
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: 42USC417]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
  SUBCHAPTER II--FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE 
                                BENEFITS
 
Sec. 417. Benefits for veterans


(a) Determination of benefits

    (1) For purposes of determining entitlement to and the amount of any 
monthly benefit for any month after August 1950, or entitlement to and 
the amount of any lump-sum death payment in case of a death after such 
month, payable under this subchapter on the basis of the wages and self-
employment income of any World War II veteran, and for purposes of 
section 416(i)(3) of this title, such veteran shall be deemed to have 
been paid wages (in addition to the wages, if any, actually paid to him) 
of $160 in each month during any part of which he served in the active 
military or naval service of the United States during World War II. This 
subsection shall not be applicable in the case of any monthly benefit or 
lump-sum death payment if--
        (A) a larger such benefit or payment, as the case may be, would 
    be payable without its application; or
        (B) a benefit (other than a benefit payable in a lump sum unless 
    it is a commutation of, or a substitute for, periodic payments) 
    which is based, in whole or in part, upon the active military or 
    naval service of such veteran during World War II is determined by 
    any agency or wholly owned instrumentality of the United States 
    (other than the Department of Veterans Affairs) to be payable by it 
    under any other law of the United States or under a system 
    established by such agency or instrumentality.

The provisions of clause (B) of this paragraph shall not apply in the 
case of any monthly benefit or lump-sum death payment under this 
subchapter if its application would reduce by $0.50 or less the primary 
insurance amount (as computed under section 415 of this title prior to 
any recomputation thereof pursuant to section 415(f) of this title) of 
the individual on whose wages and self-employment income such benefit or 
payment is based. The provisions of clause (B) of this paragraph shall 
also not apply for purposes of section 416(i)(3) of this title.
    (2) Upon application for benefits or a lump-sum death payment on the 
basis of the wages and self-employment income of any World War II 
veteran, the Commissioner of Social Security shall make a decision 
without regard to clause (B) of paragraph (1) of this subsection unless 
the Commissioner has been notified by some other agency or 
instrumentality of the United States that, on the basis of the military 
or naval service of such veteran during World War II, a benefit 
described in clause (B) of paragraph (1) of this subsection has been 
determined by such agency or instrumentality to be payable by it. If the 
Commissioner has not been so notified, the Commissioner of Social 
Security shall then ascertain whether some other agency or wholly owned 
instrumentality of the United States has decided that a benefit 
described in clause (B) of paragraph (1) of this subsection is payable 
by it. If any such agency or instrumentality has decided, or thereafter 
decides, that such a benefit is payable by it, it shall so notify the 
Commissioner of Social Security, and the Commissioner of Social Security 
shall certify no further benefits for payment or shall recompute the 
amount of any further benefits payable, as may be required by paragraph 
(1) of this subsection.
    (3) Any agency or wholly owned instrumentality of the United States 
which is authorized by any law of the United States to pay benefits, or 
has a system of benefits which are based, in whole or in part, on 
military or naval service during World War II shall, at the request of 
the Commissioner of Social Security, certify to the Commissioner, with 
respect to any veteran, such information as the Commissioner of Social 
Security deems necessary to carry out the Commissioner's functions under 
paragraph (2) of this subsection.

(b) Determination of insurance status

    (1) Subject to paragraph (3), any World War II veteran who died 
during the period of three years immediately following his separation 
from the active military or naval service of the United States shall be 
deemed to have died a fully insured individual whose primary insurance 
amount is the amount determined under section 415(c) of this title as in 
effect in December 1978. Notwithstanding section 415(d) of this title as 
in effect in December 1978, the primary insurance benefit (for purposes 
of section 415(c) of this title as in effect in December 1978) of such 
veteran shall be determined as provided in this subchapter as in effect 
prior to August 28, 1950, except that the 1 per centum addition provided 
for in section 409(a)(4)(B) of this title as in effect prior to August 
28, 1950, shall be applicable only with respect to calendar years prior 
to 1951. This subsection shall not be applicable in the case of any 
monthly benefit or lump-sum death payment if--
        (A) a larger such benefit or payment, as the case may be, would 
    be payable without its application;
        (B) any pension or compensation is determined by the Secretary 
    of Veterans Affairs to be payable by him on the basis of the death 
    of such veteran;
        (C) the death of the veteran occurred while he was in the active 
    military or naval service of the United States; or
        (D) such veteran has been discharged or released from the active 
    military or naval service of the United States subsequent to July 
    26, 1951.

