant to this section.”
Source evidence
Code amendment note
Subsec. (w). Pub. L. 99–509, § 9002(c)(1), struck out subsec. (w) which read as follows: “Notwithstanding sections 3125(a), 6205(a)(5), 6413(a)(5), and 6413(c)(2)(G) of the Internal Revenue Code of 1954, any State shall make payments of the taxes imposed with respect to services of employees of such State and of a political subdivision thereof under sections 3101(b) and 3111(b) of such Code, and reports of such services, under the same procedures as apply to payments and reports under subsection (e) of this section, but only if any employees of such State or of such political subdivision thereof respectively are covered under an agreement pursuant to this section.”Enacted provision · exact public law section
(1) Subsections (e), (h), (i), (j), (q), (r), (s), (t), and (w) of section 218 of the Social Security Act are repealed; and subsections (f), (g), (k), (1), (m), (n), (o), (p), and (u) of such section are redesignated as subsections (e), (f), (g), (h), (i), (j), (k), (1), and (m), respectively.Tax Reform Act of 1986
Pub. L. 99–514 title XVIII § 1883(a)(8) · 100 Stat. 2085
Substituted · 42 U.S.C. § 418(m)
Pub. L. 99–514 substituted “Retirement Fund” for “retirement fund” in heading
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–514 substituted “Retirement Fund” for “retirement fund” in heading.Enacted provision · exact public law section
(8) The heading of section 218(m) of such Act is amended to read as follows:Pub. L. 100–203 § 9023(c) · 101 Stat. 1330
Redesignated · 42 U.S.C. § 418(n)
Pub. L. 100–203, § 9023(c), redesignated subsec. (v) as (n)
Redesignated · 42 U.S.C. § 418(n)
Pub. L. 100–203, § 9023(c), redesignated pars. (4) and (5) as (3) and (4), respectively
Redesignated · 42 U.S.C. § 418(n)
Pub. L. 100–203, § 9023(c), struck out former par. (3) which had previously been struck out of subsec. (v) by section 4009(j)(7) of Pub. L. 100–203 prior to its redesignation as subsec. (n) by Pub. L. 100–203, § 9023(c)(1). See below
Source evidence
Code amendment note
Subsec. (n). Pub. L. 100–203, § 9023(c), redesignated subsec. (v) as (n), redesignated pars. (4) and (5) as (3) and (4), respectively, and struck out former par. (3) which had previously been struck out of subsec. (v) by section 4009(j)(7) of Pub. L. 100–203 prior to its redesignation as subsec. (n) by Pub. L. 100–203, § 9023(c)(1). See below.Enacted provision · exact public law section
(c) Section 218(v) of such Act is amended— 42 USC 418. (1) by striking “(v)” and inserting “(n)”; (2) by striking paragraph (3); and (3) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4) respectively.Pub. L. 100–203 § 9023(c)(1) · 101 Stat. 1330
Redesignated · 42 U.S.C. § 418(v)
Pub. L. 100–203, § 9023(c)(1), redesignated subsec. (v) as (n)
Source evidence
Code amendment note
Subsec. (v). Pub. L. 100–203, § 9023(c)(1), redesignated subsec. (v) as (n).Enacted provision · exact public law section
(1) by striking “(v)” and inserting “(n)”;Pub. L. 100–203 § 4009(j)(7) · 101 Stat. 1330
Struck · 42 U.S.C. § 418(v)(3)
Pub. L. 100–203, § 4009(j)(7), struck out par. (3) which read as follows: “Payments by the State required under subsection (e) of this section with respect to employees covered under this subsection shall be limited to amounts equivalent to the sum of the taxes which would be imposed by sections 3101(b) and 3111(b) of the Internal Revenue Code of 1954 if such services for which wages were paid to such employees constituted ‘employment’ as defined in section 3121 of such Code.”
Source evidence
Code amendment note
Subsec. (v)(3). Pub. L. 100–203, § 4009(j)(7), struck out par. (3) which read as follows: “Payments by the State required under subsection (e) of this section with respect to employees covered under this subsection shall be limited to amounts equivalent to the sum of the taxes which would be imposed by sections 3101(b) and 3111(b) of the Internal Revenue Code of 1954 if such services for which wages were paid to such employees constituted ‘employment’ as defined in section 3121 of such Code.”Enacted provision · exact public law section
(7) Section 218(v) of the Social Security Act (42 U.S.C. 418(v)) is amended by striking paragraph (3).Miscellaneous and Technical Social Security Act Amendments of 1989
Pub. L. 101–239 title X § 10208(d)(2)(A)(v) · 103 Stat. 2106
Substituted · 42 U.S.C. § 418(c)(5)
Pub. L. 101–239 substituted “subparagraph (B) of section 409(a)(7)” for “paragraph (2) of section 409(h)”
Source evidence
Code amendment note
Subsec. (c)(5). Pub. L. 101–239 substituted “subparagraph (B) of section 409(a)(7)” for “paragraph (2) of section 409(h)”.Enacted provision · exact public law section
(v) in section 218(c)(5), by striking “paragraph (2) of 42 USC 418. section 209(h)” and inserting “subparagraph (B) of section 209(a)(7)”; andRevenue Reconciliation Act of 1990
Pub. L. 101–508 title XI § 11332(c) · 104 Stat. 1388
Added · 42 U.S.C. § 418(c)(6)(F)
Pub. L. 101–508 added subpar. (F)
Source evidence
Code amendment note
Subsec. (c)(6)(F). Pub. L. 101–508 added subpar. (F).Enacted provision · exact public law section
(c) Mandatory Exclusion of Certain Employees from State Agreements.— Section 218(c)(6) of the Social Security Act (42 U.S.C. 418(c)(6)) is amended— (1) by striking “and” at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting in lieu thereof “, and”; and (3) by adding at the end the following new subparagraph: “(F) service described in section 210(a)(7)(F) which is included as ‘employment’ under section 210(a).”.Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
Substituted · 42 U.S.C. § 418(a)(1); 42 U.S.C. § 418(c)(4)
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”
Source evidence
Code amendment note
Subsecs. (a)(1), (c)(4). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.Enacted provision · exact public law section
(4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,Pub. L. 103–296 § 321(a)(18) · 108 Stat. 1464
Changed · 42 U.S.C. § 418(c)(6)(F)
Pub. L. 103–296, § 321(a)(18), realigned margin
Source evidence
Code amendment note
Subsec. (c)(6)(F). Pub. L. 103–296, § 321(a)(18), realigned margin.Enacted provision · exact public law section
(18) Subparagraph (F) of section 218(c)(6) of such Act (42 U.S.C. 418(c)(6)) is amended by adjusting the left-hand margination thereof so as to align with section 218(c)(6)(E) of such Act.Pub. L. 103–296 § 303(c) · 108 Stat. 1464
Substituted · 42 U.S.C. § 418(c)(8)
Pub. L. 103–296, § 303(c), (d), substituted “at any time” for “on or after January 1, 1968,”
Substituted · 42 U.S.C. § 418(c)(8)
Pub. L. 103–296, § 303(c), (d), substituted “$1,000 with respect to service performed during any calendar year commencing on or after January 1, 1995, ending on or before December 31, 1999, and the adjusted amount determined under subparagraph (B) for any calendar year commencing on or after January 1, 2000, with respect to service performed during such calendar year” for “$100”
Substituted · 42 U.S.C. § 418(c)(8)
Pub. L. 103–296, § 303(c), (d), substituted “Any modification of an agreement pursuant to this paragraph shall be effective with respect to services performed in and after the calendar year in which the modification is mailed or delivered by other means to the Secretary.” for “Any modification of an agreement pursuant to this paragraph shall be effective with respect to services performed after an effective date, specified in such modification, which shall not be earlier than the last day of the calendar quarter in which the modification is mailed or delivered by other means to the Secretary.”
Inserted · 42 U.S.C. § 418(c)(8)
Pub. L. 103–296, § 303(c), (d), inserted subpar. (A) designation
Added · 42 U.S.C. § 418(c)(8)
Pub. L. 103–296, § 303(c), (d), added subpar. (B)
Source evidence
Code amendment note
Subsec. (c)(8). Pub. L. 103–296, § 303(c), (d), substituted “at any time” for “on or after January 1, 1968,”, substituted “$1,000 with respect to service performed during any calendar year commencing on or after January 1, 1995, ending on or before December 31, 1999, and the adjusted amount determined under subparagraph (B) for any calendar year commencing on or after January 1, 2000, with respect to service performed during such calendar year” for “$100”, substituted “Any modification of an agreement pursuant to this paragraph shall be effective with respect to services performed in and after the calendar year in which the modification is mailed or delivered by other means to the Secretary.” for “Any modification of an agreement pursuant to this paragraph shall be effective with respect to services performed after an effective date, specified in such modification, which shall not be earlier than the last day of the calendar quarter in which the modification is mailed or delivered by other means to the Secretary.”, inserted subpar. (A) designation, and added subpar. (B).Enacted provision · exact public law section
(c) Authority for States to Modify Coverage Agreements With Respect to Election Officials and Election Workers.— Section 218(c)(8) of the Social Security Act (42 U.S.C. 418(c)(8)) is amended— (1) by striking “on or after January 1, 1968,” and inserting “at any time”; (2) by striking “$100” and inserting “$1,000 with respect to service performed during any calendar year commencing on or after January 1, 1995, ending on or before December 31, 1999, and the adjusted amount determined under subparagraph (B) for any calendar year commencing on or after January 1, 2000, with respect to service performed during such calendar year”; and (3) by striking the last sentence and inserting the following new sentence: “Any modification of an agreement pursuant to this paragraph shall be effective with respect to services performed in and after the calendar year in which the modification is mailed or delivered by other means to the Secretary.”.Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
Amended · 42 U.S.C. § 418(c)(8)
Pub. L. 103–296, § 107(a)(4), in par. (8) as amended by Pub. L. 103–296, § 303(c), (d)
Substituted · 42 U.S.C. § 418(c)(8)
Pub. L. 103–296, § 107(a)(4), in par. (8) as substituted “Commissioner of Social Security” for “Secretary” in last sentence of subpar. (A) and in introductory and closing provisions of subpar. (B)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–296, § 107(a)(4), in par. (8) as amended by Pub. L. 103–296, § 303(c), (d), substituted “Commissioner of Social Security” for “Secretary” in last sentence of subpar. (A) and in introductory and closing provisions of subpar. (B).Enacted provision · exact public law section
(4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
Substituted · 42 U.S.C. § 418(d)(3); 42 U.S.C. § 418(6)(F); 42 U.S.C. § 418(d)(7)
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”
Source evidence
Code amendment note
Subsec. (d)(3), (6)(F), (7). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.Enacted provision · exact public law section
(4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,Pub. L. 103–296 § 305(b) · 108 Stat. 1464
Substituted · 42 U.S.C. § 418(d)(8)(D)
Pub. L. 103–296, § 305(b), substituted “State agreements modified as provided in” for “agreements with the States named in”
Source evidence
Code amendment note
Subsec. (d)(8)(D). Pub. L. 103–296, § 305(b), substituted “State agreements modified as provided in” for “agreements with the States named in”.Enacted provision · exact public law section
(b) Conforming Amendment.— Section 218(d)(8)(D) of such Act (42 U.S.C. 418(d)(8)(D)) is amended by striking “agreements with the States named in” and inserting “State agreements modified as provided in”.Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
Substituted · 42 U.S.C. § 418(e)(1); 42 U.S.C. § 418(e)(2)
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”
Source evidence
Code amendment note
Subsec. (e)(1), (2). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.Enacted provision · exact public law section
(4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,Pub. L. 103–296 § 321(c)(6)(I) · 108 Stat. 1464
Substituted · 42 U.S.C. § 418(e)(3)
Pub. L. 103–296, § 321(c)(6)(I), substituted “1986” for “1954” after “Code of”
Source evidence
Code amendment note
Subsec. (e)(3). Pub. L. 103–296, § 321(c)(6)(I), substituted “1986” for “1954” after “Code of”.Enacted provision · exact public law section
(I) in section 218(e)(3) (42 U.S.C. 418(e)(3)),Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
Substituted · 42 U.S.C. § 418(g)(1); 42 U.S.C. § 418(g)(h)
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in subsec. (h)
Substituted · 42 U.S.C. § 418(g)(1); 42 U.S.C. § 418(g)(h)
Pub. L. 103–296, § 107(a)(4), substituted “the Commissioner’s” for “his” in subsec. (h)
Source evidence
Code amendment note
Subsecs. (g)(1), (h). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in subsecs. (g)(1) and (h) and “the Commissioner’s” for “his” in subsec. (h).Enacted provision · exact public law section
(4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,Pub. L. 103–296 § 305(a) · 108 Stat. 1464
Struck · 42 U.S.C. § 418(l)
Pub. L. 103–296, § 305(a), struck out par. (1) designation before “Any agreement with”
Substituted · 42 U.S.C. § 418(l)
Pub. L. 103–296, § 305(a), substituted “a State entered into pursuant to this section” for “the State of Alabama, California, Florida, Georgia, Hawaii, Idaho, Kansas, Maine, Maryland, Mississippi, Montana, New York, North Carolina, North Dakota, Oregon, Puerto Rico, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, or Washington entered into pursuant to this section prior to August 1, 1956,”
Struck · 42 U.S.C. § 418(l)
Pub. L. 103–296, § 305(a), struck out par. (2) which read as follows: “A State, not otherwise listed by name in paragraph (1), shall be deemed to be a State listed in such paragraph for the purpose of extending coverage under this subchapter to service in firemen’s positions covered by a retirement system, if the governor of the State, or an official of the State designated by him for the purpose, certifies to the Secretary that the overall benefit protection of the employees in such positions would be improved by reason of the extension of such coverage to such employees. Notwithstanding the provisions of the second sentence of such paragraph (1), such firemen’s positions shall be deemed a separate retirement system and no other positions shall be included in such system.”
