
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC414]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
  SUBCHAPTER II--FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE 
                                BENEFITS
 
Sec. 414. Insured status for purposes of old-age and survivors 
        insurance benefits
        
    For the purposes of this subchapter--

(a) ``Fully insured individual'' defined

    The term ``fully insured individual'' means any individual who had 
not less than--
        (1) one quarter of coverage (whenever acquired) for each 
    calendar year elapsing after 1950 (or, if later, the year in which 
    he attained age 21) and before the year in which he died or (if 
    earlier) the year in which he attained age 62, except that in no 
    case shall an individual be a fully insured individual unless he has 
    at least 6 quarters of coverage; or
        (2) 40 quarters of coverage; or
        (3) in the case of an individual who died before 1951, 6 
    quarters of coverage;

not counting as an elapsed year for purposes of paragraph (1) any year 
any part of which was included in a period of disability (as defined in 
section 416(i) of this title).

(b) ``Currently insured individual'' defined

    The term ``currently insured individual'' means any individual who 
had not less than six quarters of coverage during the thirteen-quarter 
period ending with (1) the quarter in which he died, (2) the quarter in 
which he became entitled to old-age insurance benefits, (3) the quarter 
in which he became entitled to primary insurance benefits under this 
subchapter as in effect prior to August 28, 1950, or (4) in the case of 
any individual entitled to disability insurance benefits, the quarter in 
which he most recently became entitled to disability insurance benefits, 
not counting as part of such thirteen-quarter period any quarter any 
part of which was included in a period of disability unless such quarter 
was a quarter of coverage.

(Aug. 14, 1935, ch. 531, title II, Sec. 214, as added Aug. 28, 1950, ch. 
809, title I, Sec. 104(a), 64 Stat. 492, 505; amended July 18, 1952, ch. 
945, Sec. 3(b), 66 Stat. 770; Sept. 1, 1954, ch. 1206, title I, 
Secs. 106(b), 108(a), 68 Stat. 1079, 1083; Aug. 1, 1956, ch. 836, title 
I, Sec. 108, 70 Stat. 830; Pub. L. 85-840, title II, Sec. 205(l), Aug. 
28, 1958, 72 Stat. 1025; Pub. L. 86-778, title II, Sec. 204(a), Sept. 
13, 1960, 74 Stat. 948; Pub. L. 87-64, title I, Sec. 103(a), June 30, 
1961, 75 Stat. 137; Pub. L. 92-603, title I, Sec. 104(a), Oct. 30, 1972, 
86 Stat. 1340.)


                               Amendments

    1972--Subsec. (a)(1). Pub. L. 92-603 struck out provisions setting a 
separate age computation point for women and reduced from age 65 to age 
62 the age computation point for men.
    1961--Subsec. (a). Pub. L. 87-64 required one quarter of coverage 
for each calendar year elapsing after 1950 (or after the year in which 
the individual attained age 21, if that was later than 1950) instead of 
one quarter of coverage for each three of the quarters elapsing after 
1950, and struck out ``unless such quarter was a quarter of coverage'' 
after ``a period of disability (as defined in section 41i(i) of this 
title)''.
    1960--Subsec. (a). Pub. L. 86-778 changed provisions which required 
an individual to have one quarter of coverage for each two quarters to 
provide that an individual is fully insured if he has not less than one 
quarter of coverage for each three quarters elapsing after Dec. 31, 
1950, or, if later, December 31 of the year in which he attained the age 
of 21 years, and inserted provisions defining fully insured in the case 
of an individual who died prior to 1951 as one who had six quarters of 
coverage.
    1958--Subsec. (b). Pub. L. 85-840 included within definition of 
``currently insured individual'' an individual entitled to disability 
insurance benefits who has not less than six quarters of coverage during 
the thirteen-quarter period ending with the quarter in which he most 
recently became entitled to disability insurance benefits.
    1956--Subsec. (a)(3). Act Aug. 1, 1956, provided that an individual 
who had at least six quarters of coverage after 1954 would be fully 
insured if all but four of the quarters elapsing after 1954 and prior to 
July 1, 1957, or if later, the quarter in which he attained retirement 
age or died, whichever first occurred, are quarters of coverage.
    1954--Subsec. (a)(2)(B). Act Sept. 1, 1954, Sec. 106(b)(1), excluded 
from the elapsed period under subsec. (a)(2)(A) any quarter any part of 
which was included in a period of disability, unless such quarter was a 
quarter of coverage.
    Subsec. (a)(3), (4). Act Sept. 1, 1954, Sec. 108(a), added par. (3) 
and redesignated former par. (3) as (4).
    Subsec. (b). Act Sept. 1, 1954, Sec. 106(b)(2), inserted ``, not 
counting as part of such thirteen-quarter period any quarter any part of 
which was included in a period of disability unless such quarter was a 
quarter of coverage.''
    1952--Subsec. (a)(2)(B). Act July 18, 1952, Sec. 3(b)(1), inserted 
``not counting as an elapsed quarter for purposes of subparagraph (A) 
any quarter any part of which was included in a period of disability (as 
defined in section 416(i) of this title unless such quarter was a 
quarter of coverage''.
    Subsec. (b). Act July 18, 1952, Sec. 3(b)(2), inserted ``not 
counting as part of such thirteen-quarter period any quarter any part of 
which was included in a period of disability unless such quarter was a 
quarter of coverage'' after ``August 28, 1950''.


