Title 42 — The Public Health and Welfare
Chapter 7 — Social Security
§ 430. Adjustment of contribution and benefit base
Statutory text
Determination and publication by Commissioner in Federal Register subsequent to cost-of-living benefit increase; effective date
Whenever the Commissioner of Social Security pursuant to section 415(i) of this title increases benefits effective with the December following a cost-of-living computation quarter, the Commissioner shall also determine and publish in the Federal Register on or before November 1 of the calendar year in which such quarter occurs the contribution and benefit base determined under subsection (b) or (c) which shall be effective with respect to remuneration paid after the calendar year in which such quarter occurs and taxable years beginning after such year.
Determination of amount
The amount of such contribution and benefit base shall (subject to subsection (c)) be the amount of the contribution and benefit base in effect in the year in which the determination is made or, if larger, the product of—
$60,600, and
the ratio of (A) the national average wage index (as defined in section 409(k)(1) of this title) for the calendar year before the calendar year in which the determination under subsection (a) is made to (B) the national average wage index (as so defined) for 1992,
with such product, if not a multiple of $300, being rounded to the next higher multiple of $300 where such product is a multiple of $150 but not of $300 and to the nearest multiple of $300 in any other case.
Amount of base for period prior to initial cost-of-living benefit increase
For purposes of this section, and for purposes of determining wages and self-employment income under sections 409, 411, 413, and 415 of this title and sections 1402, 3121, 3122, 3125, 6413, and 6654 of the Internal Revenue Code of 1986, (1) the “contribution and benefit base” with respect to remuneration paid in (and taxable years beginning in) any calendar year after 1973 and prior to the calendar year with the June of which the first increase in benefits pursuant to section 415(i) of this title becomes effective shall be $13,200 or (if applicable) such other amount as may be specified in a law enacted subsequent to the law which added this section, and (2) the “contribution and benefit base” with respect to remuneration paid (and taxable years beginning)—
in 1978 shall be $17,700,
in 1979 shall be $22,900,
in 1980 shall be $25,900, and
in 1981 shall be $29,700.
For purposes of determining under subsection (b) the “contribution and benefit base” with respect to remuneration paid (and taxable years beginning) in 1982 and subsequent years, the dollar amounts specified in clause (2) of the preceding sentence shall be considered to have resulted from the application of such subsection (b) and to be the amount determined (with respect to the years involved) under that subsection.
Determinations for calendar years after 1976 for purposes of retirement benefit plans
Notwithstanding any other provision of law, the contribution and benefit base determined under this section for any calendar year after 1976 for purposes of section 1322(b)(3)(B) of title 29, with respect to any plan, shall be the contribution and benefit base that would have been determined for such year if this section as in effect immediately prior to the enactment of the Social Security Amendments of 1977 had remained in effect without change (except that, for purposes of subsection (b) of such section 430 of this title as so in effect, the reference to the contribution and benefit base in paragraph (1) of such subsection (b) shall be deemed a reference to an amount equal to $45,000, each reference in paragraph (2) of such subsection (b) to the average of the wages of all employees as reported to the Secretary of the Treasury shall be deemed a reference to the national average wage index (as defined in section 409(k)(1) of this title), the reference to a preceding calendar year in paragraph (2)(A) of such subsection (b) shall be deemed a reference to the calendar year before the calendar year in which the determination under subsection (a) of such section 430 of this title is made, and the reference to a calendar year in paragraph (2)(B) of such subsection (b) shall be deemed a reference to 1992).
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. 92–336 title II § 202(b)(1) · 86 Stat. 406
Enacted · 42 U.S.C. § 430
Aug. 14, 1935, ch. 531, title II, § 230, as added Pub. L. 92–336, title II, § 202(b)(1), July 1, 1972, 86 Stat. 416
Source evidence
Code source credit
Aug. 14, 1935, ch. 531, title II, § 230, as added Pub. L. 92–336, title II, § 202(b)(1), July 1, 1972, 86 Stat. 416Enacted provision · exact public law section
(1) Title II of the Social Security Act is amended by adding at the end thereof the following new section: “Sec. 230. “adjustment of the contribution and benefit base (a) Whenever the Secretary pursuant to section 215(i) Ante, p. 412. increases benefits effective with the first month of the calendar year following a cost-of-living computation quarter, he shall also determine and publish in the Federal Register on or before November 1 of Publication in Federal Register. the calendar year in which such quarter occurs (along with the publication of such benefit increase as required by section 215(i)(2)(D)) the contribution and benefit base determined under subsection (b) which shall be effective (unless such increase in benefits is prevented from becoming effective by section 215(i)(2)(E)) with respect to remuneration paid after the calendar year in which such quarter occurs and taxable years beginning after such year. “(b) The amount of such contribution and benefit base shall be the amount of the contribution and benefit base in effect in the year in which the determination is made or, if larger, the product of— “(1) the contribution and benefit base which was in effect with respect to remuneration paid in (and taxable years beginning in) the calendar year in which the determination under subsection (a) with respect to such particular calendar year was made, and “(2) the ratio of (A) the average of the taxable wages of all employees as reported to the Secretary for the first calendar quarter of the calendar year in which the determination under subsection (a) with respect to such particular calendar year was made to the latest or (B) the average of the taxable wages of all employees as reported to the Secretary, for the first calendar quarter of 1973 or the first calendar quarter of the most recent calendar year in which an increase in the contribution and benefit base was enacted or a determination resulting in such an increase was made under subsection (a), with such product, if not a multiple of $300, being rounded to the next higher multiple of $300 where such product is a multiple of $150 but not of $300 and to the nearest multiple of $300 in any other case. “(c) For purposes of this section, and for purposes of determining “Contribution and benefit base.” Infra; Post, p. 418; Ante, pp 406–416. Post, pp. 418–420. wages and self-employment income under sections 209, 211, 213, and 215 of this Act and sections 1402. 3121, 3122, 3125, 6413, and 6654 of the Internal Revenue Code of 1954, the ‘contribution and benefit base’ with respect to remuneration paid in (and taxable years beginning in) any calendar year after 1973 and prior to the calendar year with the first month of which the first increase in benefits pursuant to section 215(i) of this Act becomes effective shall be $12,000 or (if applicable) such other amount as may be specified in a law enacted subsequent to the law which added this section.”Social Security Amendments of 1972
Pub. L. 92–603 title I § 144(a)(4) · 86 Stat. 1329
Substituted · 42 U.S.C. § 430(b)(2)(A)
Pub. L. 92–603 substituted “of” for “or”
Source evidence
Code amendment note
Subsec. (b)(2)(A). Pub. L. 92–603 substituted “of” for “or”.Enacted provision · exact public law section
(4) Section 230(b) (2) of such Act (as added by section 202(b) (1) Ante, p. 417. of Public Law 92–336) is amended by striking out “or” at the end of clause (A) and inserting in lieu thereof “of”.Pub. L. 93–66 title II § 203(c) · 87 Stat. 152