Source evidence
Code amendment note
Subsec. (l). Pub. L. 103–296, § 305(a), struck out par. (1) designation before “Any agreement with”, substituted “a State entered into pursuant to this section” for “the State of Alabama, California, Florida, Georgia, Hawaii, Idaho, Kansas, Maine, Maryland, Mississippi, Montana, New York, North Carolina, North Dakota, Oregon, Puerto Rico, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, or Washington entered into pursuant to this section prior to August 1, 1956,”, and struck out par. (2) which read as follows: “A State, not otherwise listed by name in paragraph (1), shall be deemed to be a State listed in such paragraph for the purpose of extending coverage under this subchapter to service in firemen’s positions covered by a retirement system, if the governor of the State, or an official of the State designated by him for the purpose, certifies to the Secretary that the overall benefit protection of the employees in such positions would be improved by reason of the extension of such coverage to such employees. Notwithstanding the provisions of the second sentence of such paragraph (1), such firemen’s positions shall be deemed a separate retirement system and no other positions shall be included in such system.”Enacted provision · exact public law section
(a) In General.— Section 218(1) of the Social Security Act (42 U.S.C. 418(1)) is amended— (1) in paragraph (1), by striking “(1)” after “(1)”, and by striking “the State of” and all that follows through “prior to the date of enactment of this subsection” and inserting “a State entered into pursuant to this section”; and (2) by striking paragraph (2).Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
Substituted · 42 U.S.C. § 418(m)(3); 42 U.S.C. § 418(m)(4); 42 U.S.C. § 418(n)(1)
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”
Source evidence
Code amendment note
Subsecs. (m)(3), (4), (n)(1). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.Enacted provision · exact public law section
(4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,Pub. L. 108–203 title IV § 416(a) · 118 Stat. 493
Inserted · 42 U.S.C. § 418(d)(6)(C)
Pub. L. 108–203 inserted “Kentucky, Louisiana,” after “Illinois,”
Source evidence
Code amendment note
Subsec. (d)(6)(C). Pub. L. 108–203 inserted “Kentucky, Louisiana,” after “Illinois,”.Enacted provision · exact public law section
(a) In General.— Section 218(d)(6)(C) of the Social Security Act (42 U.S.C. 418(d)(6)(C)) is amended by inserting “Kentucky, Louisiana,” after “Illinois,”.Effective date note
Pub. L. 108–203, title IV, § 416(b), Mar. 2, 2004, 118 Stat. 530, provided that: “The amendment made by subsection (a) [amending this section] takes effect on January 1, 2003.”
137 of 171 references resolved to an enrolled provision · 11 partial · 23 unresolved
Editorial Notes
References in Text
Section 6 of the National Guard Technicians Act of 1968, referred to in subsec. (b)(5), is section 6 of Pub. L. 90–486, which is set out as a note under section 709 of Title 32, National Guard.
The Internal Revenue Code of 1986, referred to in subsec. (e)(3), is classified to Title 26, Internal Revenue Code.
Amendments1952–2004 · 25 rounds
2004
Subsec. (d)(6)(C). Pub. L. 108–203 inserted “Kentucky, Louisiana,” after “Illinois,”.
1994
Subsecs. (a)(1), (c)(4). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.
Subsec. (c)(6)(F). Pub. L. 103–296, § 321(a)(18), realigned margin.
Subsec. (c)(8). Pub. L. 103–296, § 303(c), (d), substituted “at any time” for “on or after ,”, substituted “$1,000 with respect to service performed during any calendar year commencing on or after , ending on or before , and the adjusted amount determined under subparagraph (B) for any calendar year commencing on or after , with respect to service performed during such calendar year” for “$100”, substituted “Any modification of an agreement pursuant to this paragraph shall be effective with respect to services performed in and after the calendar year in which the modification is mailed or delivered by other means to the Secretary.” for “Any modification of an agreement pursuant to this paragraph shall be effective with respect to services performed after an effective date, specified in such modification, which shall not be earlier than the last day of the calendar quarter in which the modification is mailed or delivered by other means to the Secretary.”, inserted subpar. (A) designation, and added subpar. (B).
Pub. L. 103–296, § 107(a)(4), in par. (8) as amended by Pub. L. 103–296, § 303(c), (d), substituted “Commissioner of Social Security” for “Secretary” in last sentence of subpar. (A) and in introductory and closing provisions of subpar. (B).
Subsec. (d)(3), (6)(F), (7). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.
Subsec. (d)(8)(D). Pub. L. 103–296, § 305(b), substituted “State agreements modified as provided in” for “agreements with the States named in”.
Subsec. (e)(1), (2). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.
Subsec. (e)(3). Pub. L. 103–296, § 321(c)(6)(I), substituted “1986” for “1954” after “Code of”.
Subsecs. (g)(1), (h). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in subsecs. (g)(1) and (h) and “the Commissioner’s” for “his” in subsec. (h).
Subsec. (l). Pub. L. 103–296, § 305(a), struck out par. (1) designation before “Any agreement with”, substituted “a State entered into pursuant to this section” for “the State of Alabama, California, Florida, Georgia, Hawaii, Idaho, Kansas, Maine, Maryland, Mississippi, Montana, New York, North Carolina, North Dakota, Oregon, Puerto Rico, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, or Washington entered into pursuant to this section prior to ,”, and struck out par. (2) which read as follows: “A State, not otherwise listed by name in paragraph (1), shall be deemed to be a State listed in such paragraph for the purpose of extending coverage under this subchapter to service in firemen’s positions covered by a retirement system, if the governor of the State, or an official of the State designated by him for the purpose, certifies to the Secretary that the overall benefit protection of the employees in such positions would be improved by reason of the extension of such coverage to such employees. Notwithstanding the provisions of the second sentence of such paragraph (1), such firemen’s positions shall be deemed a separate retirement system and no other positions shall be included in such system.”
Subsecs. (m)(3), (4), (n)(1). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.
1990
Subsec. (c)(6)(F). Pub. L. 101–508 added subpar. (F).
1989
Subsec. (c)(5). Pub. L. 101–239 substituted “subparagraph (B) of section 409(a)(7)” for “paragraph (2) of section 409(h)”.
1987
Subsec. (n). Pub. L. 100–203, § 9023(c), redesignated subsec. (v) as (n), redesignated pars. (4) and (5) as (3) and (4), respectively, and struck out former par. (3) which had previously been struck out of subsec. (v) by section 4009(j)(7) of Pub. L. 100–203 prior to its redesignation as subsec. (n) by Pub. L. 100–203, § 9023(c)(1). See below.
Subsec. (v). Pub. L. 100–203, § 9023(c)(1), redesignated subsec. (v) as (n).
Subsec. (v)(3). Pub. L. 100–203, § 4009(j)(7), struck out par. (3) which read as follows: “Payments by the State required under subsection (e) of this section with respect to employees covered under this subsection shall be limited to amounts equivalent to the sum of the taxes which would be imposed by sections 3101(b) and 3111(b) of the Internal Revenue Code of 1954 if such services for which wages were paid to such employees constituted ‘employment’ as defined in section 3121 of such Code.”
1986
Subsec. (d)(6). Pub. L. 99–509, § 9002(c)(2)(C), substituted “subsection (e)” for “subsection (f)” in subpar. (A), and “subsection (e)(1)” for “subsection (f)(1)” in subpar. (F).
Subsec. (d)(8)(D). Pub. L. 99–509, § 9002(c)(2)(D), substituted “subsection (l)” for “subsection (p)”.
Subsec. (e). Pub. L. 99–509, § 9002(c)(1), (2)(E), redesignated subsec. (f) as (e), substituted “Any agreement” for “Except as provided in subsection (e)(2) of this section, any agreement”, and struck out former subsec. (e) which required that agreements under this section include certain provisions relating to payments and reports by States and allowed inclusion of certain provisions relating to employees employed by two or more political subdivisions of a State.
Subsec. (f). Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).
Subsec. (f)(1). Pub. L. 99–272, § 12110(a), substituted “is mailed or delivered by other means to the Secretary” for “is agreed to by the Secretary and the State”.
Subsec. (g). Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (k) as (g). Former subsec. (g) redesignated (f).
Subsec. (h). Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (l) as (h) and struck out former subsec. (h) which required that amounts received by the Secretary of the Treasury under an agreement made under this section be deposited in the Trust Funds and the Federal Hospital Insurance Trust Fund in certain ratio and provided for adjustment of amount due if more or less than correct amount due is paid.
Subsec. (i). Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (m) as (i) and struck out former subsec. (i), relating to regulations of the Secretary.