    (2) Upon an application for benefits or a lump-sum death payment on 
the basis of the wages and self-employment income of any World War II 
veteran, the Commissioner of Social Security shall make a decision 
without regard to paragraph (1)(B) of this subsection unless the 
Commissioner has been notified by the Secretary of Veterans Affairs that 
pension or compensation is determined to be payable by that Secretary by 
reason of the death of such veteran. The Commissioner of Social Security 
shall thereupon report such decision to the Secretary of Veterans 
Affairs. If the Secretary of Veterans Affairs in any such case has made 
an adjudication or thereafter makes an adjudication that any pension or 
compensation is payable under any law administered by it, the Secretary 
of Veterans Affairs shall notify the Commissioner of Social Security, 
and the Commissioner of Social Security shall certify no further 
benefits for payment, or shall recompute the amount of any further 
benefits payable, as may be required by paragraph (1) of this 
subsection. Any payments theretofore certified by the Commissioner of 
Social Security on the basis of paragraph (1) of this subsection to any 
individual, not exceeding the amount of any accrued pension or 
compensation payable to him by the Secretary of Veterans Affairs, shall 
(notwithstanding the provisions of section 5301 of title 38) be deemed 
to have been paid to him by that Secretary on account of such accrued 
pension or compensation. No such payment certified by the Commissioner 
of Social Security, and no payment certified by the Commissioner for any 
month prior to the first month for which any pension or compensation is 
paid by the Secretary of Veterans Affairs shall be deemed by reason of 
this subsection to have been an erroneous payment.
    (3)(A) The preceding provisions of this subsection shall apply for 
purposes of determining the entitlement to benefits under section 402 of 
this title, based on the primary insurance amount of the deceased World 
War II veteran, of any surviving individual only if such surviving 
individual makes application for such benefits before the end of the 18-
month period after November 1990.
    (B) Subparagraph (A) shall not apply if any person is entitled to 
benefits under section 402 of this title based on the primary insurance 
amount of such veteran for the month preceding the month in which such 
application is made.

(c) Filing proof of support

    In the case of any World War II veteran to whom subsection (a) of 
this section is applicable, proof of support required under section 
402(h) of this title may be filed by a parent at any time prior to July 
1951 or prior to the expiration of two years after the date of the death 
of such veteran, whichever is the later.

(d) Definitions

    For the purposes of this section--
        (1) The term ``World War II'' means the period beginning with 
    September 16, 1940, and ending at the close of July 24, 1947.
        (2) The term ``World War II veteran'' means any individual who 
    served in the active military or naval service of the United States 
    at any time during World War II and who, if discharged or released 
    therefrom, was so discharged or released under conditions other than 
    dishonorable after active service of ninety days or more or by 
    reason of a disability or injury incurred or aggravated in service 
    in line of duty; but such term shall not include any individual who 
    died while in the active military or naval service of the United 
    States if his death was inflicted (other than by an enemy of the 
    United States) as lawful punishment for a military or naval offense.

(e) Determination based on wages and self-employment

    (1) For purposes of determining entitlement to and the amount of any 
monthly benefit or lump-sum death payment payable under this subchapter 
on the basis of wages and self-employment income of any veteran (as 
defined in paragraph (4) of this subsection), and for purposes of 
section 416(i)(3) of this title, such veteran shall be deemed to have 
been paid wages (in addition to the wages, if any, actually paid to him) 
of $160 in each month during any part of which he served in the active 
military or naval service of the United States on or after July 25, 
1947, and prior to January 1, 1957. This subsection shall not be 
applicable in the case of any monthly benefit or lump-sum death payment 
if--
        (A) a larger such benefit or payment, as the case may be, would 
    be payable without its application; or
        (B) a benefit (other than a benefit payable in a lump sum unless 
    it is a commutation of, or a substitute for, periodic payments) 
    which is based, in whole or in part, upon the active military or 
    naval service of such veteran on or after July 25, 1947, and prior 
    to January 1, 1957, is determined by any agency or wholly owned 
    instrumentality of the United States (other than the Department of 
    Veterans Affairs) to be payable by it under any other law of the 
    United States or under a system established by such agency or 
    instrumentality.