Substituted · 42 U.S.C. § 430(c)
Pub. L. 93–66 substituted “$12,600” for “$12,000”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 93–66 substituted “$12,600” for “$12,000”.Enacted provision · exact public law section
(c) Section 230(c) of the Social Security Act is amended by striking 86 Stat. 417. 42 USC 430. out “$12,000” and inserting in lieu thereof “$12,600”.Pub. L. 93–233 § 3(j)(1) · 87 Stat. 946
Substituted · 42 U.S.C. § 430(a)
Pub. L. 93–233, § 3(j)(1), substituted “with the June” for “with the first month of the calendar year”
Struck · 42 U.S.C. § 430(a)
Pub. L. 93–233, § 3(j)(1), struck out “(along with the publication of such benefit increase as required by section 415(i)(2)(D) of this title)” after “such quarter occurs” and “(unless such increase in benefits is prevented from becoming effective by section 415(i)(2)(E) of this title)” after “shall be effective”, respectively
Source evidence
Code amendment note
Subsec. (a). Pub. L. 93–233, § 3(j)(1), substituted “with the June” for “with the first month of the calendar year” and struck out “(along with the publication of such benefit increase as required by section 415(i)(2)(D) of this title)” after “such quarter occurs” and “(unless such increase in benefits is prevented from becoming effective by section 415(i)(2)(E) of this title)” after “shall be effective”, respectively.Enacted provision · exact public law section
(1) Section 230(a) of such Act is amended— (A) by striking out “with the first month of the calendar year” and inserting in lieu thereof “with the June”; and (B) by striking out “(along with the publication of such benefit increase as required by section 215(i) (2) (D))” and by striking out “(unless such increase in benefits is prevented from becoming effective by section 215(i) (2) (E) )”.Pub. L. 93–233 · 87 Stat. 946
Substituted · 42 U.S.C. § 430(c)
Pub. L. 93–233, §§ 3(j)(2), 5(c), substituted “the June” for “the first month” respectively
Substituted · 42 U.S.C. § 430(c)
Pub. L. 93–233, §§ 3(j)(2), 5(c), substituted “$13,200” for “$12,600” respectively
Source evidence
Code amendment note
Subsec. (c). Pub. L. 93–233, §§ 3(j)(2), 5(c), substituted “the June” for “the first month” and “$13,200” for “$12,600”, respectively.Combined Old-Age, Survivors, and Disability Insurance-Income Tax Reporting Amendments of 1975
Pub. L. 94–202 § 8(h) · 89 Stat. 1135
Substituted · 42 U.S.C. § 430(b)
Pub. L. 94–202 substituted “wages of all employees as reported to the Secretary of the Treasury for the calendar year preceding the calendar year” for “taxable wages of all employees as reported to the Secretary for the first calendar quarter of the calendar year” in cl. (A) of par. (2)
Substituted · 42 U.S.C. § 430(b)
Pub. L. 94–202 substituted “made to” for “made to the latest of” in cl. (A) of par. (2)
Substituted · 42 U.S.C. § 430(b)
Pub. L. 94–202 substituted “wages of all employees as reported to the Secretary of the Treasury for the calendar year 1973 or, if later, the calendar year preceding” for “taxable wages of all employees as reported to the Secretary for the first calendar quarter of 1973 or the first calendar quarter of” in cl. (B) of par. (2)
Inserted · 42 U.S.C. § 430(b)
Pub. L. 94–202 inserted, following par. (2), provision directing that the average wages for the calendar year 1978, or any prior calendar year, be deemed equal to 400% of the average wages reported for the first quarter of that calendar year
Source evidence
Code amendment note
Subsec. (b). Pub. L. 94–202 substituted “wages of all employees as reported to the Secretary of the Treasury for the calendar year preceding the calendar year” for “taxable wages of all employees as reported to the Secretary for the first calendar quarter of the calendar year” and “made to” for “made to the latest of” in cl. (A) of par. (2), substituted “wages of all employees as reported to the Secretary of the Treasury for the calendar year 1973 or, if later, the calendar year preceding” for “taxable wages of all employees as reported to the Secretary for the first calendar quarter of 1973 or the first calendar quarter of” in cl. (B) of par. (2), and inserted, following par. (2), provision directing that the average wages for the calendar year 1978, or any prior calendar year, be deemed equal to 400% of the average wages reported for the first quarter of that calendar year.Enacted provision · exact public law section
(h) (1) Section 230(b) (2) of the Social Security Act is amended to 42 USC 430. read as follows: “(2) the ratio of (A) the average of the wages of all employees as reported to the Secretary of the Treasury for the calendar year preceding the calendar year in which the determination under subsection (a) with respect to such particular calendar year was made to (B) the average of the wages of all employees as reported to the Secretary of the Treasury for the calendar year 1973 or, if later, the calendar year preceding the most recent calendar year in which an increase in the contribution and benefit base was enacted or a determination resulting in such an increase was made under subsection (a),”. (2) Section 230(b) of such Act is further amended by adding at the end thereof the following new sentence: “For purposes of this subsection, the average of the wages for the calendar year 1978 (or any prior calendar year) shall, in the case of determinations made under subsection (a) prior to December 31, 1979, be deemed to be an amount equal to 400 per centum of the amount of the average of the taxable wages of all employees as reported to the Secretary for the first calendar quarter of such calendar year.”Social Security Amendments of 1977
Pub. L. 95–216 § 103(a)(1) · 91 Stat. 1509
Substituted · 42 U.S.C. § 430(a)
Pub. L. 95–216, § 103(a)(1), substituted “determined under subsection (b) or (c)” for “determined under subsection (b)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–216, § 103(a)(1), substituted “determined under subsection (b) or (c)” for “determined under subsection (b)”.Enacted provision · exact public law section
(1) Section 230(a) of the Social Security Act is 42 USC 430. amended by inserting “or (c)” after “determined under subsection (b)”Social Security Amendments of 1977
Pub. L. 95–216 § 103(a)(2) · 91 Stat. 1509
Substituted · 42 U.S.C. § 430(b)
Pub. L. 95–216, § 103(a)(2), in provisions preceding par. (1), substituted “shall (subject to subsection (c)) be the amount” for “shall be the amount”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 95–216, § 103(a)(2), in provisions preceding par. (1), substituted “shall (subject to subsection (c)) be the amount” for “shall be the amount”.Enacted provision · exact public law section
(2) Section 230(b) of such Act is amended by striking out “shall be” in the matter preceding paragraph (1) and inserting in lieu thereof “shall (subject to subsection (c)) be”. Infra. Contribution and benefit base.Social Security Amendments of 1977
Pub. L. 95–216 § 353(e)(2) · 91 Stat. 1509
Substituted · 42 U.S.C. § 430(b)(1)
Pub. L. 95–216, § 353(e)(2), substituted “determination under subsection (a) of this section is made” for “determination under subsection (a) of this section with respect to such particular calendar year was made”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 95–216, § 353(e)(2), substituted “determination under subsection (a) of this section is made” for “determination under subsection (a) of this section with respect to such particular calendar year was made”.Enacted provision · exact public law section
(2) Section 230(b) (1) of such Act is amended to read as follows: “(1) the contribution and benefit base which is in effect with respect to remuneration paid in (and taxable years beginning in) the calendar year in which the determination under subsection (a) is made, and”.Social Security Amendments of 1977
Pub. L. 95–216 § 353(e)(3) · 91 Stat. 1509
Substituted · 42 U.S.C. § 430(b)(2)
