Title 42 — The Public Health and Welfare
Chapter 7 — Social Security
§ 429. Benefits in case of members of uniformed services
Statutory text
For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 1972, or entitlement to and the amount of any lump-sum death payment in case of a death after such month, payable under this subchapter on the basis of the wages and self-employment income of any individual, and for purposes of section 416(i)(3) of this title, such individual, if he was paid wages for service as a member of a uniformed service (as defined in section 410(m) of this title) which was included in the term “employment” as defined in section 410(a) of this title as a result of the provisions of section 410(l)(1)(A) of this title, shall be deemed to have been paid—
in each calendar quarter occurring after 1956 and before 1978 in which he was paid such wages, additional wages of $300, and
in each calendar year occurring after 1977 and before 2002 in which he was paid such wages, additional wages of $100 for each $300 of such wages, up to a maximum of $1,200 of additional wages for any calendar year.
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. 90–428 title I § 106 · 82 Stat. 446
Enacted · 42 U.S.C. § 429
Aug. 14, 1935, ch. 531, title II, § 229, as added Pub. L. 90–428, title I, § 106, Jan. 2, 1968, 81 Stat. 833
Source evidence
Code source credit
Aug. 14, 1935, ch. 531, title II, § 229, as added Pub. L. 90–428, title I, § 106, Jan. 2, 1968, 81 Stat. 833Social Security Amendments of 1972
Pub. L. 92–603 title I § 120(a) · 86 Stat. 1329
Substituted · 42 U.S.C. § 429(a)
Pub. L. 92–603 substituted “December 1972” for “December 1967”
Substituted · 42 U.S.C. § 429(a)
Pub. L. 92–603 substituted “after 1956” for “after 1967”
Struck · 42 U.S.C. § 429(a)
Pub. L. 92–603 struck out provisions limiting the wages deemed to have been paid an individual in addition to the wages actually paid him for his service to $100 if the wages actually paid to him in a quarter were $100 or less or to $200 if the wages actually paid to him in a quarter were more than $100 but not more than $200
Source evidence
Code amendment note
Subsec. (a). Pub. L. 92–603 substituted “December 1972” for “December 1967” and “after 1956” for “after 1967” and struck out provisions limiting the wages deemed to have been paid an individual in addition to the wages actually paid him for his service to $100 if the wages actually paid to him in a quarter were $100 or less or to $200 if the wages actually paid to him in a quarter were more than $100 but not more than $200.Enacted provision · exact public law section
(a) Subsection 229(a) of the Social Security Act is amended— (1) by striking out “after December 1967” and inserting in lieu thereof “after December 1972”; (2) by striking out “after 1967” and inserting in lieu thereof “after 1956”) and (3) by striking out all that follows “(in addition to the wages actually paid to him for such service)” and inserting in lieu thereof “of $800.”Social Security Amendments of 1977
Pub. L. 95–216 title III § 353(d) · 91 Stat. 1509
Substituted · 42 U.S.C. § 429(a)
Pub. L. 95–216 substituted provisions relating to applicability of benefits for wages deemed to have been paid in each calendar quarter occurring after 1956 and before 1978 and provisions relating to applicability of benefits for wages deemed to have been paid in each calendar quarter occurring after 1977, for provisions relating to applicability of benefits for wages deemed to have been paid in each calendar quarter occurring after 1956
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–216 substituted provisions relating to applicability of benefits for wages deemed to have been paid in each calendar quarter occurring after 1956 and before 1978 and provisions relating to applicability of benefits for wages deemed to have been paid in each calendar quarter occurring after 1977, for provisions relating to applicability of benefits for wages deemed to have been paid in each calendar quarter occurring after 1956.Enacted provision · exact public law section
(d) Section 229 (a) of such Act is amended— (1) by striking out “shall be deemed to have been paid, in each calendar quarter occurring after 1956 in which he” and inserting in lieu thereof “, if he”, and (2) by striking out “wages (in addition to the wages actually paid to him for such service) of $300.” at the end thereof and inserting in lieu thereof the following: “shall be deemed to have been paid— “(1) in each calendar quarter occurring after 1956 and before 1978 in which he was paid such wages, additional wages of $300, and “(2) in each calendar year occurring after 1977 in which he was paid such wages, additional wages of $100 for each $300 of such wages, up to a maximum of $1,200 of additional wages for any calendar year.”.Pub. L. 98–21 title I § 151(b)(1) · 97 Stat. 65
Amended · 42 U.S.C. § 429(b)
