
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC407]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
  SUBCHAPTER II--FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE 
                                BENEFITS
 
Sec. 407. Assignment of benefits


(a) In general

    The right of any person to any future payment under this subchapter 
shall not be transferable or assignable, at law or in equity, and none 
of the moneys paid or payable or rights existing under this subchapter 
shall be subject to execution, levy, attachment, garnishment, or other 
legal process, or to the operation of any bankruptcy or insolvency law.

(b) Amendment of section

    No other provision of law, enacted before, on, or after April 20, 
1983, may be construed to limit, supersede, or otherwise modify the 
provisions of this section except to the extent that it does so by 
express reference to this section.

(c) Withholding of taxes

    Nothing in this section shall be construed to prohibit withholding 
taxes from any benefit under this subchapter, if such withholding is 
done pursuant to a request made in accordance with section 3402(p)(1) of 
the Internal Revenue Code of 1986 by the person entitled to such benefit 
or such person's representative payee.

(Aug. 14, 1935, ch. 531, title II, Sec. 207, 49 Stat. 624; Aug. 10, 
1939, ch. 666, title II, Sec. 201, 53 Stat. 1362, 1372; Pub. L. 98-21, 
title III, Sec. 335(a), Apr. 20, 1983, 97 Stat. 130; Pub. L. 105-277, 
div. J, title IV, Sec. 4005(a), Oct. 21, 1998, 112 Stat. 2681-911.)

                       References in Text

    The Internal Revenue Code of 1986, referred to in subsec. (c), is 
classified generally to Title 26, Internal Revenue Code.

                          Codification

    In subsec. (b), ``April 20, 1983'' substituted for ``the date of the 
enactment of this section'', which was translated as meaning the date of 
enactment of this subsection, as the probable intent of Congress.


                               Amendments

    1998--Subsec. (c). Pub. L. 105-277 added subsec. (c).
    1983--Pub. L. 98-21 designated existing provisions as subsec. (a) 
and added subsec. (b).
    1939--Act Aug. 10, 1939, amended section generally, incorporating 
provisions of former section 408 of this title.


                    Effective Date of 1983 Amendment

    Section 335(c) of Pub. L. 98-21 provided that: ``The amendments made 
by subsection (a) [amending this section] shall apply only with respect 
to benefits payable or rights existing under the Social Security Act 
[this chapter] on or after the date of the enactment of this Act [Apr. 
20, 1983].''


                    Effective Date of 1939 Amendment

    Section 201 of act Aug. 10, 1939, provided that the amendment made 
by that section is effective Jan. 1, 1940.


                    Federal Rules of Civil Procedure

    One form of action, see rule 2, Title 28, Appendix, Judiciary and 
Judicial Procedure.
    Seizure of person or property, see rule 64.


                            Cross References

    Assignment of claims void, see section 3727 of Title 31, Money and 
Finance.
    Enforcement of legal obligations to provide child support and make 
alimony payments, see section 659 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 401, 659, 1320a-8, 1320b-17, 
1383 of this title; title 18 section 3613; title 26 sections 86, 871, 
6334; title 30 section 923; title 31 section 3716.