The provisions of clause (B) of this paragraph shall not apply in the 
case of any monthly benefit or lump-sum death payment under this 
subchapter if its application would reduce by $0.50 or less the primary 
insurance amount (as computed under section 415 of this title prior to 
any recomputation thereof pursuant to subsection (f) of section 415 of 
this title) of the individual on whose wages and self-employment income 
such benefit or payment is based. The provisions of clause (B) of this 
paragraph shall also not apply for purposes of section 416(i)(3) of this 
title. In the case of monthly benefits under this subchapter for months 
after December 1956 (and any lump-sum death payment under this 
subchapter with respect to a death occurring after December 1956) based 
on the wages and self-employment income of a veteran who performed 
service (as a member of a uniformed service) to which the provisions of 
section 410(l)(1) of this title are applicable, wages which would, but 
for the provisions of clause (B) of this paragraph, be deemed under this 
subsection to have been paid to such veteran with respect to his active 
military or naval service performed after December 1950 shall be deemed 
to have been paid to him with respect to such service notwithstanding 
the provisions of such clause, but only if the benefits referred to in 
such clause which are based (in whole or in part) on such service are 
payable solely by the Army, Navy, Air Force, Marine Corps, Coast Guard, 
Coast and Geodetic Survey, National Oceanic and Atmospheric 
Administration Corps, or Public Health Service.
    (2) Upon application for benefits or a lump-sum death payment on the 
basis of the wages and self-employment income of any veteran, the 
Commissioner of Social Security shall make a decision without regard to 
clause (B) of paragraph (1) of this subsection unless the Commissioner 
has been notified by some other agency or instrumentality of the United 
States that, on the basis of the military or naval service of such 
veteran on or after July 25, 1947, and prior to January 1, 1957, a 
benefit described in clause (B) of paragraph (1) of this subsection has 
been determined by such agency or instrumentality to be payable by it. 
If the Commissioner has not been so notified, the Commissioner of Social 
Security shall then ascertain whether some other agency or wholly owned 
instrumentality of the United States has decided that a benefit 
described in clause (B) of paragraph (1) of this subsection is payable 
by it. If any such agency or instrumentality has decided, or thereafter 
decides, that such a benefit is payable by it, it shall so notify the 
Commissioner of Social Security, and the Commissioner of Social Security 
shall certify no further benefits for payment or shall recompute the 
amount of any further benefits payable, as may be required by paragraph 
(1) of this subsection.
    (3) Any agency or wholly owned instrumentality of the United States 
which is authorized by any law of the United States to pay benefits, or 
has a system of benefits which are based, in whole or in part, on 
military or naval service on or after July 25, 1947, and prior to 
January 1, 1957, shall, at the request of the Commissioner of Social 
Security, certify to the Commissioner, with respect to any veteran, such 
information as the Commissioner of Social Security deems necessary to 
carry out the Commissioner's functions under paragraph (2) of this 
subsection.
    (4) For the purposes of this subsection, the term ``veteran'' means 
any individual who served in the active military or naval service of the 
United States at any time on or after July 25, 1947, and prior to 
January 1, 1957, and who, if discharged or released therefrom, was so 
discharged or released under conditions other than dishonorable after 
active service of ninety days or more or by reason of a disability or 
injury incurred or aggravated in service in line of duty; but such term 
shall not include any individual who died while in the active military 
or naval service of the United States if his death was inflicted (other 
than by an enemy of the United States) as lawful punishment for a 
military or naval offense.

(f) Right to annuity; waiver

    (1) In any case where a World War II veteran (as defined in 
subsection (d)(2) of this section) or a veteran (as defined in 
subsection (e)(4) of this section) has died or shall hereafter die, and 
his or her surviving spouse or child is entitled under subchapter III of 
chapter 83 of title 5 to an annuity in the computation of which his or 
her active military or naval service was included, clause (B) of 
subsection (a)(1) of this section or clause (B) of subsection (e)(1) of 
this section shall not operate (solely by reason of such annuity) to 
make such subsection inapplicable in the case of any monthly benefit 
under section 402 of this title which is based on his or her wages and 
self-employment income; except that no such surviving spouse or child 
shall be entitled under section 402 of this title to any monthly benefit 
in the computation of which such service is included by reason of this 
subsection (A) unless such surviving spouse or child after December 1956 
waives his or her right to receive such annuity, or (B) for any month 
prior to the first month with respect to which the Director of the 
Office of Personnel Management certifies to the Commissioner of Social 
Security that (by reason of such waiver) no further annuity will be paid 
to such surviving spouse or child under such subchapter III on the basis 
of such veteran's military or civilian service. Any such waiver shall be 
irrevocable.
    (2) Whenever a surviving spouse waives his or her right to receive 
such annuity such waiver shall constitute a waiver on his or her own 
behalf; a waiver by a legal guardian or guardians, or, in the absence of 
a legal guardian, the person (or persons) who has the child in his or 
her care, of the child's right to receive such annuity shall constitute 
a waiver on behalf of such child. Such a waiver with respect to an 
annuity based on a veteran's service shall be valid only if the 
surviving spouse and all children, or, if there is no surviving spouse, 
all the children, waive their rights to receive annuities under 
subchapter III of chapter 83 of title 5 based on such veteran's military 
or civilian service.