Pub. L. 98–21 amended subsec. (b) generally
Substituted · 42 U.S.C. § 429(b)
Pub. L. 98–21 substituting provisions relating to authorization of appropriations to each of the Trust Funds for transfer on July 1 of each calendar year for provision that had authorized appropriations to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund annually, as benefits under this subchapter and part A of subchapter XVIII of this chapter were paid after December 1967, such sums as the Secretary determined to be necessary to meet (1) the additional costs, resulting from subsec. (a), of such benefits (including lump-sum death payments), (2) the additional administrative expenses resulting therefrom, and (3) any loss in interest to such trust funds resulting from the payment of such amounts, and that such additional costs would be determined after any increases in such benefits arising from the application of section 417 of this title had been made
Source evidence
Code amendment note
Subsec. (b). Pub. L. 98–21 amended subsec. (b) generally, substituting provisions relating to authorization of appropriations to each of the Trust Funds for transfer on July 1 of each calendar year for provision that had authorized appropriations to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund annually, as benefits under this subchapter and part A of subchapter XVIII of this chapter were paid after December 1967, such sums as the Secretary determined to be necessary to meet (1) the additional costs, resulting from subsec. (a), of such benefits (including lump-sum death payments), (2) the additional administrative expenses resulting therefrom, and (3) any loss in interest to such trust funds resulting from the payment of such amounts, and that such additional costs would be determined after any increases in such benefits arising from the application of section 417 of this title had been made.Enacted provision · exact public law section
(1) Section 229(b) of such Act is amended to read as follows: 42 USC 429. “(b) There are authorized to be appropriated to each of the Trust Funds, consisting of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund, for transfer on July 1 of each calendar year to such Trust Fund from amounts in the general fund in the Treasury not otherwise appropriated, an amount equal to the total of the additional amounts which would be appropriated to such Trust Fund for the fiscal year ending September 30 of such calendar year under section 201 or 1817 of this Act if the amounts of 42 USC 401, 1395i. the additional wages deemed to have been paid for such calendar year by reason of subsection (a) constituted remuneration for employment (as defined in section 3121(b) of the Internal Revenue Code of 1954) for purposes of the taxes imposed by sections 3101 and 3111 26 USC 3121. 26 USC 3101, 3111. of the Internal Revenue Code of 1954. Amounts authorized to be appropriated under this subsection for transfer on July 1 of each calendar year shall be determined on the basis of estimates of the Secretary of the wages deemed to be paid for such calendar year under subsection (a); and proper adjustments shall be made in amounts authorized to be appropriated for subsequent transfer to the extent prior estimates were in excess of or were less than such wages so deemed to be paid.”.Spending Reduction Act of 1984
Pub. L. 98–369 div. B title VI § 2661(n) · 98 Stat. 494
Inserted · 42 U.S.C. § 429(b)
Pub. L. 98–369 inserted at end “Additional adjustments may be made in the amounts so authorized to be appropriated to the extent that the amounts transferred in accordance with clauses (i) and (ii) of section 151(b)(3)(B) of the Social Security Amendments of 1983 with respect to wages deemed to have been paid in 1983 were in excess of or were less than the amount which the Secretary, on the basis of appropriate data, determines should have been so transferred.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 98–369 inserted at end “Additional adjustments may be made in the amounts so authorized to be appropriated to the extent that the amounts transferred in accordance with clauses (i) and (ii) of section 151(b)(3)(B) of the Social Security Amendments of 1983 with respect to wages deemed to have been paid in 1983 were in excess of or were less than the amount which the Secretary, on the basis of appropriate data, determines should have been so transferred.”Enacted provision · exact public law section
(n) Section 229(b) of such Act is amended by adding at the end thereof the following new sentence: “Additional adjustments may be made in the amounts so authorized to be appropriated to the extent that the amounts transferred in accordance with clauses (i) and (ii) 97 Stat. 103 . of section 151(b)(3)(B) of the Social Security Amendments of 1983 with respect to wages deemed to have been paid in 1983 were in excess of or were less than the amount which the Secretary, on the basis of appropriate data, determines should have been so transferred.”.Pub. L. 100–203 title IX § 9001(c) · 101 Stat. 1330