                    Effective Date of 1972 Amendment

    Section 104(j) of Pub. L. 92-603 provided that:
    ``(1) The amendments made by this section [amending this section and 
sections 415, 416, 423, and 427 of this title and provisions set out as 
a note under section 415 of this title] (except the amendment made by 
subsection (i), and the amendment made by subsection (g) to section 
209(i) of the Social Security Act) shall apply only in the case of a man 
who attains (or would attain) age 62 after December 1974. The amendment 
made by subsection (i), and the amendment made by subsection (g) to 
section 209(i) of the Social Security Act [section 409(i) of this title 
and section 3121(a)(9) of Title 26, Internal Revenue Code], shall apply 
only with respect to payments after 1974.
    ``(2) In the case of a man who attains age 62 prior to 1975, the 
number of his elapsed years for purposes of section 215(b)(3) of the 
Social Security Act [section 415(b)(3) of this title] shall be equal to 
(A) the number determined under such section as in effect on September 
1, 1972, or (B) if less, the number determined as though he attained age 
65 in 1975, except that monthly benefits under title II of the Social 
Security Act [this subchapter] for months prior to January 1973 payable 
on the basis of his wages and self-employment income shall be determined 
as though this section had not been enacted.
    ``(3)(A) In the case of a man who attains or will attain age 62 in 
1973, the figure `65' in sections 214(a)(1), 223(c)(1)(A), and 
216(i)(3)(A) of the Social Security Act [subsec. (a)(1) of this section 
and sections 423(c)(1)(A) and 416(i)(3)(A) of this title] shall be 
deemed to read `64'.
    ``(B) In the case of a man who attains or will attain age 62 in 
1974, the figure `65' in sections 214(a)(1), 223(c)(1)(A), and 
216(i)(3)(A) of the Social Security Act [subsec. (a)(1) of this section 
and sections 423(c)(1)(A) and 416(i)(3)(A) of this title] shall be 
deemed to read `63'.''


                    Effective Date of 1961 Amendment

    Section 103(b) of Pub. L. 87-64 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply--
        ``(1) in the case of monthly benefits under title II of the 
    Social Security Act [this subchapter] for months beginning on or 
    after the effective date of this title [see note set out under 
    section 402 of this title], based on applications filed in or after 
    March 1961,
        ``(2) in the case of lump-sum death payments under such title 
    with respect to deaths on or after the effective date of this title, 
    and
        ``(3) in the case of an application for a disability 
    determination (with respect to a period of disability, as defined in 
    section 216(i) of such Act [section 416(i) of this title]) filed in 
    or after March 1961.''