Pub. L. 95–216, § 353(e)(3), substituted “(A) the average of the total wages (as defined in regulations of the Secretary and computed without regard to the limitations specified in section 409(a) of this title) reported to the Secretary of the Treasury or his delegate for the calendar year in which the determination under subsection (a) of this section is made to (B) the average of the total wages (as so defined and computed) reported to the Secretary of the Treasury or his delegate for the calendar year before” for “(A) the average of the wages of all employees as reported to the Secretary of the Treasury for the calendar year preceding the calendar year in which the determination under subsection (a) of this section with respect to such particular calendar years was made to (B) the average of the wages of all employees as reported to the Secretary of the Treasury for the calendar year 1973 or, if later, the calendar year preceding”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 95–216, § 353(e)(3), substituted “(A) the average of the total wages (as defined in regulations of the Secretary and computed without regard to the limitations specified in section 409(a) of this title) reported to the Secretary of the Treasury or his delegate for the calendar year in which the determination under subsection (a) of this section is made to (B) the average of the total wages (as so defined and computed) reported to the Secretary of the Treasury or his delegate for the calendar year before” for “(A) the average of the wages of all employees as reported to the Secretary of the Treasury for the calendar year preceding the calendar year in which the determination under subsection (a) of this section with respect to such particular calendar years was made to (B) the average of the wages of all employees as reported to the Secretary of the Treasury for the calendar year 1973 or, if later, the calendar year preceding”.Enacted provision · exact public law section
(3) Section 230(b) (2) of such Act is amended to read as follows: “(2) the ratio of (A) the average of the total wages (as defined in regulations of the Secretary and computed without 42 USC 409. regard to the limitations specified in section 209(a)) reported to the Secretary of the Treasury or his delegate for the calendar year before the calendar year in which the determination under subsection (a) is made to (B) the average of the total wages (as so defined and computed) reported to the Secretary of the Treasury or his delegate for the calendar year before the most recent calendar year in which an increase in the contribution and benefit base was enacted or a determination resulting in such an increase was made under subsection (a),”.Social Security Amendments of 1977
Pub. L. 95–216 § 353(e)(1) · 91 Stat. 1509
Struck · 42 U.S.C. § 430(b)
Pub. L. 95–216, § 353(e)(1), in provisions following par. (2), struck out directive that, for purposes of this subsection, the average of the wages for the calendar year 1978 (or any prior calendar year), in the case of determinations made under subsection (a) of this section prior to December 31, 1979, be deemed to be an amount equal to 400 per centum of the amount of the average of the taxable wages of all employees as reported to the Secretary for the first calendar quarter of such calendar year
Source evidence
Code amendment note
Subsec. (b). Pub. L. 95–216, § 353(e)(1), in provisions following par. (2), struck out directive that, for purposes of this subsection, the average of the wages for the calendar year 1978 (or any prior calendar year), in the case of determinations made under subsection (a) of this section prior to December 31, 1979, be deemed to be an amount equal to 400 per centum of the amount of the average of the taxable wages of all employees as reported to the Secretary for the first calendar quarter of such calendar year.Enacted provision · exact public law section
(1) Section 230(b) of such Act is amended by striking out the last sentence.Social Security Amendments of 1977
Pub. L. 95–216 § 103(b) · 91 Stat. 1509
Amended · 42 U.S.C. § 430(c)
Pub. L. 95–216, § 103(b), designated existing provisions as introductory material and cl. (1)
Added · 42 U.S.C. § 430(c)
Pub. L. 95–216, § 103(b), added cl. (2) and closing material
Source evidence
Code amendment note
Subsec. (c). Pub. L. 95–216, § 103(b), designated existing provisions as introductory material and cl. (1) and added cl. (2) and closing material.Enacted provision · exact public law section
(b) Section 230 (c) of such Act is amended— (1) by inserting “(1)” immediately before “the ‘contribution and benefit base’ ”; and (2) by striking out “section.” and inserting in lieu thereof the following: “section, and (2) the ‘contribution and benefit base’ with respect to remuneration paid (and taxable years beginning)— “(A) in 1978 shall be $17,700, “(B) in 1979 shall be $22,900, “(C) in 1980 shall be $25,900, and “(D) in 1981 shall lie$29,700. For purposes of determining under subsection (b) the ‘contribution and benefit base’ with respect to remuneration paid (and taxable years beginning) in 1982 and subsequent years, the dollar amounts specified in clause (2) of the preceding sentence shall be considered to have resulted from the application of such subsection (b) and to be the amount determined (with respect to the years involved) under that subsection. For purposes of determining employer tax liability under section 3221(a) of the Internal Revenue Code of 1954, for purposes of 26 USC 3221. determining the portion of the employee representative tax liability 26 USC 3211. under section 3211(a) of such Code which results from the application of the 9.5 percent rate specified therein, and for purposes of computing average monthly compensation under section 3(j) of the 45 USC 231b. Railroad Retirement Act of 1974, except with respect to annuity amounts determined under section 3(a) or (3) (f) (3) of such Act, clause (2) and the preceding sentence of this subsection shall be disregarded.”.Social Security Amendments of 1977
Pub. L. 95–216 § 103(c)(1) · 91 Stat. 1509
Added · 42 U.S.C. § 430(d)
Pub. L. 95–216, § 103(c)(1), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 95–216, § 103(c)(1), added subsec. (d).Enacted provision · exact public law section
(1) Section 230 of such Act is further amended by adding at the end thereof the following new subsection: “(d) Notwithstanding any other provision of law, the contribution and benefit base determined under this section for any calendar year after 1976 for purposes of section 4022(b) (3) (B) of Public Law 29 USC 1322. 93–106, with respect to any plan, shall be the contribution and benefit base that would have been determined for such year if this section as in effect immediately prior to the enactment of the Social Security Amendments of 1977 had remained in effect without change.”.Economic Recovery Tax Act of 1981
Pub. L. 97–34 title VII § 741(d)(1) · 95 Stat. 175
Substituted · 42 U.S.C. § 430(c)
Pub. L. 97–34 substituted in last sentence “employee and employer” for “employer”
Substituted · 42 U.S.C. § 430(c)
Pub. L. 97–34 substituted in last sentence “sections 3201(a) and 3221(a)” for “section 3221(a)”
Substituted · 42 U.S.C. § 430(c)
Pub. L. 97–34 substituted in last sentence “11.75” for “9.5”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 97–34 substituted in last sentence “employee and employer” for “employer”, “sections 3201(a) and 3221(a)” for “section 3221(a)”, and “11.75” for “9.5”.Enacted provision · exact public law section
(1) The last sentence of section 230(c) of the Social Security Act 42 USC 430. is amended— (A) by inserting “employee and” before “employer”, (B) by striking out “section 3221(a)” and inserting in lieu thereof “sections 3201(a) and 3221(a)”, and (C) by striking out “9.5” and inserting in lieu thereof “11.75”.Pub. L. 98–21 title I § 111(a)(5) · 97 Stat. 65
Substituted · 42 U.S.C. § 430(a)
Pub. L. 98–21 substituted “December” for “June”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–21 substituted “December” for “June”.Enacted provision · exact public law section
(5) Section 230(a) of such Act is amended by striking out “June” 42 USC 430. and inserting in lieu thereof “December”.Railroad Retirement Solvency Act of 1983
Pub. L. 98–76 § 225(a)(4) · 97 Stat. 411
Struck · 42 U.S.C. § 430(c)
