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Title 42 — The Public Health and Welfare

Chapter 7 — Social Security

§ 909. Delivery of benefit checks

Statutory text

(a)

Saturdays, Sundays, and holidays

If the day regularly designated for the delivery of benefit checks under subchapter II, VIII, or XVI falls on a Saturday, Sunday, or legal public holiday (as defined in section 6103 of title 5) in any month, the benefit checks which would otherwise be delivered on such day shall be mailed for delivery on the first day preceding such day which is not a Saturday, Sunday, or legal public holiday (as so defined), without regard to whether the delivery of such checks would as a result have to be made before the end of the month for which such checks are issued.

(b)

Recovery of overpayments

If more than the correct amount of payment under subchapter II, VIII, or XVI is made to any individual as a result of the receipt of a benefit check pursuant to subsection (a) before the end of the month for which such check is issued, no action shall be taken (under section 404 or 1383(b) of this title or otherwise) to recover such payment or the incorrect portion thereof.

(c)

Early delivery

For purposes of computing the “OASDI trust fund ratio” under section 401(l) of this title, the “OASDI fund ratio” under section 415(i) of this title, and the “balance ratio” under section 910(b) of this title, benefit checks delivered before the end of the month for which they are issued by reason of subsection (a) of this section shall be deemed to have been delivered on the regularly designated delivery date.

Legislative history

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

  1. Social Security Amendments of 1977

    Pub. L. 95–216 title III § 333(a) · 91 Stat. 1509

    Enacted · 42 U.S.C. § 909

    Aug. 14, 1935, ch. 531, title VII, § 708, as added Pub. L. 95–216, title III, § 333(a), Dec. 20, 1977, 91 Stat. 1543

    Source evidence

    Code source credit
    Aug. 14, 1935, ch. 531, title VII, § 708, as added Pub. L. 95–216, title III, § 333(a), Dec. 20, 1977, 91 Stat. 1543

    Enacted provision · exact public law section
    (a) Title VII of the Social Security Act is amended by adding at the end thereof the following new section: “Sec. 708. “delivery of benefit checks (a) If the day regularly designated for the delivery of benefit checks under title II or title XVI falls on a Saturday, Sunday, or legal public holiday (as defined in section 6103 of title 5, United States Code) in any month, the benefit checks which would otherwise be delivered on such day shall be mailed for delivery on the first day preceding such day which is not a Saturday, Sunday, or legal public holiday (as so defined), without regard to whether the delivery of such checks would as a result have to be made before the end of the month for which such checks are issued. “(b) If more than the correct amount of payment under title II or XVI is made to any individual as a result of the receipt of a benefit check pursuant to subsection (a) before the, end of the month for which such check is issued, no action shall be taken (under section 42 USC 404, 1383. Effective date. 42 USC 909 note. 204 or 1631(b) or otherwise) to recover such payment or the incorrect portion thereof.”.

  2. Consolidated Omnibus Budget Reconciliation Act of 1985

    Pub. L. 99–272 title XII § 12111(a) · 100 Stat. 82

    Added · 42 U.S.C. § 909(c)

    Pub. L. 99–272 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–272 added subsec. (c).

    Enacted provision · exact public law section
    (a) For OASDI Purposes.— Section 708 of the Social Security Act is amended by adding at the end thereof the following new 42 USC 909. subsection: “(c) For purposes of computing the ‘OASDI trust fund ratio’ under section 201(1), the ‘OASDI fund ratio’ under section 215(i), and the 42 USC 401. 42 USC 415. 42 USC 910. ‘balance ratio’ under section 709(b), benefit checks delivered before the end of the month for which they are issued by reason of subsection (a) of this section shall be deemed to have been delivered on the regularly designated delivery date.”.

    Effective date note
    Pub. L. 99–272, title XII, § 12111(c), Apr. 7, 1986, 100 Stat. 288, provided that: “The amendments made by this section [amending this section and section 86 of Title 26, Internal Revenue Code] shall apply with respect to benefit checks issued for months ending after the date of the enactment of this Act [Apr. 7, 1986].”

  3. Pub. L. 106–169 title II § 251(b)(5) · 113 Stat. 1822

    Substituted · 42 U.S.C. § 909(a); 42 U.S.C. § 909(b)

    Pub. L. 106–169 substituted “subchapter II, VIII,” for “subchapter II”

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 106–169 substituted “subchapter II, VIII,” for “subchapter II”.

    Enacted provision · exact public law section
    (5) Delivery of checks.— Section 708 of such Act (42 U.S.C. 908) is amended— 42 USC 909. (A) in subsection (a), by striking “title II” and inserting “title II, title VIII,”; and (B) in subsection (b), by striking “title II” and inserting “title II, title VIII,”.

3 of 3 references resolved to an enrolled provision

Editorial Notes

Amendments1986–1999 · 2 rounds

1999

Subsecs. (a), (b). Pub. L. 106–169 substituted “subchapter II, VIII,” for “subchapter II”.

1986

Subsec. (c). Pub. L. 99–272 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Pub. L. 99–272, title XII, § 12111(c), , 100 Stat. 288, provided that: “The amendments made by this section [amending this section and section 86 of Title 26, Internal Revenue Code] shall apply with respect to benefit checks issued for months ending after the date of the enactment of this Act [].”

Effective Date

Pub. L. 95–216, title III, § 333(b), , 91 Stat. 1544, provided that: “The amendment made by subsection (a) of this section [enacting this section] shall apply with respect to benefit checks the regularly designated day for delivery of which occurs on or after the thirtieth day after the date of the enactment of this Act [].”

Timing of Delivery of October 1, 2000, SSI Benefit Payments

Pub. L. 105–33, title V, § 5527, , 111 Stat. 625, provided that, notwithstanding the provisions of section 908(a) of this title, the day designated for delivery of benefit payments under subchapter XVI of this chapter for October 2000 would be the second day of that month, prior to repeal by Pub. L. 106–246, div. B, title V, § 5105, , 114 Stat. 582.

Credits

1935–1999 · 3 acts
  1. 1935Aug. 14, 1935, ch. 531, title VII, § 708, as added Pub. L. 95–216, title III, § 333(a), , 91 Stat. 1543
  2. 1986amended Pub. L. 99–272, title XII, § 12111(a), , 100 Stat. 287
  3. 1999Pub. L. 106–169, title II, § 251(b)(5), , 113 Stat. 1855.
Show as published

(Aug. 14, 1935, ch. 531, title VII, § 708, as added Pub. L. 95–216, title III, § 333(a), , 91 Stat. 1543; amended Pub. L. 99–272, title XII, § 12111(a), , 100 Stat. 287; Pub. L. 106–169, title II, § 251(b)(5), , 113 Stat. 1855.)

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