Substituted · 42 U.S.C. § 429(a)
Pub. L. 100–203 substituted “section 410(l)(1)(A)” for “section 410(l)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 100–203 substituted “section 410(l)(1)(A)” for “section 410(l)”.Enacted provision · exact public law section
(c) Conforming Amendment.— Section 229(a) of the Social Security Act is amended by striking “section 210(1)” and inserting 42 USC 429. “210(1)(1)(A)”.Pub. L. 103–296 § 321(c)(6)(J) · 108 Stat. 1464
Substituted · 42 U.S.C. § 429(b)
Pub. L. 103–296, § 321(c)(6)(J), substituted “1986” for “1954” after “Code of” in two places
Source evidence
Code amendment note
Subsec. (b). Pub. L. 103–296, § 321(c)(6)(J), substituted “1986” for “1954” after “Code of” in two places.Enacted provision · exact public law section
(J) in section 229(b) (42 U.S.C. 429(b)),Effective date note
Amendment by section 107(a)(4) of Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title.Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
Substituted · 42 U.S.C. § 429(b)
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places.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”,Effective date note
Amendment by section 107(a)(4) of Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title.Pub. L. 108–203 § 420(b)(1) · 118 Stat. 493
Struck · 42 U.S.C. § 429
Pub. L. 108–203, § 420(b)(1), struck out subsec. (a) designation before “For purposes of”
Struck · 42 U.S.C. § 429
Pub. L. 108–203, § 420(b)(1), struck out subsec. (b), which authorized to be appropriated to each of the Trust Funds, for transfer on July 1 of each calendar year to such Fund, an amount equal to the total of the additional amounts which would be appropriated to such Fund for the fiscal year ending Sept. 30 of such calendar year under section 401 or 1395i of this title if the amounts of the additional wages deemed to have been paid for such calendar year constituted remuneration for employment for purposes of the taxes imposed by sections 3101 and 3111 of the Internal Revenue Code of 1986 and set forth provisions relating to determination of amounts authorized to be appropriated and adjustments to such amounts
Source evidence
Code amendment note
Pub. L. 108–203, § 420(b)(1), struck out subsec. (a) designation before “For purposes of” and struck out subsec. (b), which authorized to be appropriated to each of the Trust Funds, for transfer on July 1 of each calendar year to such Fund, an amount equal to the total of the additional amounts which would be appropriated to such Fund for the fiscal year ending Sept. 30 of such calendar year under section 401 or 1395i of this title if the amounts of the additional wages deemed to have been paid for such calendar year constituted remuneration for employment for purposes of the taxes imposed by sections 3101 and 3111 of the Internal Revenue Code of 1986 and set forth provisions relating to determination of amounts authorized to be appropriated and adjustments to such amounts.Enacted provision · exact public law section
(1) Repeal of authority for annual appropriations and related adjustments to compensate the social security trust fund for military wage credits.— Section 229 of the Social Security Act (42 U.S.C. 429) is amended— (A) by striking “(a)”; and (B) by striking subsection (b).Pub. L. 108–203 § 420(b)(2) · 118 Stat. 493
Inserted · 42 U.S.C. § 429(2)
Pub. L. 108–203, § 420(b)(2), inserted “and before 2002” after “1977”
Source evidence
Code amendment note
Par. (2). Pub. L. 108–203, § 420(b)(2), inserted “and before 2002” after “1977”.Enacted provision · exact public law section
(2) Amendment to reflect the termination of wage credits effective after calendar year 2001 by section 8134 of public law 107–117.— Section 229(a)(2) of the Social Security Act (42 U.S.C. 429(a)(2)), as amended by paragraph (1), is amended by inserting “and before 2002” after “1977”.
13 of 14 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1972–2004 · 7 rounds
2004
Pub. L. 108–203, § 420(b)(1), struck out subsec. (a) designation before “For purposes of” and struck out subsec. (b), which authorized to be appropriated to each of the Trust Funds, for transfer on July 1 of each calendar year to such Fund, an amount equal to the total of the additional amounts which would be appropriated to such Fund for the fiscal year ending Sept. 30 of such calendar year under section 401 or 1395i of this title if the amounts of the additional wages deemed to have been paid for such calendar year constituted remuneration for employment for purposes of the taxes imposed by sections 3101 and 3111 of the Internal Revenue Code of 1986 and set forth provisions relating to determination of amounts authorized to be appropriated and adjustments to such amounts.