Subsec. (j). Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (n) as (j) and struck out former subsec. (j) which read as follows: “In case any State does not make, at the time or times due, the payments provided for under an agreement pursuant to this section, there shall be added, as part of the amounts due, interest at the rate of 6 per centum per annum from the date due until paid, and the Secretary may, in his discretion, deduct such amounts plus interest from any amounts certified by him to the Secretary of the Treasury for payment to such State under any other provision of this chapter. Amounts so deducted shall be deemed to have been paid to the State under such other provision of this chapter. Amounts equal to the amounts deducted under this subsection are hereby appropriated to the Trust Funds in the ratio in which amounts are deposited in such Funds pursuant to subsection (h)(1) of this section.”
Subsec. (k). Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (o) as (k). Former subsec. (k) redesignated (g).
Subsec. (l). Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (p) as (l). Former subsec. (l) redesignated (h).
Subsec. (m). Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (u) as (m). Former subsec. (m) redesignated (i).
Pub. L. 99–514 substituted “Retirement Fund” for “retirement fund” in heading.
Subsecs. (n) to (p). Pub. L. 99–509, § 9002(c)(1), redesignated subsecs. (n) to (p) as (j) to (l), respectively.
Subsec. (q). Pub. L. 99–509, § 9002(c)(1), struck out subsec. (q) which provided time limitations on liability of States for amounts due under agreements under this section.
Subsec. (r). Pub. L. 99–509, § 9002(c)(1), struck out subsec. (r) which provided time limitations on credits and refunds of overpayments by States under agreements under this section.
Subsec. (s). Pub. L. 99–509, § 9002(c)(1), struck out subsec. (s) which related to review by Secretary.
Subsec. (t). Pub. L. 99–509, § 9002(c)(1), struck out subsec. (t) which provided for judicial review of decisions by Secretary of Health and Human Services under former subsec. (s) of this section.
Subsec. (u). Pub. L. 99–509, § 9002(c)(1), redesignated subsec. (u) as (m).
Subsec. (u)(3). Pub. L. 99–272, § 12110(b), substituted “is mailed or delivered by other means to the Secretary” for “is agreed to by the Secretary and the State”.
Subsec. (v). Pub. L. 99–272, § 13205(c), added subsec. (v).
Subsec. (w). Pub. L. 99–509, § 9002(c)(1), struck out subsec. (w) which read as follows: “Notwithstanding sections 3125(a), 6205(a)(5), 6413(a)(5), and 6413(c)(2)(G) of the Internal Revenue Code of 1954, any State shall make payments of the taxes imposed with respect to services of employees of such State and of a political subdivision thereof under sections 3101(b) and 3111(b) of such Code, and reports of such services, under the same procedures as apply to payments and reports under subsection (e) of this section, but only if any employees of such State or of such political subdivision thereof respectively are covered under an agreement pursuant to this section.”
Pub. L. 99–272, § 13205(c), added subsec. (w).
1984
Subsecs. (a)(1), (c)(4), (d)(3), (7), (h)(2), (3). Pub. L. 98–369, § 2663(j)(3)(A)(iii), struck out “of Health, Education, and Welfare” after “Secretary” wherever appearing.
Subsec. (i). Pub. L. 98–369, § 2663(j)(3)(A)(iii), struck out “of Health, Education, and Welfare” after “Secretary”.
Pub. L. 98–369, § 2663(a)(13), substituted “chapter 21 and subtitle F of the Internal Revenue Code of 1954” for “subchapter A or E of chapter 9 of the Internal Revenue Code of 1939”.
Subsecs. (j), (k)(1), (l), (p)(2). Pub. L. 98–369, § 2663(j)(3)(A)(iii), struck out “of Health, Education, and Welfare” after “Secretary” wherever appearing.
Subsecs. (q)(4)(B), (6)(B), (r)(1). Pub. L. 98–369, § 2663(j)(2)(A)(ii), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare” wherever appearing.
1983
Subsec. (e)(1)(A). Pub. L. 98–21, § 342(a), amended subpar. (A) generally, designating existing provisions as cl. (i), and in (i) as so designated, substituting “on the last day of each calendar month” for “within the thirty-day period immediately following the last day of each calendar month” and inserting “with respect to the period which includes the first fifteen days of such calendar month” before “if the services”, and adding cl. (ii).
Subsec. (g). Pub. L. 98–21, § 103(a), amended subsec. (g) generally, substituting provision that no agreement under this section may be terminated on or after , for provision that had authorized the termination of agreements of States with the Secretary conditioned upon the giving of advance notice.
Subsec. (o). Pub. L. 98–21, § 325(a), inserted provision that coverage provided for in this subsection shall not be affected by a subsequent change in the name of a group.
1980
Subsec. (e)(1)(A). Pub. L. 96–265, § 503(a), substituted “(A) that the State will pay to the Secretary of the Treasury, within the thirty-day period immediately following the last day of each calendar month, amounts equivalent to the sum of the taxes which would be imposed by sections 3101 and 3111 of the Internal Revenue Code of 1954 if the services for which wages were paid in such month to employees covered by the agreement constituted employment as defined in section 3121 of such Code” for “(A) that the State will pay to the Secretary of the Treasury, at such time or times as the Secretary of Health, Education, and Welfare may by regulations prescribe, amounts equivalent to the sum of the taxes which would be imposed by sections 1400 and 1410 of the Internal Revenue Code of 1939, if the services of employees covered by the agreement constituted employment as defined in section 1426 of the Internal Revenue Code of 1939”.
1977
Subsec. (c)(8). Pub. L. 95–216, § 353(b)(1), substituted “year” for “quarter” and “$100” for “$50”.
Subsec. (d)(6)(C). Pub. L. 95–216, § 320, inserted reference to New Jersey.
Subsec. (g)(1). Pub. L. 95–216, § 353(b)(2), substituted “year” for “quarter”.
Subsec. (m)(1). Pub. L. 95–216, § 321, inserted “or any successor system” after “Wisconsin retirement fund”.
Subsec. (p)(1). Pub. L. 95–216, § 319, inserted reference to Mississippi.
Subsec. (q)(4)(B). Pub. L. 95–216, § 353(b)(3), substituted references to calendar years for references to calendar quarters wherever appearing.
Subsec. (q)(6)(B). Pub. L. 95–216, § 353(b)(4), substituted “period or periods designated by the State in such wage reports as the period or” for “calendar quarters designated by the State in such wage reports as the”.
Subsec. (r)(1). Pub. L. 95–216, § 353(b)(5), in provisions preceding cl. (A) and in cl. (B) substituted “year” for “quarter”, and in cl. (A) struck out “in which occurred the calendar quarter” after “year”.
1974
Subsec. (p)(1). Priv. L. 93–107 inserted “Montana,” after “Maryland,”.
1972
Subsec. (p)(1). Pub. L. 92–603 inserted “Idaho,” after “Hawaii,”.
1968
Subsec. (b)(5). Pub. L. 90–486 substituted provisions pertaining to the coverage of persons employed under section 709 of title 32, who elected under section 6 of the National Guard Technicians Act of 1968 to remain covered by an employee retirement system of, or plan sponsored by, a state or the Commonwealth of Puerto Rico, such persons, for the purposes of this chapter, to be considered employees of the state or the Commonwealth of Puerto Rico, for provisions pertaining to the coverage of civilian employees of National Guard units of a state who are employed pursuant to section 42 of title 32, and who are paid from funds allotted to such units by the Department of the Defense, such persons, for the purposes of this section, to be deemed employees of the state.
Subsec. (c)(3). Pub. L. 90–248, § 116(b)(1)(A), struck out subpar. (A) which provided for the exclusion of any service of an emergency nature and redesignated subpars. (B) and (C) as (A) and (B), respectively.
Subsec. (c)(4). Pub. L. 90–248, § 116(b)(1)(B), substituted “(3)(B)” for “(3)(C)”.
Subsec. (c)(6)(E). Pub. L. 90–248, § 116(b)(2), added subpar. (E).
Subsec. (c)(7). Pub. L. 90–248, § 116(b)(1)(B), substituted “(3)(B)” for “(3)(C)”.
Subsec. (c)(8). Pub. L. 90–248, § 116(c), added par. (8).
Subsec. (d)(4)(C). Pub. L. 90–248, § 116(b)(1)(C), substituted “(c)(3)(B)” for “(c)(3)(C)”.
Subsec. (d)(5)(B). Pub. L. 90–248, § 116(b)(1)(B), substituted “(3)(B)” for “(3)(C)” wherever appearing.
Subsec. (d)(6)(C). Pub. L. 90–248, § 117, inserted “Illinois,” after “Georgia,”.
Subsec. (d)(6)(D). Pub. L. 90–248, § 116(a), designated existing provisions as cl. (i) and added cl. (ii).
Subsec. (d)(6)(F). Pub. L. 90–248, § 116(d), substituted “1970” for “1967”.
Subsec. (f)(3). Pub. L. 90–248, § 121, added par. (3).
Subsec. (p). Pub. L. 90–248, §§ 119(a), 120(a), designated existing provisions as par. (1), inserted “Puerto Rico,” after “Oregon,”, and added par. (2).
Subsec. (u). Pub. L. 90–248, § 122(d), added subsec. (u).
1965
Subsec. (d)(6)(C). Pub. L. 89–97, § 314, inserted “Alaska,” before “California”.
Subsec. (d)(6)(F). Pub. L. 89–97, § 315, substituted “1967” for “1963”.
Subsec. (h)(1). Pub. L. 89–97, § 108(b), substituted “Trust Funds and the Federal Hospital Insurance Trust Fund in the ratio in which amounts are appropriated to such Funds pursuant to subsection (a)(3) of section 401 of this title, subsection (b)(1) of such section, and subsection (a)(1) of section 1395i of this title, respectively” for “Trust Funds in the ratio in which amounts are appropriated to such Funds pursuant to subsections (a)(3) and (b)(1) of section 401 of this title”.
1964
Subsec. (d)(6)(C). Pub. L. 88–382 included retirement systems established by Nevada.
Subsec. (p). Pub. L. 88–350 inserted reference to Texas.
1962
Subsec. (p). Pub. L. 87–878 inserted reference to Maine.
1961
Subsec. (d)(6)(C). Pub. L. 87–64, § 107, included retirement system established by the State of New Mexico.
Subsec. (d)(6)(F). Pub. L. 87–64, § 106, substituted “prior to 1963 or, if later, the expiration of two years after the date” for “prior to 1960 or, if later the expiration of one year after the date”, and inserted sentence providing that any such modification or later modification, providing for the transfer of additional positions within a retirement system previously divided pursuant to subpar. (C) to the separate retirement system composed of positions of members who desire coverage, shall be effective with respect to services performed after the same effective date as that which was specified in the case of such previous division.
1960
Subsec. (b)(1). Pub. L. 86–778, § 103(i), excluded Guam and American Samoa from definition of “State”.
Subsec. (c)(6)(C). Pub. L. 86–778, § 103(j)(2)(G), substituted “section 410(k)” for “section 410(l)”.
Subsec. (d)(3). Pub. L. 86–778, § 102(a)(1), authorized certification by an official of the State designated by the Governor for that purpose.
Subsec. (d)(6). Pub. L. 86–624, § 30(e), substituted “Hawaii” for “the Territory of Hawaii” in cl. (C) and (G), and struck out “or Territory” after “State” in two places in cl. (C) and in seven places in cl. (G).