                    Effective Date of 1960 Amendment

    Section 204(d)(1) of Pub. L. 86-778 provided that: ``The amendments 
made by subsections (a) and (b) of this section [amending this section 
and provisions set out as a note under section 415 of this title] shall 
be applicable (A) in the case of monthly benefits under title II of the 
Social Security Act [this subchapter], for months after the month in 
which this Act is enacted [September 1960], on the basis of applications 
filed in or after such month, (B) in the case of lump-sum death payments 
under such title with respect to deaths occurring after such month, and 
(C) in the case of an application for a disability determination with 
respect to a period of disability (as defined in section 216(i) of the 
Social Security Act [section 416(i) of this title]) filed after such 
month.''


                    Effective Date of 1958 Amendment

    Amendment by section 205(l) of Pub. L. 85-840 applicable with 
respect to monthly benefits under this subchapter for months after 
August 1958, but only if an application for such benefits is filed on or 
after Aug. 28, 1958, see section 207(a) of Pub. L. 85-840, set out as a 
note under section 416 of this title.


                    Effective Date of 1954 Amendment

    Amendment by section 106(b) of act Sept. 1, 1954, applicable with 
respect to monthly benefits under subchapter II of this chapter for 
months after June 1955, and with respect to lump-sum death payments 
under such subchapter in the case of deaths occurring after June 1955; 
but that no recomputation of benefits by reason of such amendments shall 
be regarded as a recomputation for purposes of section 415(f) of this 
title, see section 106(h) of act Sept. 1, 1954, set out as a note under 
section 413 of this title.


            Effective and Termination Date of 1952 Amendment

    For effective and termination dates of amendment by act July 18, 
1952, see section 3(f), (g) of act July 18, 1952, set out as a note 
under section 413 of this title.


    Employees of Nonprofit Organizations as Fully Insured Individuals

    Pub. L. 98-21, title I, Sec. 102(e), Apr. 20, 1983, 97 Stat. 71, as 
amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, 
provided that:
    ``(1) If any individual--
        ``(A) on January 1, 1984, is age 55 or over, and is an employee 
    of an organization described in section 210(a)(8)(B) of the Social 
    Security Act [42 U.S.C. 410(a)(8)(B)] (A) which does not have in 
    effect (on that date) a waiver certificate under section 3121(k) of 
    the Internal Revenue Code of 1986 [formerly I.R.C. 1954] [26 U.S.C. 
    3121(k)] and (B) to the employees of which social security coverage 
    is extended on January 1, 1984, solely by reason of the enactment of 
    this section [amending section 410 of this title and section 3121 of 
    Title 26, Internal Revenue Code, and enacting provisions set out as 
    notes under section 3121 of Title 26], and
        ``(B) after December 31, 1983, acquires the number of quarters 
    of coverage (within the meaning of section 213 of the Social 
    Security Act [section 413 of this title]) which is required for 
    purposes of this subparagraph under paragraph (2),
then such individual shall be deemed to be a fully insured individual 
(as defined in section 214 of the Social Security Act [this section]) 
for all of the purposes of title II of such Act [this subchapter].
    ``(2) The number of quarters of coverage which is required for 
purposes of subparagraph (B) of paragraph (1) shall be determined as 
follows:

  ``In the case of an individual                  The number of quarters
    who on January 1, 1984,                      of coverage so required
    is--                                                      shall be--
            age 60 or over......................                      6 
            age 59 or over but less than age 60.                      8 
            age 58 or over but less than age 59.                     12 
            age 57 or over but less than age 58.                     16 
            age 55 or over but less than age 57.                   20.''


  Determination of Entitlement to Monthly Benefits for Sept. 1960 and 
        Prior Months and Individual's Closing Date Prior to 1960

    Section 204(d)(2) of Pub. L. 86-778 provided that the provisions of 
subsec. (a) of this section in effect prior to Sept. 13, 1960, and the 
provisions of section 109 of act Sept. 1, 1954, ch. 1206, 68 Stat. 1084, 
set out as a note under section 415 of this title, as in effect prior to 
such date were to apply for purposes of determining entitlement to 
monthly benefits under this subchapter for Sept. 1960 and prior months 
with respect to wages and self-employment income of an individual and 
for purposes of determining an individual's closing date prior to 1960 
under section 415(b)(3)(B) of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 402, 413, 416, 423, 426-1, 
427 of this title; title 5 sections 8349, 8421; title 38 section 1312; 
title 45 section 231.