(g) Appropriation to trust funds

    (1) Within thirty days after April 20, 1983, the Commissioner of 
Social Security shall determine the amount equal to the excess of--
        (A) the actuarial present value as of April 20, 1983, of the 
    past and future benefit payments from the Federal Old-Age and 
    Survivors Insurance Trust Fund, the Federal Disability Insurance 
    Trust Fund, and the Federal Hospital Insurance Trust Fund under this 
    subchapter and subchapter XVIII of this chapter, together with 
    associated administrative costs, resulting from the operation of 
    this section (other than this subsection) and section 410 of this 
    title as in effect before the enactment of the Social Security 
    Amendments of 1950, over
        (B) any amounts previously transferred from the general fund of 
    the Treasury to such Trust Funds pursuant to the provisions of this 
    subsection as in effect immediately before April 20, 1983.

Such actuarial present value shall be based on the relevant actuarial 
assumptions set forth in the report of the Board of Trustees of each 
such Trust Fund for 1983 under sections 401(c) and 1395i(b) of this 
title. Within thirty days after April 20, 1983, the Secretary of the 
Treasury shall transfer the amount determined under this paragraph with 
respect to each such Trust Fund to such Trust Fund from amounts in the 
general fund of the Treasury not otherwise appropriated.
    (2) The Commissioner of Social Security shall revise the amount 
determined under paragraph (1) with respect to each such Trust Fund in 
1985 and each fifth year thereafter, as determined appropriate by the 
Commissioner of Social Security from data which becomes available to the 
Commissioner after the date of the determination under paragraph (1) on 
the basis of the amount of benefits and administrative expenses actually 
paid from such Trust Fund under this subchapter or subchapter XVIII of 
this chapter and the relevant actuarial assumptions set forth in the 
report of the Board of Trustees of such Trust Fund for such year under 
section 401(c) or 1395i(b) of this title. Within 30 days after any such 
revision, the Secretary of the Treasury, to the extent provided in 
advance in appropriation Acts, shall transfer to such Trust Fund, from 
amounts in the general fund of the Treasury not otherwise appropriated, 
or from such Trust Fund to the general fund of the Treasury, such 
amounts as the Secretary of the Treasury determines necessary to take 
into account such revision.

(h) Determination of veterans status

    (1) For the purposes of this section, any individual who the 
Commissioner of Social Security finds--
        (A) served during World War II (as defined in subsection (d)(1) 
    of this section) in the active military or naval service of a 
    country which was on September 16, 1940, at war with a country with 
    which the United States was at war during World War II;
        (B) entered into such active service on or before December 8, 
    1941;
        (C) was a citizen of the United States throughout such period of 
    service or lost his United States citizenship solely because of his 
    entrance into such service;
        (D) had resided in the United States for a period or periods 
    aggregating four years during the five-year period ending on the day 
    of, and was domiciled in the United States on the day of, such 
    entrance into such active service; and
        (E)(i) was discharged or released from such service under 
    conditions other than dishonorable after active service of ninety 
    days or more or by reason of a disability or injury incurred or 
    aggravated in service in line of duty, or
        (ii) died while in such service,

shall be considered a World War II veteran (as defined in subsection 
(d)(2) of this section) and such service shall be considered to have 
been performed in the active military or naval service of the United 
States.
    (2) In the case of any individual to whom paragraph (1) applies, 
proof of support required under section 402(f) or (h) of this title may 
be filed at any time prior to the expiration of two years after the date 
of such individual's death or August 28, 1958, whichever is the later.