Subsec. (d)(6)(A). Pub. L. 86–778, § 102(c)(2), authorized a State, where a retirement system covering positions of employees of a State and positions of employees of one or more political subdivisions of the State, or covering positions of employees of two or more political subdivisions of the State, is not divided into separate retirement systems, to deem the system, for purposes of subsec. (f) of this section, to be a separate retirement system with respect to any one or more of the political subdivisions concerned and, where the retirement system covers positions of employees of the State, a separate retirement system with respect to the State or any one or more of the political subdivisions concerned.
Subsec. (d)(6)(B). Pub. L. 86–778, § 102(g), inserted sentences providing that if a retirement system covers positions of employees of a hospital which is an integral part of a political subdivision, then, for purposes of preceding paragraphs there shall, if the State so desires, be deemed to be a separate retirement system for the employees of such hospital.
Subsec. (d)(6)(C). Pub. L. 86–778, § 102(b)(1), (l), inserted sentence requiring the positions of individuals, who become members of a separate retirement system which has been divided into two divisions or parts by reason of action taken by a political subdivision after coverage under an agreement under this section has been extended to the division or part thereof composed of positions of individuals who desire such coverage, to be included in the division or part of such system composed of positions of members who do not desire such coverage if such individuals, on the day before becoming such members, were in the division or part of another separate retirement system composed of positions of members who do not desire coverage under an agreement and all of the positions in the system of which such individuals so become members and all of the positions in the separate retirement system would have been covered by a single retirement system if the State had not taken action to provide for separate retirement systems, and included retirement systems established by the State of Texas.
Subsec. (d)(7). Pub. L. 86–778, § 102(a)(2), included certifications made by an official of the State designated by the Governor for that purpose.
Subsec. (e). Pub. L. 86–778, § 102(e)(1), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), and added par. (2).
Subsec. (f)(1). Pub. L. 86–778, § 102(c)(1), (e)(2), inserted exception to subsection (e)(2) of this section, and substituted provisions restricting the effective date of any agreement of modification to a date not earlier than the last day of the sixth calendar year preceding the year in which such agreement or modification is agreed to by the Secretary and the State for provisions which specified the effective date of agreements or modifications entered into prior to 1960 and which limited the effective date of agreements or modifications entered into after 1959 to a date not earlier than the last day of the calendar year preceding the year in which such agreement or modification is agreed to by the Secretary and the State.
Subsec. (p). Pub. L. 86–778, § 102(d), inserted reference to Virginia.
Pub. L. 86–624, § 30(f), substituted “Hawaii” for “Territory of Hawaii”.
Subsecs. (q) to (t). Pub. L. 86–778, § 102(f)(1), added subsecs. (q) to (t).
1959
Subsec. (p). Pub. L. 86–284 inserted reference to California, Kansas, North Dakota, and Vermont.
1958
Subsec. (d)(6). Pub. L. 85–840, § 315(a)(1), designated first sentence as subpar. (A), second and third sentences as subpar. (B), fourth sentence as subpar. (C), fifth sentence as subpar. (D), and sixth sentence as subpar. (G), added subpars. (E) and (F), and amended subpar. (C) to include retirement systems established by the States of Massachusetts and Vermont.
Pub. L. 85–787 added Massachusetts and Vermont to States authorized to divide their retirement systems into two parts, and inserted sentence permitting transfer, in cases of divided retirement system, of members not desiring coverage to system of members desiring coverage.
Subsec. (d)(7). Pub. L. 85–840, § 315(a)(2), substituted “(created under subparagraph (C) of paragraph (6) of this subsection or the corresponding provision of prior law)” for “(created under the fourth sentence of paragraph (6) of this subsection)”, and “subparagraphs (C) and (D) of paragraph (6) of this subsection or the corresponding provision of prior law” for “the fourth and fifth sentences of paragraph (6) of this subsection”.
Subsec. (d)(8). Pub. L. 85–840, § 315(b), added par. (8).
Subsec. (f). Pub. L. 85–840, § 315(c)(1), designated existing provisions as par. (1), redesignated cls. (1) to (4) of par. (1) as cls. (A) to (D), and added par. (2).
Subsec. (k)(2). Pub. L. 85–840, § 315(a)(3), inserted provisions requiring an individual who is in a position covered by a retirement system divided pursuant to the preceding sentence and who is not a member of such system but is eligible to become a member thereof to be regarded, for the purposes of this subsection, as a member of such system, and providing for coverage under the agreement of any such individual.
Subsec. (k)(3). Pub. L. 85–798, § 2, added par. (3).
Subsec. (p). Pub. L. 85–798, § 3, included agreements with the State of Washington.
1957
Subsec. (d)(6). Pub. L. 85–227 authorized the States of California, Connecticut, Minnesota, and Rhode Island, or any political subdivisions thereof, to divide their retirement system into two divisions or parts.
Subsec. (d)(7). Pub. L. 85–229 added par. (7).
Subsec. (f)(3). Pub. L. 85–226, § 3, added par. (3). Former par. (3) redesignated (4).
Subsec. (f)(4). Pub. L. 85–226, § 3, redesignated former par. (3) as (4), and substituted “1959” for “1957”.
Subsec. (k). Pub. L. 85–226, § 1, redesignated existing provisions as par. (1) and added par. (2).
Subsec. (p). Pub. L. 85–226, § 2, included agreements with the States of Alabama, Georgia, Maryland, New York, and Tennessee, or the Territory of Hawaii.
1956
Subsec. (d)(6). Act , § 104(e), authorized the State of Florida, Georgia, New York, North Dakota, Pennsylvania, Tennessee, Washington, Wisconsin, or the Territory of Hawaii, or any political subdivision thereof, to divide their retirement system into two divisions or parts, and provided for a separate retirement system with respect to employees of the States of Florida, Georgia, Minnesota, North Dakota, Pennsylvania, Washington, or the Territory of Hawaii who are compensated in whole or in part from grants under subchapter III of this chapter.
Subsec. (h)(1). Act , § 103(f), required amounts to be deposited in the Trust Funds in the ratio in which amounts are appropriated to such Funds pursuant to section 401(a)(3), (b)(1), of this title.
Subsec. (j). Act , § 103(g), substituted “Secretary of Health, Education, and Welfare” for “Administrator”, and provided for appropriation of amounts in the ratio in which amounts are deposited in the Trust Funds pursuant to subsection (h)(1) of this section.
Subsec. (p). Act , § 104(g), added subsec. (p).
1954
Subsec. (b)(5). Act , § 101(i)(1), (2), inserted sentence at end relating to civilian employees of State National Guard units and a sentence relating to certain State inspectors of agricultural products.
Subsec. (c)(3). Act , § 101(h)(3), inserted an additional optional exclusion with respect to all services performed by individuals as members of any coverage group who are in positions covered by a retirement system on the date when the group is brought under the agreement if these individuals are not eligible to become members of the system on that date, or on any later date when they first occupy the positions, and if they have not already been included under the agreement by means of a referendum.
Subsec. (c)(4). Act , § 101(h)(4), inserted sentence at end.
Subsec. (c)(5). Act , § 101(a)(5), (6), substituted “paragraph (7)” for “paragraph (8),” and inserted at end “and service the remuneration for which is excluded from wages by paragraph (2) of section 209(h)”.
Subsec. (c)(6)(D). Act , § 101(a)(5), substituted “paragraph (7)” for “paragraph (8)”.
Subsec. (c)(7). Act , § 101(h)(5), added par. (7).
Subsec. (d). Act , § 101(h)(1)(A), struck out “Exclusion of” in heading, redesignated the subsection as (d)(1), and inserted sentence at end.
Subsec. (d)(1). Act , § 101(h)(1)(B), inserted provision in first sentence making the prohibition inapplicable to service in positions which though covered by a retirement system on the enactment date, were, by reason of action taken prior to the enactment date by the appropriate governmental unit, no longer covered by a retirement system when the coverage group which included employees in such positions was brought under an agreement.
Subsec. (d)(2) to (6). Act , § 101(h)(2), added pars. (2) to (6).
Subsec. (f). Act , § 101(h)(6), permitted agreements or modifications entered into during 1955, 1956, and 1957 to be made retroactive to a date not earlier than .
Subsec. (m)(1). Act , § 101(h)(7), substituted “paragraph (1) of subsection (d)” for “subsection (d)”.
Subsec. (n). Act , § 101(h)(8), added subsec. (n).
Subsec. (o). Act , § 101(j), added subsec. (o).
1953
Subsec. (m). Act , added subsec. (m).
1952
Subsec. (f). Act , substituted “” for “”.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Pub. L. 108–203, title IV, § 416(b), , 118 Stat. 530, provided that: “The amendment made by subsection (a) [amending this section] takes effect on .”
Effective Date of 1994 Amendment
Amendment by section 107(a)(4) of Pub. L. 103–296 effective , see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title.
Amendment by section 303(c) of Pub. L. 103–296 applicable with respect to service performed on or after , see section 303(e) of Pub. L. 103–296, set out as a note under section 410 of this title.
Pub. L. 103–296, title III, § 305(c), , 108 Stat. 1521, provided that: “The amendments made by this section [amending this section] shall apply with respect to modifications filed by States after the date of the enactment of this Act [].”
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–508 applicable with respect to service performed after , see section 11332(d) of Pub. L. 101–508, set out as a note under section 3121 of Title 26, Internal Revenue Code.
Effective Date of 1986 Amendment
Amendment by section 1883(a)(8) of Pub. L. 99–514 effective , 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, § 9002(d), , 100 Stat. 1972, provided that: “The amendments made by this section [enacting section 3126 of Title 26, Internal Revenue Code, amending this section and sections 405 and 424a of this title and sections 1402, 3121, and 3306 of Title 26, and renumbering former section 3126 of Title 26 as section 3127] are effective with respect to payments due with respect to wages paid after , including wages paid after such date by a State (or political subdivision thereof) that modified its agreement pursuant to the provisions of section 218(e)(2) of the Social Security Act [subsec. (e)(2) of this section] prior to the date of the enactment of this Act []; except that in cases where, in accordance with the currently applicable schedule, deposits of taxes due under an agreement entered into pursuant to section 218 of the Social Security Act would be required within 3 days after the close of an eighth-monthly period, such 3-day requirement shall be changed to a 7-day requirement for wages paid prior to , and to a 5-day requirement for wages paid after , and prior to . For wages paid prior to , the deposit schedule for taxes imposed under sections 3101 and 3111 shall be determined separately from the deposit schedule for taxes withheld under section 3402 [26 U.S.C. 3402] if the taxes imposed under sections 3101 and 3111 are due with respect to service included under an agreement entered into pursuant to section 218 of the Social Security Act.”
Pub. L. 99–272, title XII, § 12110(c), , 100 Stat. 287, provided that: “The amendments made by this section [amending this section] shall apply with respect to agreements and modifications of agreements which are mailed or delivered to the Secretary of Health and Human Services (under section 218 of the Social Security Act [this section]) on or after the date of the enactment of this Act [].”
Pub. L. 99–272, title XIII, § 13205(d)(3), , 100 Stat. 318, provided that: “The amendment made by subsection (c) [amending this section] shall apply to services performed after .”
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–369 effective , but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) 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
Pub. L. 98–21, title I, § 103(b), , 97 Stat. 72, provided that: “The amendment made by subsection (a) [amending this section] shall apply to any agreement in effect under section 218 of the Social Security Act [42 U.S.C. 418] on the date of the enactment of this Act [], without regard to whether a notice of termination is in effect on such date, and to any agreement or modification thereof which may become effective under such section 218 after that date.”