Pub. L. 98–76, § 225(a)(4), struck out provision that for purposes of determining employee and employer tax liability under sections 3201(a) and 3221(a) of the Internal Revenue Code of 1954, for purposes of determining the portion of the employee representative tax liability under section 3211(a) of such Code which resulted from the application of the 12.75 percent rate specified therein, and for purposes of computing average monthly compensation under section 231b(j) of title 45, except with respect to annuity amounts determined under section 231b(a) or (f)(3) of title 45, clause (2) and the preceding sentence of this subsection shall be disregarded
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–76, § 225(a)(4), struck out provision that for purposes of determining employee and employer tax liability under sections 3201(a) and 3221(a) of the Internal Revenue Code of 1954, for purposes of determining the portion of the employee representative tax liability under section 3211(a) of such Code which resulted from the application of the 12.75 percent rate specified therein, and for purposes of computing average monthly compensation under section 231b(j) of title 45, except with respect to annuity amounts determined under section 231b(a) or (f)(3) of title 45, clause (2) and the preceding sentence of this subsection shall be disregarded.Enacted provision · exact public law section
(4) The last sentence of section 230(c) of the Social Security Act is hereby repealed.Railroad Retirement Solvency Act of 1983
Pub. L. 98–76 § 211(d) · 97 Stat. 411
Substituted · 42 U.S.C. § 430(c)
Pub. L. 98–76, § 211(d), temporarily substituted “12.75 percent” for “11.75 percent”. See Effective and Termination Dates of 1983 Amendments note below
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 98–76, § 211(d), temporarily substituted “12.75 percent” for “11.75 percent”. See Effective and Termination Dates of 1983 Amendments note below.Enacted provision · exact public law section
(d) Technical Amendment.— The last sentence of section 230(c) of the Social Security Act is amended by striking out “11.75 percent” 42 USC 430. and inserting in lieu thereof “12.75 percent”.Spending Reduction Act of 1984
Pub. L. 98–369 div. B title VI § 2663(a)(18) · 98 Stat. 494
Repealed · 42 U.S.C. § 430(c)
Pub. L. 98–369, in last sentence which was repealed by Pub. L. 98–76
Substituted · 42 U.S.C. § 430(c)
Pub. L. 98–369, in last sentence which was substituted “3(a) or 3(f)(3)” for “3(a) or (3)(f)(3)” in the original, which had been translated as “section 231b(a) or (f)(3) of title 45”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–369, in last sentence which was repealed by Pub. L. 98–76, substituted “3(a) or 3(f)(3)” for “3(a) or (3)(f)(3)” in the original, which had been translated as “section 231b(a) or (f)(3) of title 45”.Enacted provision · exact public law section
(18) The last sentence of section 230(c) of such Act is amended by 97 Stat. 425. 42 USC 430. 42 USC 502. striking out “(3)(f)(3)” and inserting in lieu thereof “3(f)(3)”.Miscellaneous and Technical Social Security Act Amendments of 1989
Pub. L. 101–239 § 10208(b)(1)(A) · 103 Stat. 2106
Amended · 42 U.S.C. § 430(b)(2)(A)
Pub. L. 101–239, § 10208(b)(1)(A), as amended by Pub. L. 103–296, § 321(b)(2)
Substituted · 42 U.S.C. § 430(b)(2)(A)
Pub. L. 101–239, § 10208(b)(1)(A), as substituted “the deemed average total wages (as defined in section 409(k)(1) of this title)” for “the average of the total wages (as defined in regulations of the Secretary and computed without regard to the limitations specified in section 409(a)(1) of this title) reported to the Secretary of the Treasury or his delegate”
Source evidence
Code amendment note
Subsec. (b)(2)(A). Pub. L. 101–239, § 10208(b)(1)(A), as amended by Pub. L. 103–296, § 321(b)(2), substituted “the deemed average total wages (as defined in section 409(k)(1) of this title)” for “the average of the total wages (as defined in regulations of the Secretary and computed without regard to the limitations specified in section 409(a)(1) of this title) reported to the Secretary of the Treasury or his delegate”.Enacted provision · exact public law section
(A) by striking “the average of the total wages (as defined in regulations of the Secretary and computed without regard to the limitations specified in section 209(a)(1)) reported to the Secretary of the Treasury or his delegate” and inserting “the deemed average total wages (as defined in section 209(k)(1))”;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, title III, § 321(b)(2), Aug. 15, 1994, 108 Stat. 1537, provided that the amendment made by that section is effective as if included in section 10208(b)(1) of Pub. L. 101–239. Amendment by section 321(g)(1)(A), (B) of Pub. L. 103–296 effective with respect to the determination of the contribution and benefit base for years after 1994, see section 321(g)(3)(A) of Pub. L. 103–296, set out as a note under section 415 of this title.Miscellaneous and Technical Social Security Act Amendments of 1989
Pub. L. 101–239 § 10208(d)(2)(A)(i) · 103 Stat. 2106
Substituted · 42 U.S.C. § 430(b)(2)(A)
Pub. L. 101–239, § 10208(d)(2)(A)(i), substituted “409(a)(1)” for “409(a)”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–239, § 10208(d)(2)(A)(i), substituted “409(a)(1)” for “409(a)”.Enacted provision · exact public law section
(i) in sections 203(f)(8)(B)(ii)(I), 213(d)(2)(B), 215(a)(1)(B)(ii)(I), 215(b)(3)(A)(ii)(I), 224(f)(2)(B)(i), and 230(b)(2)(A) (42 U.S.C. 403(f)(8)(B)(ii)(I), 413(d)(2)(B), 415(a)(1)(B)(ii)(I), 415(b)(3)(A)(ii)(I), 424a(f)(2)(B)(i), and 430(b)(2)(A)), by striking “section 209(a)” and inserting “section 209(a)(1)”;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, title III, § 321(b)(2), Aug. 15, 1994, 108 Stat. 1537, provided that the amendment made by that section is effective as if included in section 10208(b)(1) of Pub. L. 101–239. Amendment by section 321(g)(1)(A), (B) of Pub. L. 103–296 effective with respect to the determination of the contribution and benefit base for years after 1994, see section 321(g)(3)(A) of Pub. L. 103–296, set out as a note under section 415 of this title.Miscellaneous and Technical Social Security Act Amendments of 1989
Pub. L. 101–239 § 10208(b)(1)(B) · 103 Stat. 2106
Amended · 42 U.S.C. § 430(b)(2)(B)
Pub. L. 101–239, § 10208(b)(1)(B), as amended by Pub. L. 103–296, § 321(b)(2)
Substituted · 42 U.S.C. § 430(b)(2)(B)
Pub. L. 101–239, § 10208(b)(1)(B), as substituted “the deemed average total wages (as so defined)” for “the average of the total wages (as so defined and computed) reported to the Secretary of the Treasury or his delegate”
Source evidence
Code amendment note
Subsec. (b)(2)(B). Pub. L. 101–239, § 10208(b)(1)(B), as amended by Pub. L. 103–296, § 321(b)(2), substituted “the deemed average total wages (as so defined)” for “the average of the total wages (as so defined and computed) reported to the Secretary of the Treasury or his delegate”.Enacted provision · exact public law section
(B) by striking “the average of the total wages (as so defined and computed) reported to the Secretary of the Treasury or his delegate” and inserting “the deemed average total wages (as so defined)”; andEffective 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, title III, § 321(b)(2), Aug. 15, 1994, 108 Stat. 1537, provided that the amendment made by that section is effective as if included in section 10208(b)(1) of Pub. L. 101–239. Amendment by section 321(g)(1)(A), (B) of Pub. L. 103–296 effective with respect to the determination of the contribution and benefit base for years after 1994, see section 321(g)(3)(A) of Pub. L. 103–296, set out as a note under section 415 of this title.Miscellaneous and Technical Social Security Act Amendments of 1989
Pub. L. 101–239 § 10208(b)(5) · 103 Stat. 2106
Substituted · 42 U.S.C. § 430(d)
Pub. L. 101–239, § 10208(b)(5), substituted “change (except that, for purposes of subsection (b)(2)(A) of this section as so in effect, the reference therein to the average of the wages of all employees as reported to the Secretary of the Treasury for any calendar year shall be deemed a reference to the deemed average total wage (within the meaning of section 409(k)(1) of this title) for such calendar year)” for “change”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 101–239, § 10208(b)(5), substituted “change (except that, for purposes of subsection (b)(2)(A) of this section as so in effect, the reference therein to the average of the wages of all employees as reported to the Secretary of the Treasury for any calendar year shall be deemed a reference to the deemed average total wage (within the meaning of section 409(k)(1) of this title) for such calendar year)” for “change”.Enacted provision · exact public law section