Par. (2). Pub. L. 108–203, § 420(b)(2), inserted “and before 2002” after “1977”.
1994
Subsec. (b). Pub. L. 103–296, § 321(c)(6)(J), substituted “1986” for “1954” after “Code of” in two places.
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places.
1987
Subsec. (a). Pub. L. 100–203 substituted “section 410(l)(1)(A)” for “section 410(l)”.
1984
Subsec. (b). Pub. L. 98–369 inserted at end “Additional adjustments may be made in the amounts so authorized to be appropriated to the extent that the amounts transferred in accordance with clauses (i) and (ii) of section 151(b)(3)(B) of the Social Security Amendments of 1983 with respect to wages deemed to have been paid in 1983 were in excess of or were less than the amount which the Secretary, on the basis of appropriate data, determines should have been so transferred.”
1983
Subsec. (b). Pub. L. 98–21 amended subsec. (b) generally, substituting provisions relating to authorization of appropriations to each of the Trust Funds for transfer on July 1 of each calendar year for provision that had authorized appropriations to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund annually, as benefits under this subchapter and part A of subchapter XVIII of this chapter were paid after December 1967, such sums as the Secretary determined to be necessary to meet (1) the additional costs, resulting from subsec. (a), of such benefits (including lump-sum death payments), (2) the additional administrative expenses resulting therefrom, and (3) any loss in interest to such trust funds resulting from the payment of such amounts, and that such additional costs would be determined after any increases in such benefits arising from the application of section 417 of this title had been made.
1977
Subsec. (a). Pub. L. 95–216 substituted provisions relating to applicability of benefits for wages deemed to have been paid in each calendar quarter occurring after 1956 and before 1978 and provisions relating to applicability of benefits for wages deemed to have been paid in each calendar quarter occurring after 1977, for provisions relating to applicability of benefits for wages deemed to have been paid in each calendar quarter occurring after 1956.
1972
Subsec. (a). Pub. L. 92–603 substituted “December 1972” for “December 1967” and “after 1956” for “after 1967” and struck out provisions limiting the wages deemed to have been paid an individual in addition to the wages actually paid him for his service to $100 if the wages actually paid to him in a quarter were $100 or less or to $200 if the wages actually paid to him in a quarter were more than $100 but not more than $200.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by section 107(a)(4) of Pub. L. 103–296 effective , see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title.
Effective Date of 1987 Amendment
Amendment by Pub. L. 100–203 applicable with respect to remuneration paid after , see section 9001(d) of Pub. L. 100–203, set out as a note under section 3121 of Title 26, Internal Revenue Code.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–369 effective as though included in the enactment of the Social Security Amendments of 1983, Pub. L. 98–21, see section 2664(a) of Pub. L. 98–369, set out as a note under section 401 of this title.
Effective Date of 1983 Amendment
Pub. L. 98–21, title I, § 151(b)(2), , 97 Stat. 104, provided that: “The amendment made by paragraph (1) [amending this section] shall be effective with respect to wages deemed to have been paid for calendar years after 1983.”
Effective Date of 1977 Amendment
Amendment by Pub. L. 95–216 effective , see section 353(g) of Pub. L. 95–216, set out as a note under section 418 of this title.
Effective Date of 1972 Amendment
Pub. L. 92–603, title I, § 120(b), , 86 Stat. 1352, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1972 and with respect to lump-sum death payments under such title in the case of deaths occurring after December 1972 except that, in the case of any individual who is entitled, on the basis of the wages and self-employment income of any individual to whom section 229 of such Act [42 U.S.C. 429] applies, to monthly benefits under title II of such Act for the month in which this Act is enacted [October 1972], such amendments shall apply (1) only if a written request for a recalculation of such benefits (by reason of such amendments) under the provisions of section 215(b) and (d) of such Act [42 U.S.C. 415(b), (d)], as in effect at the time such request is filed, is filed by such individual, or any other individual, entitled to benefits under such title II on the basis of such wages and self-employment income, and (2) only with respect to such benefits for months beginning with whichever of the following is later: January 1973 or the twelfth month before the month in which such request was filed. Recalculations of benefits as required to carry out the provisions of this section shall be made notwithstanding the provisions of section 215(f)(1) of the Social Security Act, and no such recalculation shall be regarded as a recomputation for purposes of section 215(f) of such Act.”