Pub. L. 98–21, title III, § 325(b), , 97 Stat. 126, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to name changes made before, on, or after the date of the enactment of this section [].”
Pub. L. 98–21, title III, § 342(b), , 97 Stat. 136, provided that: “The amendments made by this section [amending this section] shall apply to calendar months beginning after .”
Effective Date of 1980 Amendment
Pub. L. 96–265, title V, § 503(b), , 94 Stat. 471, provided that: “The amendment made by subsection (a) [amending this section] shall be effective with respect to the payment of taxes (referred to in section 218(e)(1)(A) of the Social Security Act [42 U.S.C. 418(e)(1)(A)], as amended by subsection (a)) on account of wages paid on or after .”
Effective Date of 1977 Amendment
Pub. L. 95–216, title III, § 353(g), , 91 Stat. 1555, provided that: “The amendments made by subsection (b) of this section [amending this section] shall apply with respect to remuneration paid after , except that the amendment made by subsection (b)(2) shall apply with respect to notices submitted by the States to the Secretary after the date of the enactment of this Act []. The amendments made by subsections (d) and (f)(2) [amending sections 405 and 429 of this title] shall be effective . Except as otherwise specifically provided, the remaining amendments made by this section [amending sections 403, 424a, and 430 of this title] shall be effective .”
Effective Date of 1968 Amendment
Amendment by Pub. L. 90–486 effective , except that no deductions or withholding from salary which result therefrom shall commence before first day of first pay period that begins on or after , see section 11 of Pub. L. 90–486, set out as a note under section 709 of Title 32, National Guard.
Pub. L. 90–248, title I, § 116(b)(3), , 81 Stat. 840, provided that: “The amendments made by this subsection [amending this section] shall be effective with respect to services performed on or after .”
Pub. L. 90–248, title I, § 120(c), , 81 Stat. 843, provided that: “The amendment made by this section [amending this section] shall apply in the case of any State with respect to modifications of such State agreement under section 218 of the Social Security Act [42 U.S.C. 418] made after the date of enactment of this Act [].”
Effective Date of 1961 Amendment
Amendment by Pub. L. 87–64 effective , see section 109 of Pub. L. 87–64, set out as a note under section 402 of this title.
Effective Date of 1960 Amendment
Pub. L. 86–778, title I, § 102(b)(2), , 74 Stat. 929, provided that: “The amendment made by paragraph (1) [amending this section] shall apply in the case of transfers of positions (as described therein) which occur on or after the date of enactment of this Act []. Such amendment shall also apply in the case of such transfers in any State which occurred prior to such date, but only upon request of the Governor (or other official designated by him for the purpose) filed with the Secretary of Health, Education, and Welfare [now Health and Human Services] before ; and, in the case of any such request, such amendment shall apply only with respect to wages paid on and after the date on which such request is filed.”
Pub. L. 86–778, title I, § 102(c)(3), , 74 Stat. 929, provided that: “The amendment made by paragraph (1) [amending this section] shall apply in the case of any agreement or modification of an agreement under section 218 of the Social Security Act [42 U.S.C. 418] which is agreed to on or after ; except that in the case of any such agreement or modification agreed to before , the effective date specified therein shall not be earlier than . The amendment made by paragraph (2) [amending this section] shall apply in the case of any such agreement or modification which is agreed to on or after the date of the enactment of this Act [].”
Pub. L. 86–778, title I, § 102(f)(3), , 74 Stat. 934, provided that:
“(A) The amendments made by paragraphs (1) and (2) [amending this section and section 405 of this title] shall become effective on the first day of the second calendar year following the year in which this Act is enacted [1960].
“(B) In any case in which the Secretary of Health, Education, and Welfare [now Health and Human Services] has notified a State prior to the beginning of such second calendar year that there is an amount due by such State, that such State’s claim for a credit or refund of an overpayment is disallowed, or that such State has been allowed a credit or refund of an overpayment, under an agreement pursuant to section 218 of the Social Security Act [42 U.S.C. 418], then the Secretary shall be deemed to have made an assessment of such amount due as provided in section 218(q) of such Act or notified the State of such allowance or disallowance, as the case may be, on the first day of such second calendar year. In such a case the 90-day limitation in section 218(s) of such Act shall not be applicable with respect to the assessment so deemed to have been made or the notification of allowance or disallowance so deemed to have been given the State. However, the preceding sentences of this subparagraph shall not apply if the Secretary makes an assessment of such amount due or notifies the State of such allowance or disallowance on or after the first day of the second calendar year following the year in which this Act is enacted [1960] and within the period specified in section 218(q) of the Social Security Act or the period specified in section 218(r) of such Act, as the case may be.”
Amendments by section 103(i) of Pub. L. 86–778 applicable only with respect to service performed after 1960, and amendment by section 103(j)(2)(G) of Pub. L. 86–778 effective on , see section 103(v)(1) of Pub. L. 86–778, set out as a note under section 402 of this title.
Effective Date of 1958 Amendment
Pub. L. 85–840, title III, § 315(c)(2), , 72 Stat. 1040, provided that: “The amendment made by this subsection [amending this section] shall apply in the case of any agreement, or modification of an agreement, under section 218 of the Social Security Act [42 U.S.C. 418], which is executed after the date of enactment of this Act [].”
Effective Date of 1954 Amendment
Act Sept. 1, 1954, ch. 1206, title I, § 101(h)(9), 68 Stat. 1059, provided that: “The amendments made by this subsection, other than paragraph (1)(B) [amending this section], shall take effect .”
Act Sept. 1, 1954, ch. 1206, title I, § 101(i)(1), 68 Stat. 1059, provided that the amendment made by that section is effective as of .
Act Sept. 1, 1954, ch. 1206, title I, § 101(i)(2), 68 Stat. 1059, provided that the amendment made by that section is effective .
Act Sept. 1, 1954, ch. 1206, title I, § 101(i)(3), 68 Stat. 1059, provided that: “In the case of any coverage group to which the amendment made by paragraph (1) [amending this section] is applicable, any agreement or modification of an agreement agreed to prior to , may, notwithstanding section 218(f) of the Social Security Act [42 U.S.C. 418(f)], be made effective with respect to services performed by employees as members of such coverage group after any effective date specified therein, but in no case may such effective date be earlier than .”
Act Sept. 1, 1954, ch. 1206, title I, § 101(j), 68 Stat. 1059, provided that the amendment made by that section is effective as of .
Amendment by section 101(a)(5), (6) of act , shall be applicable only with respect to services (whether performed after 1954 or prior to 1955) for which the remuneration is paid after 1954, see section 101(n) of act , set out as a note under section 405 of this title.
Effective Date of 1953 Amendment
Act Aug. 15, 1953, ch. 504, § 2, 67 Stat. 588, provided that: “For the purposes of section 418(f) of the Social Security Act (relating to effective date of agreements) [42 U.S.C. 418(f)], the amendment made by the first section of this Act [amending this section] shall take effect as of .”
Exemption for Students Employed by State Schools, Colleges, or Universities
Pub. L. 105–277, div. J, title II, § 2023, , 112 Stat. 2681–904, provided that:
“(a) In General.—
Notwithstanding section 218 of the Social Security Act [42 U.S.C. 418], any agreement with a State (or any modification thereof) entered into pursuant to such section may, at the option of such State, be modified at any time on or after , and on or before , so as to exclude service performed in the employ of a school, college, or university if such service is performed by a student who is enrolled and is regularly attending classes at such school, college, or university.
“(b) Effective Date of Modification.—
Any modification of an agreement pursuant to subsection (a) shall be effective with respect to services performed after .
“(c) Irrevocability of Modification.—
If any modification of an agreement pursuant to subsection (a) terminates coverage with respect to service performed in the employ of a school, college, or university, by a student who is enrolled and regularly attending classes at such school, college, or university, the Commissioner of Social Security and the State may not thereafter modify such agreement so as to again make the agreement applicable to such service performed in the employ of such school, college, or university.”
Treatment of Certain Credits as Amounts Deposited in Social Security Trust Funds Pursuant to Agreement
Pub. L. 98–21, title I, § 123(b)(4), , 97 Stat. 89, as amended by Pub. L. 99–514, § 2, , 100 Stat. 2095, provided that: “For purposes of subsection (h) of section 218 of the Social Security Act [42 U.S.C. 418(h)] (relating to deposits in social security trust funds of amounts received under section 218 agreements), amounts allowed as a credit pursuant to subsection (d) of section 3510 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] [26 U.S.C. 3510(d)] (relating to credit for remuneration paid during 1984 which is covered under an agreement under section 218 of the Social Security Act) shall be treated as amounts received under such an agreement.”
Modification of Agreement With State of Iowa To Provide Coverage for Certain Policemen and Firemen
Pub. L. 100–203, title IX, § 9008, , 101 Stat. 1330–292, provided that:
“(a) In General.—
Notwithstanding subsection (d)(5)(A) of section 218 of the Social Security Act [42 U.S.C. 418(d)(5)(A)] and the references thereto in subsections (d)(1) and (d)(3) of such section 218, the agreement with the State of Iowa heretofore entered into pursuant to such section 218 may, at any time prior to , be modified pursuant to subsection (c)(4) of such section 218 so as to apply to services performed in policemen’s or firemen’s positions required to be covered by a retirement system pursuant to section 410.1 of the Iowa Code as in effect on , if the State of Iowa has at any time prior to the date of the enactment of this Act [] paid to the Secretary of the Treasury, with respect to any of the services performed in such positions, the sums prescribed pursuant to subsection (e)(1) of such section 218 (as in effect on , with respect to payments due with respect to wages paid on or before such date).
“(b) Service To Be Covered.—
Notwithstanding the provisions of subsection (e) of section 218 of the Social Security Act (as so redesignated by section 9002(c)(1) of the Omnibus Budget Reconciliation Act of 1986)), any modification in the agreement with the State of Iowa under subsection (a) shall be made effective with respect to—
“(1) all services performed in any policemen’s or firemen’s position to which the modification relates on or after , and
“(2) all services performed in such a position before , with respect to which the State of Iowa has paid to the Secretary of the Treasury the sums prescribed pursuant to subsection (e)(1) of such section 218 (as in effect on , with respect to payments due with respect to wages paid on or before such date) at the time or times established pursuant to such subsection (e)(1), if and to the extent that—
“(A) no refund of the sums so paid has been obtained, or
“(B) a refund of part or all of the sums so paid has been obtained but the State of Iowa repays to the Secretary of the Treasury the amount of such refund within 90 days after the date on which the modification is agreed to by the State and the Secretary of Health and Human Services.”
Modification of Agreement With State of Connecticut To Provide Coverage for Connecticut State Police
Pub. L. 99–272, title XII, § 12114, , 100 Stat. 289, provided that: “Notwithstanding any provision of section 218 of the Social Security Act [42 U.S.C. 418], the Secretary of Health and Human Services shall, upon the request of the Governor of Connecticut, modify the agreement under such section between the Secretary and the State of Connecticut to provide that service performed after the date of the enactment of this Act [] by members of the Division of the State Police within the Connecticut Department of Public Safety, who are hired on or after , and who are members of the tier II plan of the Connecticut State Employees Retirement System, shall be covered under such agreement.”