(5) Section 230(d) of such Act (42 U.S.C. 430(d)) is amended by striking “change.” and inserting “change (except that, for purposes of subsection (b)(2)(A) of such section 230 as so in effect, the reference therein to the average of the wages of all employees as reported to the Secretary of the Treasury for any calendar year shall be deemed a reference to the deemed average total wage (within the meaning of section 209(k)(1)) for such calendar year).”.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, title III, § 321(b)(2), Aug. 15, 1994, 108 Stat. 1537, provided that the amendment made by that section is effective as if included in section 10208(b)(1) of Pub. L. 101–239. Amendment by section 321(g)(1)(A), (B) of Pub. L. 103–296 effective with respect to the determination of the contribution and benefit base for years after 1994, see section 321(g)(3)(A) of Pub. L. 103–296, set out as a note under section 415 of this title.Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
Substituted · 42 U.S.C. § 430(a)
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”
Substituted · 42 U.S.C. § 430(a)
Pub. L. 103–296, § 107(a)(4), substituted “the Commissioner shall” for “he shall”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” and “the Commissioner shall” for “he shall”.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. 103–296, title III, § 321(b)(2), Aug. 15, 1994, 108 Stat. 1537, provided that the amendment made by that section is effective as if included in section 10208(b)(1) of Pub. L. 101–239. Amendment by section 321(g)(1)(A), (B) of Pub. L. 103–296 effective with respect to the determination of the contribution and benefit base for years after 1994, see section 321(g)(3)(A) of Pub. L. 103–296, set out as a note under section 415 of this title.Pub. L. 103–296 § 321(g)(1)(A) · 108 Stat. 1464
Added · 42 U.S.C. § 430(b)(1); 42 U.S.C. § 430(b)(2)
Pub. L. 103–296, § 321(g)(1)(A), added pars. (1) and (2)
Struck · 42 U.S.C. § 430(b)(1); 42 U.S.C. § 430(b)(2)
Pub. L. 103–296, § 321(g)(1)(A), struck out former pars. (1) and (2) which read as follows:
Source evidence
Code amendment note
Subsec. (b)(1), (2). Pub. L. 103–296, § 321(g)(1)(A), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:“(1) the contribution and benefit base which is in effect with respect to remuneration paid in (and taxable years beginning in) the calendar year in which the determination under subsection (a) of this section is made, and “(2) the ratio of (A) the deemed average total wages (as defined in section 409(k)(1) of this title) for the calendar year before the calendar year in which the determination under subsection (a) of this section is made to (B) the deemed average total wages (as so defined) for the calendar year before the most recent calendar year in which an increase in the contribution and benefit base was enacted or a determination resulting in such an increase was made under subsection (a) of this section,”.
Enacted provision · exact public law section
(A) In general.— Section 230(b) of the Social Security Act (42 U.S.C. 430(b)) is amended by striking paragraphs (1) and (2) and inserting the following: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, title III, § 321(b)(2), Aug. 15, 1994, 108 Stat. 1537, provided that the amendment made by that section is effective as if included in section 10208(b)(1) of Pub. L. 101–239. Amendment by section 321(g)(1)(A), (B) of Pub. L. 103–296 effective with respect to the determination of the contribution and benefit base for years after 1994, see section 321(g)(3)(A) of Pub. L. 103–296, set out as a note under section 415 of this title.Pub. L. 103–296 § 321(b)(2) · 108 Stat. 1464
Changed · 42 U.S.C. § 430(b)(2)(A); 42 U.S.C. § 430(b)(2)(B)
Pub. L. 103–296, § 321(b)(2), made technical correction to directory language of Pub. L. 101–239, § 10208(b)(1). See 1989 Amendment note below
Source evidence
Code amendment note
Subsec. (b)(2)(A), (B). Pub. L. 103–296, § 321(b)(2), made technical correction to directory language of Pub. L. 101–239, § 10208(b)(1). See 1989 Amendment note below.Enacted provision · exact public law section
(2) Section 10208(b)(1) of Public Law 101–239 (amending section 230(b)(2)(A) of the Social Security Act) (103 Stat. 2477) is amended by striking “230(b)(2)(A)” and “430(b)(2)(A)” and 42 USC 430. inserting “230(b)(2)” and “430(b)(2)”, respectively, effective as if this paragraph were included in such section 10208(b)(1).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, title III, § 321(b)(2), Aug. 15, 1994, 108 Stat. 1537, provided that the amendment made by that section is effective as if included in section 10208(b)(1) of Pub. L. 101–239. Amendment by section 321(g)(1)(A), (B) of Pub. L. 103–296 effective with respect to the determination of the contribution and benefit base for years after 1994, see section 321(g)(3)(A) of Pub. L. 103–296, set out as a note under section 415 of this title.Pub. L. 103–296 § 321(c)(6)(K) · 108 Stat. 1464
Substituted · 42 U.S.C. § 430(c)
Pub. L. 103–296, § 321(c)(6)(K), substituted “1986” for “1954” after “Code of”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 103–296, § 321(c)(6)(K), substituted “1986” for “1954” after “Code of”.Enacted provision · exact public law section
(K) in section 230(c) (42 U.S.C. 430(c)), andEffective 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, title III, § 321(b)(2), Aug. 15, 1994, 108 Stat. 1537, provided that the amendment made by that section is effective as if included in section 10208(b)(1) of Pub. L. 101–239. Amendment by section 321(g)(1)(A), (B) of Pub. L. 103–296 effective with respect to the determination of the contribution and benefit base for years after 1994, see section 321(g)(3)(A) of Pub. L. 103–296, set out as a note under section 415 of this title.Pub. L. 103–296 § 321(g)(1)(B) · 108 Stat. 1464
Substituted · 42 U.S.C. § 430(d)
Pub. L. 103–296, § 321(g)(1)(B), at end substituted parenthetical provisions beginning with “(except that” and ending with “reference to 1992).” for former parenthetical provisions which read as follows: “(except that, for purposes of subsection (b)(2)(A) of this section as so in effect, the reference therein to the average of the wages of all employees as reported to the Secretary of the Treasury for any calendar year shall be deemed a reference to the deemed average total wage (within the meaning of section 409(k)(1) of this title) for such calendar year).”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 103–296, § 321(g)(1)(B), at end substituted parenthetical provisions beginning with “(except that” and ending with “reference to 1992).” for former parenthetical provisions which read as follows: “(except that, for purposes of subsection (b)(2)(A) of this section as so in effect, the reference therein to the average of the wages of all employees as reported to the Secretary of the Treasury for any calendar year shall be deemed a reference to the deemed average total wage (within the meaning of section 409(k)(1) of this title) for such calendar year).”Enacted provision · exact public law section
(1) Adjustment of oasdi contribution and benefit base.— (A) In general.— Section 230(b) of the Social Security Act (42 U.S.C. 430(b)) is amended by striking paragraphs (1) and (2) and inserting the following: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, title III, § 321(b)(2), Aug. 15, 1994, 108 Stat. 1537, provided that the amendment made by that section is effective as if included in section 10208(b)(1) of Pub. L. 101–239. Amendment by section 321(g)(1)(A), (B) of Pub. L. 103–296 effective with respect to the determination of the contribution and benefit base for years after 1994, see section 321(g)(3)(A) of Pub. L. 103–296, set out as a note under section 415 of this title.