Payment of Wages After 2001
Pub. L. 107–117, div. A, title VIII, § 8134, , 115 Stat. 2278, provided that: “Notwithstanding section 229(a) of the Social Security Act [42 U.S.C. 429(a)], no wages shall be deemed to have been paid to any individual pursuant to that section in any calendar year after 2001.”
Compensatory Payments to Trust Funds
Pub. L. 98–21, title I, § 151(b)(3), , 97 Stat. 104, as amended by Pub. L. 99–514, § 2, , 100 Stat. 2095, provided that:
“(A) Within thirty days after the date of the enactment of this Act [], the Secretary of Health and Human Services shall determine the additional amounts which would have been appropriated to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund under sections 201 and 1817 of the Social Security Act [42 U.S.C. 401, 1395i] if the additional wages deemed to have been paid under section 229(a) of the Social Security Act [42 U.S.C. 429(a)] prior to 1984 had constituted remuneration for employment (as defined in section 3121(b) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] [26 U.S.C. 3121(b)]) for purposes of the taxes imposed by sections 3101 and 3111 of the Internal Revenue Code of 1986 [26 U.S.C. 3101, 3111], and the amount of interest which would have been earned on such amounts if they had been so appropriated.
“(B) (i) Within thirty days after the date of the enactment of this Act [], the Secretary of the Treasury shall transfer to each such Trust Fund, from amounts in the general fund of the Treasury not otherwise appropriated, an amount equal to the amount determined with respect to such Trust Fund under subparagraph (A), less any amount appropriated to such Trust Fund pursuant to the provisions of section 229(b) of the Social Security Act [42 U.S.C. 429(b)] prior to the date of the determination made under subparagraph (A) with respect to wages deemed to have been paid for calendar years prior to 1984.
“(ii) The Secretary of Health and Human Services shall revise the amount determined under clause (i) with respect to each such Trust Fund within one year after the date of the transfer made to such Trust Fund under clause (i), as determined appropriate by such Secretary from data which becomes available to him after the date of the transfer under clause (i). Within 30 days after any such revision, the Secretary of the Treasury shall transfer to such Trust Fund, from amounts in the general fund of the Treasury not otherwise appropriated, or from such Trust Fund to the general fund of the Treasury, such amounts as the Secretary of Health and Human Services certifies as necessary to take into account such revision.”
Credits
1935–2004 · 8 acts
- 1935Aug. 14, 1935, ch. 531, title II, § 229, as added Pub. L. 90–428, title I, § 106, , 81 Stat. 833
- 1972amended Pub. L. 92–603, title I, § 120(a), , 86 Stat. 1352
- 1977Pub. L. 95–216, title III, § 353(d), , 91 Stat. 1554
- 1983Pub. L. 98–21, title I, § 151(b)(1), , 97 Stat. 104
- 1984Pub. L. 98–369, div. B, title VI, § 2661(n), , 98 Stat. 1158
- 1987Pub. L. 100–203, title IX, § 9001(c), , 101 Stat. 1330–286
- 1994Pub. L. 103–296, title I, § 107(a)(4), title III, § 321(c)(6)(J), , 108 Stat. 1478, 1538
- 2004Pub. L. 108–203, title IV, § 420(b), , 118 Stat. 535.
Show as published
(Aug. 14, 1935, ch. 531, title II, § 229, as added Pub. L. 90–428, title I, § 106, , 81 Stat. 833; amended Pub. L. 92–603, title I, § 120(a), , 86 Stat. 1352; Pub. L. 95–216, title III, § 353(d), , 91 Stat. 1554; Pub. L. 98–21, title I, § 151(b)(1), , 97 Stat. 104; Pub. L. 98–369, div. B, title VI, § 2661(n), , 98 Stat. 1158; Pub. L. 100–203, title IX, § 9001(c), , 101 Stat. 1330–286; Pub. L. 103–296, title I, § 107(a)(4), title III, § 321(c)(6)(J), , 108 Stat. 1478, 1538; Pub. L. 108–203, title IV, § 420(b), , 118 Stat. 535.)