Modification of Agreement With State of Illinois To Provide Coverage for Certain Policemen and Firemen
Pub. L. 95–216, title III, § 318, , 91 Stat. 1540, provided that the agreement with the State of Illinois entered into pursuant to this section could, at any time prior to , be modified pursuant to subsec. (c)(4) of this section so as to apply to services performed in the policemen’s or firemen’s positions covered by the Illinois Municipal Retirement Fund on , if the State of Illinois had prior to such date paid to the Secretary of the Treasury, with respect to any of the services performed in such positions, the sums prescribed pursuant to subsec. (e)(1) of this section.
Modification of Reporting Procedures in Effect December 1, 1975, Under Federal-State Agreements
Pub. L. 94–202, § 8(k), , 89 Stat. 1140, provided that: “Notwithstanding the provisions of section 218(i) of the Social Security Act [42 U.S.C. 418(i)], nothing contained in the amendments made by the preceding provisions of this section [enacting section 432 of this title and amending sections 401, 403, 424a, and 430 of this title and section 6103 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under sections 401 and 432 of this title] shall be construed to authorize or require the Secretary, in promulgating regulations or amendments thereto under such section 218(i), substantially to modify the procedures, as in effect on , for the reporting by States to the Secretary of the wages of individuals covered by social security pursuant to Federal-State agreements entered into pursuant to section 218 of the Social Security Act [42 U.S.C. 418].”
Modification of Agreement With State of West Virginia With Respect to Certain Policemen and Firemen
Pub. L. 94–202, § 6, , 89 Stat. 1136, provided that:
“(a) Notwithstanding the provisions of subsection (d)(5)(A) of section 218 of the Social Security Act [42 U.S.C. 418(d)(5)(A)] and the references thereto in subsections (d)(1) and (d)(3) of such section 218, the agreement with the State of West Virginia heretofore entered into pursuant to such section 218 [42 U.S.C. 418] may, at any time prior to 1977, be modified pursuant to subsection (c)(4) of such section 218 so as to apply to services performed in policemen’s or firemen’s positions covered by a retirement system on the date of the enactment of this Act [] by individuals as employees of any class III or class IV municipal corporation (as defined in or under the laws of the State) if the State of West Virginia has at any time prior to the date of the enactment of this Act paid to the Secretary of the Treasury, with respect to any of the services performed in such positions by individuals as employees of such municipal corporation, the sums prescribed pursuant to subsection (e)(1) of such section 218. For purposes of this subsection, a retirement system which covers positions of policemen or firemen, or both, and other positions, shall, if the State of West Virginia so desires, be deemed to be a separate retirement system with respect to the positions of such policemen or firemen, or both, as the case may be.
“(b) Notwithstanding the provisions of subsection (f) of section 218 of the Social Security Act, any modification in the agreement with the State of West Virginia under subsection (a) of this section, to the extent it involves services performed by individuals as employees of any class III or class IV municipal corporation, may be made effective with respect to—
“(1) all services performed by such individual, in any policemen’s or firemen’s position to which the modification relates, on or after the date of the enactment of this Act; and
“(2) all services performed by such individual in such a position before such date of enactment with respect to which the State of West Virginia has paid to the Secretary of the Treasury the sums prescribed pursuant to subsection (e)(1) of such section 218 at the time or times established pursuant to such subsection (e)(1) if and to the extent that—
“(A) no refund of the sums so paid has been obtained, or
“(B) a refund of part or all of the sums so paid has been obtained but the State of West Virginia repays to the Secretary of the Treasury the amount of such refund within ninety days after the date that the modification is agreed to by the State and the Secretary of Health, Education, and Welfare [now Health and Human Services].”
Pub. L. 92–603, title I, § 143, , 86 Stat. 1369, provided that:
“(a) Notwithstanding the provisions of subsection (d)(5)(A) of section 218 of the Social Security Act [subsec. (d)(5)(A) of this section] and the references thereto in subsections (d)(1) and (d)(3) of such section 218 the agreement with the State of West Virginia heretofore entered into pursuant to such section 218 [42 U.S.C. 418] may, at any time prior to 1974, be modified pursuant to subsection (c)(4) of such section 218 so as to apply to services performed in policemen’s or firemen’s positions covered by a retirement system on the date of the enactment of this Act [] by individuals as employees of any class III or class IV municipal corporation (as defined in or under the laws of the State) if the State of West Virginia has at any time prior to the date of the enactment of this Act paid to the Secretary of the Treasury, with respect to any of the services performed in such positions by individuals as employees of such municipal corporation, the sums prescribed pursuant to subsection (e)(1) of such section 218. For purposes of this subsection, a retirement system which covers positions of policemen or firemen, or both, and other positions, shall, if the State of West Virginia so desires, be deemed to be a separate retirement system with respect to the positions of such policemen or firemen, or both, as the case may be.
“(b) Notwithstanding the provisions of subsection (f) of section 218 of the Social Security Act, any modification in the agreement with the State of West Virginia under subsection (a) of this section, to the extent it involves services performed by individuals as employees of any class III or class IV municipal corporation, may be made effective with respect to—
“(1) all services performed by such individual, in any policeman’s or fireman’s position to which the modification relates, on or after the date of the enactment of this Act; and
“(2) all services performed by such individual in such a position before such date of enactment with respect to which the State of West Virginia has paid to the Secretary of the Treasury the sums prescribed pursuant to subsection (e)(1) of such section 218 at the time or times established pursuant to such subsection (e)(1), if and to the extent that—
“(A) no refund of the sums so paid has been obtained, or
“(B) a refund of part or all of the sums so paid has been obtained but the State of West Virginia repays to the Secretary of the Treasury the amount of such refund within ninety days after the date that the modification is agreed to by the State and the Secretary of Health, Education, and Welfare [now Health and Human Services].”
Modification of Existing Agreement With State of New Mexico To Cover Certain Hospital Employees
Pub. L. 92–603, title I, § 127, , 86 Stat. 1358, provided that: “Notwithstanding any provisions of section 218 of the Social Security Act [42 U.S.C. 418], the Agreement with the State of New Mexico heretofore entered into pursuant to such section may at the option of such State be modified at any time prior to the first day of the fourth month after the month in which this Act is enacted [October 1972], so as to apply to the services of employees of a hospital which is an integral part of a political subdivision to which an agreement under this section has not been made applicable, as a separate coverage group within the meaning of section 218(b)(5) of such Act [42 U.S.C. 418(b)(5)], but only if such hospital has prior to 1966 withdrawn from a retirement system which had been applicable to the employees of such hospital.”
Modification of Agreement With State of Louisiana With Respect to Voter Registrars
Pub. L. 92–603, title I, § 139, , 86 Stat. 1366, provided that:
“(a) Notwithstanding the provisions of section 218(g)(1) of the Social Security Act [42 U.S.C. 418(g)(1)], the Secretary may, under such conditions as he deems appropriate, permit the State of Louisiana to modify its agreement entered into under section 218 of such Act [42 U.S.C. 418] so as to terminate the coverage of all employees who are in positions under the Registrars of Voters Employees’ Retirement System, effective after December 1975, but only if such State files with him notice of termination on or before .
“(b) If the coverage of such employees in positions under such retirement system is terminated pursuant to subsection (a), coverage cannot later be extended to employees in positions under such retirement system.”
Modification of Agreements With States With Respect to Certain Students and Part-Time Employees
Pub. L. 92–603, title I, § 141, , 86 Stat. 1366, provided that:
“(a) Notwithstanding any provision of section 218 of the Social Security Act [42 U.S.C. 418], the agreement with any State (or any modification thereof) entered into pursuant to such section may, at the option of such State, be modified at any time prior to , so as to exclude either or both of the following;
“(1) service in any class or classes of part-time positions; or
“(2) service performed in the employ of a school, college, or university if such service is performed by a student who is enrolled and is regularly attending classes at such school, college, or university.
“(b) Any modification of such agreement pursuant to this section shall be effective with respect to services performed after the end of the calendar quarter following the calendar quarter in which such agreement is modified.
“(c) If any such modification terminates coverage with respect to service in any class or classes of part-time positions in any coverage group, the Secretary of Health, Education, and Welfare [now Health and Human Services] and the State may not thereafter modify such agreement so as to again make the agreement applicable to service in such positions in such coverage group; if such modification terminates coverage with respect to service performed in the employ of a school, college, or university, by a student who is enrolled and regularly attending classes at such school, college, or university, the Secretary of Health, Education, and Welfare [now Health and Human Services] and the State may not thereafter modify such agreement so as to again make the agreement applicable to such service performed in the employ of such school, college, or university.”
Modification of Agreement With State of Massachusetts With Respect to Employees of the Massachusetts Turnpike Authority
Pub. L. 90–248, title I, § 124, , 81 Stat. 845, provided that:
“(a) Notwithstanding the provisions of section 218(g)(1) of the Social Security Act [42 U.S.C. 418(g)(1)] the Secretary may, under such conditions as he deems appropriate, permit the State of Massachusetts to modify its agreement entered into under section 218 of such Act [42 U.S.C. 418] so as to terminate the coverage of the employees of the Massachusetts Turnpike Authority effective at the end of any calendar quarter within the two years next following the date on which such agreement is so modified.
“(b) If the coverage of employees of the Massachusetts Turnpike Authority is terminated pursuant to subsection (a), coverage cannot later be extended to the employees of such Authority.”
Modification of Agreements With States of North Dakota and Iowa With Respect to Certain Students
Pub. L. 89–97, title III, § 338, , 79 Stat. 409, provided that: “Notwithstanding any provision of section 218 of the Social Security Act [42 U.S.C. 418], the agreements with the States of North Dakota and Iowa entered into pursuant to such section may, at the option of the State, be modified so as to exclude service performed in any calendar quarter in the employ of a school, college, or university if such service is performed by a student who is enrolled and is regularly attending classes at such school, college, or university and if the remuneration for such service is less than $50. Any modification of either of such agreements pursuant to this Act shall be effective with respect to services performed after an effective date specified in such modification, except that such date shall not be earlier than the date of enactment of this Act [].”
Modification of Agreement With State of Nebraska for Exclusion of Services Performed by Justices of the Peace and Constables
Pub. L. 86–778, title I, § 102(i), , 74 Stat. 935, provided that: “Notwithstanding any provision of section 218 of the Social Security Act [42 U.S.C. 418], the agreement with the State of Nebraska entered into pursuant to such section may, at the option of such State, be modified so as to exclude services performed within such State by individuals as justices of the peace or constables, if such individuals are compensated for such services on a fee basis. Any modification of such agreement pursuant to this subsection shall be effective with respect to services performed after an effective date specified in such modification, except that such date shall not be earlier than the date of enactment of this Act [].”