38 of 40 references resolved to an enrolled provision · 2 partial
Editorial Notes
References in Text
The Internal Revenue Code of 1986, referred to in subsec. (c), is classified generally to Title 26, Internal Revenue Code.
“Subsequent to the law which added this section”, referred to in subsec. (c), means subsequent to the enactment of Pub. L. 92–336, which was approved .
The enactment of the Social Security Amendments of 1977, referred to in subsec. (d), means the enactment of Pub. L. 95–216, which was approved .
Amendments1972–1994 · 9 rounds
1994
Subsec. (a). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” and “the Commissioner shall” for “he shall”.
Subsec. (b)(1), (2). Pub. L. 103–296, § 321(g)(1)(A), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:
“(1) the contribution and benefit base which is in effect with respect to remuneration paid in (and taxable years beginning in) the calendar year in which the determination under subsection (a) of this section is made, and
“(2) the ratio of (A) the deemed average total wages (as defined in section 409(k)(1) of this title) for the calendar year before the calendar year in which the determination under subsection (a) of this section is made to (B) the deemed average total wages (as so defined) for the calendar year before the most recent calendar year in which an increase in the contribution and benefit base was enacted or a determination resulting in such an increase was made under subsection (a) of this section,”.
Subsec. (b)(2)(A), (B). Pub. L. 103–296, § 321(b)(2), made technical correction to directory language of Pub. L. 101–239, § 10208(b)(1). See 1989 Amendment note below.
Subsec. (c). Pub. L. 103–296, § 321(c)(6)(K), substituted “1986” for “1954” after “Code of”.
Subsec. (d). Pub. L. 103–296, § 321(g)(1)(B), at end substituted parenthetical provisions beginning with “(except that” and ending with “reference to 1992).” for former parenthetical provisions which read as follows: “(except that, for purposes of subsection (b)(2)(A) of this section as so in effect, the reference therein to the average of the wages of all employees as reported to the Secretary of the Treasury for any calendar year shall be deemed a reference to the deemed average total wage (within the meaning of section 409(k)(1) of this title) for such calendar year).”
1989
Subsec. (b)(2)(A). Pub. L. 101–239, § 10208(b)(1)(A), as amended by Pub. L. 103–296, § 321(b)(2), substituted “the deemed average total wages (as defined in section 409(k)(1) of this title)” for “the average of the total wages (as defined in regulations of the Secretary and computed without regard to the limitations specified in section 409(a)(1) of this title) reported to the Secretary of the Treasury or his delegate”.
Pub. L. 101–239, § 10208(d)(2)(A)(i), substituted “409(a)(1)” for “409(a)”.
Subsec. (b)(2)(B). Pub. L. 101–239, § 10208(b)(1)(B), as amended by Pub. L. 103–296, § 321(b)(2), substituted “the deemed average total wages (as so defined)” for “the average of the total wages (as so defined and computed) reported to the Secretary of the Treasury or his delegate”.
Subsec. (d). Pub. L. 101–239, § 10208(b)(5), substituted “change (except that, for purposes of subsection (b)(2)(A) of this section as so in effect, the reference therein to the average of the wages of all employees as reported to the Secretary of the Treasury for any calendar year shall be deemed a reference to the deemed average total wage (within the meaning of section 409(k)(1) of this title) for such calendar year)” for “change”.
1984
Subsec. (c). Pub. L. 98–369, in last sentence which was repealed by Pub. L. 98–76, substituted “3(a) or 3(f)(3)” for “3(a) or (3)(f)(3)” in the original, which had been translated as “section 231b(a) or (f)(3) of title 45”.
1983
Subsec. (a). Pub. L. 98–21 substituted “December” for “June”.
Subsec. (c). Pub. L. 98–76, § 225(a)(4), struck out provision that for purposes of determining employee and employer tax liability under sections 3201(a) and 3221(a) of the Internal Revenue Code of 1954, for purposes of determining the portion of the employee representative tax liability under section 3211(a) of such Code which resulted from the application of the 12.75 percent rate specified therein, and for purposes of computing average monthly compensation under section 231b(j) of title 45, except with respect to annuity amounts determined under section 231b(a) or (f)(3) of title 45, clause (2) and the preceding sentence of this subsection shall be disregarded.
Pub. L. 98–76, § 211(d), temporarily substituted “12.75 percent” for “11.75 percent”. See Effective and Termination Dates of 1983 Amendments note below.
1981
Subsec. (c). Pub. L. 97–34 substituted in last sentence “employee and employer” for “employer”, “sections 3201(a) and 3221(a)” for “section 3221(a)”, and “11.75” for “9.5”.
1977
Subsec. (a). Pub. L. 95–216, § 103(a)(1), substituted “determined under subsection (b) or (c)” for “determined under subsection (b)”.
Subsec. (b). Pub. L. 95–216, § 103(a)(2), in provisions preceding par. (1), substituted “shall (subject to subsection (c)) be the amount” for “shall be the amount”.
Subsec. (b)(1). Pub. L. 95–216, § 353(e)(2), substituted “determination under subsection (a) of this section is made” for “determination under subsection (a) of this section with respect to such particular calendar year was made”.
Subsec. (b)(2). Pub. L. 95–216, § 353(e)(3), substituted “(A) the average of the total wages (as defined in regulations of the Secretary and computed without regard to the limitations specified in section 409(a) of this title) reported to the Secretary of the Treasury or his delegate for the calendar year in which the determination under subsection (a) of this section is made to (B) the average of the total wages (as so defined and computed) reported to the Secretary of the Treasury or his delegate for the calendar year before” for “(A) the average of the wages of all employees as reported to the Secretary of the Treasury for the calendar year preceding the calendar year in which the determination under subsection (a) of this section with respect to such particular calendar years was made to (B) the average of the wages of all employees as reported to the Secretary of the Treasury for the calendar year 1973 or, if later, the calendar year preceding”.
Subsec. (b). Pub. L. 95–216, § 353(e)(1), in provisions following par. (2), struck out directive that, for purposes of this subsection, the average of the wages for the calendar year 1978 (or any prior calendar year), in the case of determinations made under subsection (a) of this section prior to , be deemed to be an amount equal to 400 per centum of the amount of the average of the taxable wages of all employees as reported to the Secretary for the first calendar quarter of such calendar year.
Subsec. (c). Pub. L. 95–216, § 103(b), designated existing provisions as introductory material and cl. (1) and added cl. (2) and closing material.
Subsec. (d). Pub. L. 95–216, § 103(c)(1), added subsec. (d).
1976
Subsec. (b). Pub. L. 94–202 substituted “wages of all employees as reported to the Secretary of the Treasury for the calendar year preceding the calendar year” for “taxable wages of all employees as reported to the Secretary for the first calendar quarter of the calendar year” and “made to” for “made to the latest of” in cl. (A) of par. (2), substituted “wages of all employees as reported to the Secretary of the Treasury for the calendar year 1973 or, if later, the calendar year preceding” for “taxable wages of all employees as reported to the Secretary for the first calendar quarter of 1973 or the first calendar quarter of” in cl. (B) of par. (2), and inserted, following par. (2), provision directing that the average wages for the calendar year 1978, or any prior calendar year, be deemed equal to 400% of the average wages reported for the first quarter of that calendar year.
1973
Subsec. (a). Pub. L. 93–233, § 3(j)(1), substituted “with the June” for “with the first month of the calendar year” and struck out “(along with the publication of such benefit increase as required by section 415(i)(2)(D) of this title)” after “such quarter occurs” and “(unless such increase in benefits is prevented from becoming effective by section 415(i)(2)(E) of this title)” after “shall be effective”, respectively.
Subsec. (c). Pub. L. 93–233, §§ 3(j)(2), 5(c), substituted “the June” for “the first month” and “$13,200” for “$12,600”, respectively.
Pub. L. 93–66 substituted “$12,600” for “$12,000”.
1972
Subsec. (b)(2)(A). Pub. L. 92–603 substituted “of” for “or”.
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.
Pub. L. 103–296, title III, § 321(b)(2), , 108 Stat. 1537, provided that the amendment made by that section is effective as if included in section 10208(b)(1) of Pub. L. 101–239.
Amendment by section 321(g)(1)(A), (B) of Pub. L. 103–296 effective with respect to the determination of the contribution and benefit base for years after 1994, see section 321(g)(3)(A) of Pub. L. 103–296, set out as a note under section 415 of this title.
Effective Date of 1989 Amendment
Pub. L. 101–239, title X, § 10208(c), , 103 Stat. 2478, provided that:
“(1) In general.—
The amendments made by subsections (a) and (b) [amending this section and sections 403, 409, 413, 415, and 424a of this title] shall apply with respect to the computation of average total wage amounts (under the amended provisions) for calendar years after 1990.
“(2) Transitional rule.—
For purposes of determining the contribution and benefit base for 1990, 1991, and 1992 under section 230(b) of the Social Security Act [42 U.S.C. 430(b)] (and section 230(b) of such Act as in effect immediately prior to enactment of the Social Security Amendments of 1977 [Pub. L. 95–216, approved ])—
“(A) the average of total wages for 1988 shall be deemed to be equal to the amount which would have been determined without regard to this paragraph, plus 2 percent of the amount which has been determined to the average of total wages for 1987,
“(B) the average of total wages for 1989 shall be deemed to be equal to the amount which would have been determined without regard to this paragraph, plus 2 percent of the amount which would have been determined to be the average of total wages for 1988 without regard to subparagraph (A), and
“(C) the average of total wages reported to the Secretary of the Treasury for 1990 shall be deemed to be equal to the product of—
“(i) the SSA average wage index (as defined in section 215(i)(1)(G) of the Social Security Act [42 U.S.C. 415(i)(1)(G)] and promulgated by the Secretary) for 1989, and
“(ii) the quotient obtained by dividing—
“(I) the average of total wages (as defined in regulations of the Secretary and computed without regard to the limitations of section 209(a)(1) of the Social Security Act [42 U.S.C. 409(a)(1)] and by including deferred compensation amounts, within the meaning of section 209(k)(2) of such Act as added by this section) reported to the Secretary of the Treasury or his delegate for 1990, by
“(II) the average of total wages (as so defined and computed without regard to the limitations specified in such section 209(a)(1) and by excluding deferred compensation amounts within the meaning of such section 209(k)(2)) reported to the Secretary of the Treasury or his delegate for 1989.
“(3) Determination of contribution and benefit base for 1993.—
For purposes of determining the contribution and benefit base for 1993 under section 230(b) of the Social Security Act (and section 230(b) of such Act as in effect immediately prior to enactment of the Social Security Amendments of 1977), the average of total wages for 1990 shall be determined without regard to subparagraph (C) of paragraph (2).
“(4) Revised determination under section 230 of the social security act.—
As soon as possible after the enactment of this Act [], the Secretary of Health and Human Services shall revise and publish, in accordance with the provisions of this Act [Pub. L. 101–239, see Tables for classification] and the amendments made thereby, the contribution and benefit base under section 230 of the Social Security Act with respect to remuneration paid after 1989 and taxable years beginning after calendar year 1989.”
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 and Termination Dates of 1983 Amendments
Amendment by section 211(d) of Pub. L. 98–76 applicable to compensation paid for services rendered after , and before , see section 212 of Pub. L. 98–76, set out as a note under section 3201 of Title 26, Internal Revenue Code.
Amendment by section 225(a)(4) of Pub. L. 98–76 applicable to remuneration paid after , see section 227(a) of Pub. L. 98–76, set out as a note under section 3201 of Title 26.
Amendment by Pub. L. 98–21 applicable with respect to cost-of-living increases determined under section 415(i) of this title for years after 1982, see section 111(a)(8) of Pub. L. 98–21, set out as an Effective Date of 1983 Amendment note under section 402 of this title.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–34 applicable to compensation paid for services rendered after , see section 741(e) of Pub. L. 97–34, set out as a note under section 3201 of Title 26, Internal Revenue Code.
Effective Date of 1977 Amendment
Amendment by section 103(a), (b) of Pub. L. 95–216 applicable with respect to remunerations paid or received, and taxable years beginning after, 1977, see section 104 of Pub. L. 95–216, set out as a note under section 1401 of Title 26, Internal Revenue Code.
Pub. L. 95–216, title I, § 103(c)(2), , 91 Stat. 1514, provided that: “The amendment made by paragraph (1) [amending this section] shall apply with respect to plan terminations occurring after the date of the enactment of this Act [].”
Amendment by section 353(e) of 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 1973 Amendments
Amendment by Pub. L. 93–233 applicable only with respect to remuneration paid after, and taxable years beginning after, 1973, see section 5(e) of Pub. L. 93–233, set out as a note under section 409 of this title.
Amendment by Pub. L. 93–66 applicable only with respect to remuneration paid after, and taxable years beginning after, 1973, see section 203(e) of Pub. L. 93–66, set out as a note under section 409 of this title.
Effective Date of 1972 Amendment
Amendment by Pub. L. 92–603 effective in like manner as if such amendment had been included in title II of Pub. L. 92–336, see section 144(b) of Pub. L. 92–603, set out as a note under section 403 of this title.
Cost-of-Living Increase in Benefits
For purposes of subsec. (a) of this section, the increase in benefits provided by section 2 of Pub. L. 93–233, revising benefits table of section 415(a) of this title and amending sections 427(a), (b) and 428(b)(1), (2), (c)(3)(A), (B) of this title considered an increase under section 415(i) of this title, see section 3(i) of Pub. L. 93–233, set out as a note under section 415 of this title.
Executive Documents
Social Security Contribution and Benefit Base1976–2023 · 44 rounds
2023
By notice of the Commissioner of Social Security, , 87 F.R. 64296, it was determined and announced that the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2023 is $160,200.
2022
By notice of the Commissioner of Social Security, , 86 F.R. 58715, it was determined and announced that the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2022 is $147,000.
2021
By notice of the Commissioner of Social Security, , 85 F.R. 67413, it was determined and announced that the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2021 is $142,800.
2020
By notice of the Commissioner of Social Security, , 84 F.R. 56515, it was determined and announced that the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2020 is $137,700.
2019
By notice of the Commissioner of Social Security, , 83 F.R. 53702, it was determined and announced that the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2019 is $132,900.
2018
By notice of the Commissioner of Social Security, , 82 F.R. 59937, it was determined and announced that the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2018 is $128,400.
2017
By notice of the Commissioner of Social Security, , 81 F.R. 74854, it was determined and announced that the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2017 is $127,200.
2016
By notice of the Commissioner of Social Security, , 80 F.R. 66963, it was determined and announced that the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2016 is $118,500.