Modification of Existing Agreement With State of California Prior to February 1966
Pub. L. 86–778, title I, § 102(k), , 74 Stat. 935, as amended by Pub. L. 89–97, title III, § 318, , 79 Stat. 390; Pub. L. 99–514, § 2, , 100 Stat. 2095, provided that:
“(1) Notwithstanding any provision of section 218 of the Social Security Act [42 U.S.C. 418], the agreement with the State of California heretofore entered into pursuant to such section may at the option of such State be modified, at any time prior to 1962, pursuant to subsection (c)(4) of such section 218 [42 U.S.C. 418(c)(4)], so as to apply to services performed by any individual who, on or after , and on or before , was employed by such State (or any political subdivision thereof) in any hospital employee’s position which, on , was covered by a retirement system, but which, prior to 1960, was removed from coverage by such retirement system if, prior to , there have been paid in good faith to the Secretary of the Treasury, with respect to any of the services performed by such individual in any such position, amounts equivalent to the sum of the taxes which would have been imposed by sections 3101 and 3111 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] [26 U.S.C. 3101, 3111] if such services had constituted employment for purposes of chapter 21 of such Code [26 U.S.C. 3101 et seq.] at the time they were performed. Notwithstanding the provisions of subsection (f) of such section 218 such modification shall be effective with respect to (1) all services performed by such individual in any such position on or after , and (2) all such services, performed before such date, with respect to which amounts equivalent to such taxes have, prior to the date of enactment of this subsection [], been paid.
“(2) Such agreement, as modified pursuant to paragraph (1), may at the option of such State be further modified, at any time prior to the seventh month after the month [July 1965] in which this paragraph is enacted, so as to apply to services performed for any hospital affected by such earlier modification by any individual who after , is or was employed by such State (or any political subdivision thereof) in any position described in paragraph (1). Such modification shall be effective with respect to (A) all services performed by such individual in any such position on or after , and (B) all such services, performed before such date, with respect to which amounts equivalent to the sum of the taxes which would have been imposed by sections 3101 and 3111 of the Internal Revenue Code of 1986 [26 U.S.C. 3101, 3111] if such services had constituted employment for purposes of chapter 21 of such Code at the time they were performed have, prior to the date of the enactment of this paragraph [], been paid.”
Modification of Existing Agreement With State of Oklahoma Prior to 1962
Pub. L. 86–284, § 3, , 73 Stat. 566, provided that: “Notwithstanding the provisions of subsection (d)(5)(A) of section 218 of the Social Security Act [42 U.S.C. 418(d)(5)(A)] and the references thereto in subsections (d)(1) and (d)(3) of such section 218, the agreement with the State of Oklahoma heretofore entered into pursuant to such section 218 [42 U.S.C. 418] may, at any time prior to 1962, be modified pursuant to subsection (c)(4) of such section 218 so as to apply to services performed by any individual employed by such State (or any political subdivision thereof) in any policeman’s position covered by a retirement system in effect on the date of enactment of this Act [] if (1) in the case of an individual performing such services on such date, such individual is ineligible to become a member of such retirement system, or, in the case of an individual who prior to such date has ceased to perform such services, such individual was, on the last day he did perform such services, ineligible to become a member of such retirement system, and (2) such State has, prior to 1959, paid to the Secretary of the Treasury, with respect to any of the services performed by such individual in any such position, the sums prescribed pursuant to subsection (e)(1) of such section 218. Notwithstanding the provisions of subsection (f) of such section 218, such modification shall be effective with respect to (i) all services performed by such individual in any such position on or after the date of enactment of this Act, and (ii) all such services, performed before such date, with respect to which such State has paid to the Secretary of the Treasury the sums prescribed pursuant to subsection (e) of such section 218, at the time or times established pursuant to such subsection.”
Modification of Existing Agreement With State of Maine Prior to July 1, 1967
Pub. L. 85–840, title III, § 316, , 72 Stat. 1040, as amended by Pub. L. 86–778, title I, § 102(j), , 74 Stat. 935; Pub. L. 88–350, § 1, , 78 Stat. 240; Pub. L. 89–97, title III, § 337, , 79 Stat. 409, eff. , provided that: “For the purposes of any modification which might be made after the date of enactment of this Act [] and prior to , by the State of Maine of its existing agreement made under section 218 of the Social Security Act [42 U.S.C. 418], any retirement system of such State which covers positions of teachers and positions of other employees shall, if such State so desires, be deemed (notwithstanding the provisions of subsection (d) of such section) to consist of a separate retirement system with respect to the positions of such teachers and a separate retirement system with respect to the positions of such other employees; and for the purposes of this sentence, the term ‘teacher’ shall mean any teacher, principal, supervisor, school nurse, school dietitian, school secretary or superintendent employed in any public school, including teachers in unorganized territory.”
Modification of Existing Agreements With States of California, Connecticut, Minnesota, or Rhode Island Prior to 1960
Pub. L. 85–227, § 2, , 71 Stat. 512, provided that: “Notwithstanding subsection (f) of section 218 of the Social Security Act [42 U.S.C. 418(f)], any modification of the agreement with the State of California, Connecticut, Minnesota, or Rhode Island under such section which makes such agreement applicable to services performed in positions covered by a separate retirement system created pursuant to the fourth sentence of subsection (d)(6) of such section (and consisting of the positions of members who desire coverage under the agreement) may, if such modification is agreed to prior to 1960, be made effective with respect to services performed in such positions after an effective date specified in such modification, except that in no case may such date be earlier than .”
Modification of Existing Agreements With States of Florida, Nevada, New Mexico, Minnesota, Oklahoma, Pennsylvania, Texas, Washington, or Hawaii Prior to July 1, 1962
Act Aug. 1, 1956, ch. 836, title I, § 104(f), 70 Stat. 826, as amended by Pub. L. 86–284, § 1, provided that: “Notwithstanding the provisions of subsection (d) of section 218 of the Social Security Act [42 U.S.C. 418(d)], any agreement under such section entered into prior to the date of enactment of this Act [] by the State of Florida, Nevada, New Mexico, Minnesota, Oklahoma, Pennsylvania, Texas, Washington, or the Territory of Hawaii shall if the State or Territory concerned so requests, be modified prior to , so as to apply to services performed by employees of the respective public school districts of such State or Territory who, on the date such agreement is made applicable to such services, are not in positions the incumbents of which are required by State or Territorial law or regulation to have valid State or Territorial teachers’ or administrators’ certificates in order to receive pay for their services. The provisions of this subsection shall not apply to services of any such employees to which any such agreement applies without regard to this subsection.”
Modification of Existing Agreement With State of Arizona Prior to January 1, 1956
Act Sept. 1, 1954, ch. 1206, title I, § 101(k), 68 Stat. 1060, provided that: “If, prior to , the agreement with the State of Arizona entered into pursuant to section 218 of the Social Security Act [42 U.S.C. 418] is modified pursuant to subsection (d)(3) of such section so as to apply to service performed by employees in positions covered by the Arizona Teachers’ Retirement System the modification may, notwithstanding section 218(f) of the Social Security Act, be made effective with respect to service performed in such positions after an effective date specified in the modification, but in no case may such effective date be earlier than . For the purposes of any such modification, all employees in positions covered by the Arizona Teachers’ Retirement System shall be deemed, notwithstanding the provisions of section 218(d)(6) of such Act, to constitute a separate coverage group.”
Extension of Coverage to Service in Firemen’s Position
Pub. L. 90–248, title I, § 120(b), , 81 Stat. 842, provided that: “Nothing in the amendments made by subsection (a) [amending this section] shall authorize the extension of the insurance system established by title II of the Social Security Act [42 U.S.C. 401 et seq.] under the provisions of section 218(d)(6)(C) of such Act [42 U.S.C. 418(d)(6)(C)] to service in any fireman’s position.”
Validation of Coverage for Certain Firemen in the State of Nebraska
Pub. L. 90–248, title I, § 119(b), , 81 Stat. 842, as amended by Pub. L. 99–514, § 2, , 100 Stat. 2095, provided that:
“In any case in which—
“(1) an individual has performed services prior to the enactment of this Act [] in the employ of a political subdivision of the State of Nebraska in a fireman’s position, and
“(2) amounts, equivalent to the sum of the taxes which would have been imposed by sections 3101 and 3111 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] [26 U.S.C. 3101, 3111] had such services constituted employment for purposes of section 21 of such Code [26 U.S.C. 21] at the time they were performed, were timely paid in good faith to the Secretary of the Treasury, and
“(3) no refunds of such amounts paid in lieu of taxes have been obtained,
the amount of the remuneration for such services with respect to which such amounts have been paid shall be deemed to constitute remuneration for employment as defined in section 209 of the Social Security Act [42 U.S.C. 409].”
Validation of Coverage for Certain Employees of an Integral Unit of a Political Subdivision of Alaska
Pub. L. 89–97, title III, § 342, , 79 Stat. 412, provided that: “For purposes of the agreement under section 218 of the Social Security Act [42 U.S.C. 418] entered into by the State of Alaska, or its predecessor the Territory of Alaska, where employees of an integral unit of a political subdivision of the State or Territory of Alaska have in good faith been included under the State or Territory’s agreement as a coverage group on the basis that such integral unit of a political subdivision was a political subdivision, then such unit of the political subdivision shall, for purposes of section 218(b)(2) of such Act, be deemed to be a political subdivision, and employees performing services within such unit shall be deemed to be a coverage group, effective with the effective date specified in such agreement or modification of such agreement with respect to such coverage group and ending with the last day of the year in which this Act is enacted [1965].”
Validation of Coverage for District Engineering Aides of Soil and Water Conservation Districts of Oklahoma
Pub. L. 88–650, § 3, , 78 Stat. 1077, provided that: “For purposes of the agreement under section 218 of the Social Security Act [42 U.S.C. 418] entered into by the State of Oklahoma, remuneration paid to district engineering aides of soil and water conservation districts of the State of Oklahoma which was reported by the State as amounts paid to such aides as employees of the State for services performed by them during the period beginning , and ending with the close of , shall be deemed to have been paid to such aides for services performed by them in the employ of the State.”
Validation of Coverage for Certain Employees of an Integral Unit of a Political Subdivision of Arkansas
Pub. L. 87–878, § 1, , 76 Stat. 1202, provided: “That, for purposes of the agreement under section 218 of the Social Security Act [42 U.S.C. 418] entered into by the State of Arkansas, where employees of an integral unit of a political subdivision of the State of Arkansas have in good faith been included under the State’s agreement as a coverage group on the basis that such integral unit of a political subdivision was a political subdivision, then such unit of the political subdivision shall, for purposes of section 218(b)(2) of such Act, be deemed to be a political subdivision, and employees performing services within such unit shall be deemed to be a coverage group, effective with the effective date specified in such agreement or modification of such agreement with respect to such coverage group and ending with the last day of the year in which this Act is enacted [1962].”
Validation of Coverage for Certain Mississippi Teachers
Pub. L. 86–778, title I, § 102(h), , 74 Stat. 934, provided that:
“For purposes of the agreement under section 218 of the Social Security Act [42 U.S.C. 418] entered into by the State of Mississippi, services of teachers in such State performed after , and prior to , shall be deemed to have been performed by such teachers as employees of the State. The term ‘teacher’ as used in the preceding sentence means—
“(1) any individual who is licensed to serve in the capacity of teacher, librarian, registrar, supervisor, principal, or superintendent and who is principally engaged in the public elementary or secondary school system of the State in any one or more of such capacities;
“(2) any employee in the office of the county superintendent of education or the county school supervisor, or in the office of the principal of any county or municipal public elementary or secondary school in the State; and
“(3) any individual licensed to serve in the capacity of teacher who is engaged in any educational capacity in any day or night school conducted under the supervision of the State department of education as a part of the adult education program provided for under the laws of Mississippi or under the laws of the United States.”