2015
By notice of the Commissioner of Social Security, , 79 F.R. 64455, as corrected , 79 F.R. 65472, it was determined and announced that the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2015 is $118,500.
2014
By notice of the Commissioner of Social Security, , 78 F.R. 66413, it was determined and announced that the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2014 is $117,000.
2013
By notice of the Commissioner of Social Security, , 77 F.R. 65754, it was determined and announced that the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2013 is $113,700.
2012
By notice of the Commissioner of Social Security, , 76 F.R. 66111, it was determined and announced that the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2012 is $110,100.
2011
By notice of the Commissioner of Social Security, , 75 F.R. 65696, as corrected , 75 F.R. 74123, it was determined and announced that the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2011 will remain $106,800.
2010
By notice of the Commissioner of Social Security, , 74 F.R. 55614, it was determined and announced that the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2010 will remain $106,800.
2009
By notice of the Commissioner of Social Security, , 73 F.R. 64651, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2009 is $106,800.
2008
By notice of the Commissioner of Social Security, , 72 F.R. 60703, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2008 is $102,000.
2007
By notice of the Commissioner of Social Security, , 71 F.R. 62636, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2007 is $97,500.
2006
By notice of the Commissioner of Social Security, , 70 F.R. 61677, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2006 is $94,200.
2005
By notice of the Commissioner of Social Security, , 69 F.R. 62497, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2005 is $90,000.
2004
By notice of the Commissioner of Social Security, , 68 F.R. 60437, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2004 is $87,900.
2003
By notice of the Commissioner of Social Security, , 67 F.R. 65620, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2003 is $87,000.
2002
By notice of the Commissioner of Social Security, , 66 F.R. 54047, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2002 is $84,900.
2001
By notice of the Commissioner of Social Security, , 65 F.R. 63663, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2001 is $80,400.
2000
By notice of the Commissioner of Social Security, , 64 F.R. 57506, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 2000 is $76,200.
1999
By notice of the Commissioner of Social Security, , 63 F.R. 58446, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 1999 is $72,600.
1998
By notice of the Commissioner of Social Security, , 62 F.R. 58762, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 1998 is $68,400.
1997
By notice of the Commissioner of Social Security, , 61 F.R. 55346, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 1997 is $65,400.
1996
By notice of the Commissioner of Social Security, , 60 F.R. 54751, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 1996 is $62,700.
1995
By notice of the Secretary of Health and Human Services, , 59 F.R. 54464, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 1995 is $61,200.
1994
By notice of the Secretary of Health and Human Services, , 58 F.R. 58004, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 1994 is $60,600.
1993
By notice of the Secretary of Health and Human Services, , 57 F.R. 48619, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 1993 is $57,600.
1992
By notice of the Secretary of Health and Human Services, , 56 F.R. 55325, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 1992 is $55,500.
1991
By notice of the Secretary of Health and Human Services, , 55 F.R. 45856, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 1991 is $53,400.
1990
By notice of the Secretary of Health and Human Services, , 54 F.R. 45803, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 1990 is $50,400.
1989
By notice of the Secretary of Health and Human Services, , 53 F.R. 43932, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 1989 is $48,000.
1988
By notice of the Secretary of Health and Human Services, , 52 F.R. 41672, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 1988 is $45,000.
1987
By notice of the Secretary of Health and Human Services, , 51 F.R. 40256, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 1987 is $43,800.
1986
By notice of the Secretary of Health and Human Services, , 50 F.R. 45559, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 1986 is $42,000.
1985
By notice of the Secretary of Health and Human Services, , 49 F.R. 43775, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base for remuneration paid in, and for self-employment income earned in taxable years beginning in, 1985 is $39,600.
1983
By notice of the Secretary of Health and Human Services, , 47 F.R. 51003, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base with respect to remuneration paid in, and taxable years beginning in, 1983 is $35,700.
1982
By notice of the Secretary of Health and Human Services, , 46 F.R. 53791, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base with respect to remuneration paid in, and taxable years beginning in, 1982 is $32,400.
1978
By notice of the Secretary of Health, Education, and Welfare, , 42 F.R. 57754, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base with respect to remuneration paid in, and taxable years beginning in, 1978 is $17,700.
1977
By notice of the Secretary of Health, Education, and Welfare, , 41 F.R. 44878, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base with respect to remuneration paid in, and taxable years beginning in, 1977 is $16,500.
1976
By notice of the Secretary of Health, Education, and Welfare, , 40 F.R. 50556, it was determined and announced that, pursuant to authority contained in this section, the contribution and benefit base with respect to remuneration paid in, and taxable years beginning in, 1976 is $15,300.
Credits
1935–1994 · 12 acts
- 1935Aug. 14, 1935, ch. 531, title II, § 230, as added Pub. L. 92–336, title II, § 202(b)(1), , 86 Stat. 416
- 1972amended Pub. L. 92–603, title I, § 144(a)(4), , 86 Stat. 1370
- 1973Pub. L. 93–66, title II, § 203(c), , 87 Stat. 153
- 1973Pub. L. 93–233, §§ 3(j), 5(c), , 87 Stat. 952, 954
- 1976Pub. L. 94–202, § 8(h), , 89 Stat. 1139
- 1977Pub. L. 95–216, title I, § 103(a)–(c)(1), title III, § 353(e), , 91 Stat. 1513, 1514, 1554
- 1981Pub. L. 97–34, title VII, § 741(d)(1), , 95 Stat. 347
- 1983Pub. L. 98–21, title I, § 111(a)(5), , 97 Stat. 72
- 1983Pub. L. 98–76, title II, §§ 211(d), 225(a)(4), , 97 Stat. 419, 425
- 1984Pub. L. 98–369, div. B, title VI, § 2663(a)(18), , 98 Stat. 1165
- 1989Pub. L. 101–239, title X, § 10208(b)(1)(A), (B), (5), (d)(2)(A)(i), , 103 Stat. 2477, 2478, 2480
- 1994Pub. L. 103–296, title I, § 107(a)(4), title III, § 321(b)(2), (c)(6)(K), (g)(1)(A), (B), , 108 Stat. 1478, 1537, 1538, 1542.
Show as published
(Aug. 14, 1935, ch. 531, title II, § 230, as added Pub. L. 92–336, title II, § 202(b)(1), , 86 Stat. 416; amended Pub. L. 92–603, title I, § 144(a)(4), , 86 Stat. 1370; Pub. L. 93–66, title II, § 203(c), , 87 Stat. 153; Pub. L. 93–233, §§ 3(j), 5(c), , 87 Stat. 952, 954; Pub. L. 94–202, § 8(h), , 89 Stat. 1139; Pub. L. 95–216, title I, § 103(a)–(c)(1), title III, § 353(e), , 91 Stat. 1513, 1514, 1554; Pub. L. 97–34, title VII, § 741(d)(1), , 95 Stat. 347; Pub. L. 98–21, title I, § 111(a)(5), , 97 Stat. 72; Pub. L. 98–76, title II, §§ 211(d), 225(a)(4), , 97 Stat. 419, 425; Pub. L. 98–369, div. B, title VI, § 2663(a)(18), , 98 Stat. 1165; Pub. L. 101–239, title X, § 10208(b)(1)(A), (B), (5), (d)(2)(A)(i), , 103 Stat. 2477, 2478, 2480; Pub. L. 103–296, title I, § 107(a)(4), title III, § 321(b)(2), (c)(6)(K), (g)(1)(A), (B), , 108 Stat. 1478, 1537, 1538, 1542.)