Presumption of Work Deductions for Services Performed Prior to 1955 in Case of Certain Retroactive State Agreements; Recomputation
Act Sept. 1, 1954, ch. 1206, title I, § 101(l), 68 Stat. 1060, provided that:
“(1) In the case of any services performed prior to 1955 to which an agreement under section 218 of the Social Security Act [42 U.S.C. 418] was made applicable, deductions which—
“(A) were not imposed under section 203 of such Act [section 403 of this title] with respect to such services performed prior to the date the agreement was agreed to or, if the original agreement was not applicable to such services, performed prior to the date the modification making such agreement applicable to such services was agreed to, and
“(B) would have been imposed under such section 203 had such agreement, or modification, as the case may be, been agreed to on the date it became effective,
shall be deemed to have been imposed, but only for purposes of section 215(f)(2)(A) or section 215(f)(4)(A) of such Act [42 U.S.C. 415(f)(2)(A), (4)(A)] as in effect prior to the enactment of this Act []. An individual with respect to whose services the preceding sentence is applicable, or in the case of his death, his survivors entitled to monthly benefits under section 202 of the Social Security Act [42 U.S.C. 402] on the basis of his wages and self-employment income, shall be entitled to a recomputation of his primary insurance amount under such section 215(f)(2)(A) or section 215(f)(4)(A), as the case may be, if the conditions specified therein are met and if, with respect to a recomputation under such section 215(f)(2)(A), such individual files the application referred to in such section after August 1954 and prior to January 1956 or, with respect to a recomputation under such section 215(f)(4)(A), such individual died prior to January 1956 and any of such survivors entitled to monthly benefits files an application, in addition to the application filed for such monthly benefits, for a recomputation under such section 215(f)(4)(A).
“(2) For purposes of a recomputation made by reason of paragraph (1) of this subsection, the primary insurance amount of the individual who performed the services referred to in such paragraph shall be computed under subsection (a)(2) of section 215 of the Social Security Act, as amended by this Act (but, for such purposes, without application of subsection (d)(4) of such section, as in effect prior to the enactment of this Act or as amended by this Act) and as though he became entitled to old-age insurance benefits in whichever of the following months yields the highest primary insurance amount:
“(A) the month following the last month for which deductions are deemed, pursuant to paragraph (1) of this subsection, to have been made; or
“(B) the first month after the month determined under subparagraph (A) (and prior to September 1954) in which his benefits under section 202(a) of the Social Security Act [42 U.S.C. 402(a)] were no longer subject to deductions under section 203(b) of such Act [42 U.S.C. 403(b)]; or
“(C) the first month after the last month (and prior to September 1954) in which his benefits under section 202(a) of the Social Security Act were subject to deductions under section 203(b) of such Act; or
“(D) the month in which such individual filed his application for recomputation referred to in paragraph (1) of this subsection or, if he died without filing such application and prior to , the month in which he died, and in any such case (but, if the individual is deceased, only if death occurred after August 1954) the amendments made by subsections (b)(1), (e)(1) and (e)(3)(B) of section 102 of this Act [amending section 415 of this title] shall be applicable.
Such recomputation shall be effective for and after the month in which the application required by paragraph (1) of this subsection is filed. The provisions of this subsection shall not be applicable in the case of any individual if his primary insurance amount has been recomputed under section 215(f)(2) of the Social Security Act on the basis of an application filed prior to September 1954.
“(3) If any recomputation under section 215(f) of the Social Security Act is made by reason of deductions deemed pursuant to paragraph (1) of this subsection to have been imposed with respect to benefits based on the wages and self-employment income of any individual, the total of the benefits based on such wages and self-employment income for months for which such deductions are so deemed to have been imposed shall be recovered by making, in addition to any other deductions under section 203 of such Act, deductions from any increase in benefits, based on such wages and self-employment income, resulting from such recomputation.”
Credits
1935–2004 · 35 acts
- 1935Aug. 14, 1935, ch. 531, title II, § 218, as added Aug. 28, 1950, ch. 809, title I, § 106, 64 Stat. 514
- 1952amended June 28, 1952, ch. 483, 66 Stat. 285
- 1953Aug. 15, 1953, ch. 504, § 1, 67 Stat. 587
- 1954Sept. 1, 1954, ch. 1206, title I, § 101(a)(5), (6), (h)(1)–(8), (i)(1), (2), (j), 68 Stat. 1055–1059
- 1956Aug. 1, 1956, ch. 836, title I, §§ 103(f), (g), 104(e), (g), 70 Stat. 823, 825, 826
- 1957Pub. L. 85–226, , 71 Stat. 511
- 1957Pub. L. 85–227, § 1, , 71 Stat. 512
- 1957Pub. L. 85–229, , 71 Stat. 513
- 1958Pub. L. 85–787, §§ 1, 2, , 72 Stat. 939
- 1958Pub. L. 85–798, §§ 2, 3, , 72 Stat. 964, 965
- 1958Pub. L. 85–840, title III, § 315(a)–(c)(1), , 72 Stat. 1038–1040
- 1959Pub. L. 86–284, § 2, , 73 Stat. 566
- 1960Pub. L. 86–624, § 30(e), (f), , 74 Stat. 420
- 1960Pub. L. 86–778, title I, §§ 102(a), (b)(1), (c)(1), (2), (d), (e), (f)(1), (g), (l), 103(i), (j)(2)(G), , 74 Stat. 928–930, 934, 936–938
- 1961Pub. L. 87–64, title I, §§ 106, 107, , 75 Stat. 139, 140
- 1962Pub. L. 87–878, § 2, , 76 Stat. 1202
- 1964Pub. L. 88–350, § 2, , 78 Stat. 240
- 1964Pub. L. 88–382, , 78 Stat. 335
- 1965Pub. L. 89–97, title I, § 108(b), title III, §§ 314, 315, , 79 Stat. 338, 385
- 1968Pub. L. 90–248, title I, §§ 116(a)–(b)(2), (c), (d), 117, 119(a), 120(a), 121, 122(d), , 81 Stat. 840–844
- 1968Pub. L. 90–486, § 7, , 82 Stat. 759
- 1972Pub. L. 92–603, title I, § 126, , 86 Stat. 1358
- 1974Priv. L. 93–107, § 2, , 88 Stat. 2386
- 1977Pub. L. 95–216, title III, §§ 319–321, 353(b), , 91 Stat. 1541, 1553
- 1980Pub. L. 96–265, title V, § 503(a), , 94 Stat. 470
- 1983Pub. L. 98–21, title I, § 103(a), title III, §§ 325(a), 342(a), , 97 Stat. 71, 126, 136
- 1984Pub. L. 98–369, div. B, title VI, § 2663(a)(13), (j)(2)(A)(ii), (3)(A)(iii), , 98 Stat. 1164, 1170
- 1986Pub. L. 99–272, title XII, § 12110(a), (b), title XIII, § 13205(c), , 100 Stat. 287, 317
- 1986Pub. L. 99–509, title IX, § 9002(c)(1), (2)(C)–(E), , 100 Stat. 1971, 1972
- 1986Pub. L. 99–514, title XVIII, § 1883(a)(8), , 100 Stat. 2916
- 1987Pub. L. 100–203, title IV, § 4009(j)(7), title IX, § 9023(c), , 101 Stat. 1330–59, 1330–296
- 1989Pub. L. 101–239, title X, § 10208(d)(2)(A)(v), , 103 Stat. 2481
- 1990Pub. L. 101–508, title XI, § 11332(c), , 104 Stat. 1388–470
- 1994Pub. L. 103–296, title I, § 107(a)(4), title III, §§ 303(c), (d), 305(a), (b), 321(a)(18), (c)(6)(I), , 108 Stat. 1478, 1519, 1521, 1537, 1538
- 2004Pub. L. 108–203, title IV, § 416(a), , 118 Stat. 530.
Show as published
(Aug. 14, 1935, ch. 531, title II, § 218, as added Aug. 28, 1950, ch. 809, title I, § 106, 64 Stat. 514; amended June 28, 1952, ch. 483, 66 Stat. 285; Aug. 15, 1953, ch. 504, § 1, 67 Stat. 587; Sept. 1, 1954, ch. 1206, title I, § 101(a)(5), (6), (h)(1)–(8), (i)(1), (2), (j), 68 Stat. 1055–1059; Aug. 1, 1956, ch. 836, title I, §§ 103(f), (g), 104(e), (g), 70 Stat. 823, 825, 826; Pub. L. 85–226, , 71 Stat. 511; Pub. L. 85–227, § 1, , 71 Stat. 512; Pub. L. 85–229, , 71 Stat. 513; Pub. L. 85–787, §§ 1, 2, , 72 Stat. 939; Pub. L. 85–798, §§ 2, 3, , 72 Stat. 964, 965; Pub. L. 85–840, title III, § 315(a)–(c)(1), , 72 Stat. 1038–1040; Pub. L. 86–284, § 2, , 73 Stat. 566; Pub. L. 86–624, § 30(e), (f), , 74 Stat. 420; Pub. L. 86–778, title I, §§ 102(a), (b)(1), (c)(1), (2), (d), (e), (f)(1), (g), (l), 103(i), (j)(2)(G), , 74 Stat. 928–930, 934, 936–938; Pub. L. 87–64, title I, §§ 106, 107, , 75 Stat. 139, 140; Pub. L. 87–878, § 2, , 76 Stat. 1202; Pub. L. 88–350, § 2, , 78 Stat. 240; Pub. L. 88–382, , 78 Stat. 335; Pub. L. 89–97, title I, § 108(b), title III, §§ 314, 315, , 79 Stat. 338, 385; Pub. L. 90–248, title I, §§ 116(a)–(b)(2), (c), (d), 117, 119(a), 120(a), 121, 122(d), , 81 Stat. 840–844; Pub. L. 90–486, § 7, , 82 Stat. 759; Pub. L. 92–603, title I, § 126, , 86 Stat. 1358; Priv. L. 93–107, § 2, , 88 Stat. 2386; Pub. L. 95–216, title III, §§ 319–321, 353(b), , 91 Stat. 1541, 1553; Pub. L. 96–265, title V, § 503(a), , 94 Stat. 470; Pub. L. 98–21, title I, § 103(a), title III, §§ 325(a), 342(a), , 97 Stat. 71, 126, 136; Pub. L. 98–369, div. B, title VI, § 2663(a)(13), (j)(2)(A)(ii), (3)(A)(iii), , 98 Stat. 1164, 1170; Pub. L. 99–272, title XII, § 12110(a), (b), title XIII, § 13205(c), , 100 Stat. 287, 317; Pub. L. 99–509, title IX, § 9002(c)(1), (2)(C)–(E), , 100 Stat. 1971, 1972; Pub. L. 99–514, title XVIII, § 1883(a)(8), , 100 Stat. 2916; Pub. L. 100–203, title IV, § 4009(j)(7), title IX, § 9023(c), , 101 Stat. 1330–59, 1330–296; Pub. L. 101–239, title X, § 10208(d)(2)(A)(v), , 103 Stat. 2481; Pub. L. 101–508, title XI, § 11332(c), , 104 Stat. 1388–470; Pub. L. 103–296, title I, § 107(a)(4), title III, §§ 303(c), (d), 305(a), (b), 321(a)(18), (c)(6)(I), , 108 Stat. 1478, 1519, 1521, 1537, 1538; Pub. L. 108–203, title IV, § 416(a), , 118 Stat. 530.)