(Aug. 14, 1935, ch. 531, title II, Sec. 217, as added Aug. 28, 1950, ch. 
809, title I, Sec. 105, 64 Stat. 512; amended July 18, 1952, ch. 945, 
Sec. 5(a), (d)(1), 66 Stat. 773, 775; Aug. 14, 1953, ch. 483, Sec. 1, 67 
Stat. 580; Sept. 1, 1954, ch. 1206, title I, Sec. 106(e), 68 Stat. 1081; 
Aug. 9, 1955, ch. 685, Sec. 1, 69 Stat. 621; Aug. 1, 1956, ch. 837, 
title IV, Secs. 404(a), (b), 406, 70 Stat. 872, 873, 875; Pub. L. 85-
840, title III, Sec. 314(a), (b), Aug. 28, 1958, 72 Stat. 1036, 1037; 
Pub. L. 85-857, Sec. 13(i)(2), Sept. 2, 1958, 72 Stat. 1265; Pub. L. 86-
778, title I, Sec. 103(j)(2)(C), Sept. 13, 1960, 74 Stat. 937; Pub. L. 
89-97, title III, Sec. 322, July 30, 1965, 79 Stat. 396; Pub. L. 90-248, 
title IV, Sec. 403(c), Jan. 2, 1968, 81 Stat. 932; Pub. L. 94-273, 
Secs. 2(23), 16, Apr. 21, 1976, 90 Stat. 376, 379; Pub. L. 95-216, title 
II, Sec. 205(c), Dec. 20, 1977, 91 Stat. 1529; Pub. L. 97-35, title 
XXII, Sec. 2201(c)(7), Aug. 13, 1981, 95 Stat. 832; Pub. L. 97-123, 
Sec. 2(g), Dec. 29, 1981, 95 Stat. 1661; Pub. L. 98-21, title I, 
Sec. 151(a), title III, Sec. 308, Apr. 20, 1983, 97 Stat. 103, 115; Pub. 
L. 98-369, div. B, title VI, Sec. 2663(a)(12), (j)(3)(A)(ii), July 18, 
1984, 98 Stat. 1164, 1170; Pub. L. 101-239, title X, 
Sec. 10208(d)(2)(A)(iv), Dec. 19, 1989, 103 Stat. 2481; Pub. L. 101-508, 
title V, Sec. 5117(b), Nov. 5, 1990, 104 Stat. 1388-277; Pub. L. 102-40, 
title IV, Sec. 402(d)(2), May 7, 1991, 105 Stat. 239; Pub. L. 102-54, 
Sec. 13(q)(3)(A)(i), (D), (E), June 13, 1991, 105 Stat. 279; Pub. L. 
103-296, title I, Sec. 107(a)(4), Aug. 15, 1994, 108 Stat. 1478.)

                       References in Text

    The Social Security Act Amendments of 1950, referred to in subsec. 
(g)(1)(A), is act Aug. 28, 1950, ch. 809, 64 Stat. 477, as amended. For 
complete classification of this Act to the Code, see Short Title of 1950 
Amendment note set out under section 1305 of this title and Tables.


                               Amendments

    1994--Subsec. (a)(2), (3). Pub. L. 103-296, Sec. 107(a)(4), 
substituted ``Commissioner of Social Security'' for ``Secretary'' 
wherever appearing, ``unless the Commissioner'' for ``unless he'' and 
``If the Commissioner'' for ``If he'' in par. (2), and ``to the 
Commissioner'' for ``to him'' and ``the Commissioner's functions'' for 
``his functions'' in par. (3).
    Subsec. (b)(2). Pub. L. 103-296, Sec. 107(a)(4), substituted 
``Commissioner of Social Security'' for ``Secretary'' wherever appearing 
except where appearing before ``of Veterans Affairs'' or after ``that'' 
and substituted ``unless the Commissioner'' for ``unless he'' and 
``certified by the Commissioner'' for ``certified by him''.
    Subsec. (e)(2), (3). Pub. L. 103-296, Sec. 107(a)(4), substituted 
``Commissioner of Social Security'' for ``Secretary'' wherever 
appearing, ``the Commissioner has'' for ``he has'' in two places in par. 
(2), and ``certify to the Commissioner'' for ``certify to him'' and 
``the Commissioner's'' for ``his'' in par. (3).
    Subsec. (f)(1). Pub. L. 103-296, Sec. 107(a)(4), substituted 
``Commissioner of Social Security'' for ``Secretary''.
    Subsec. (g). Pub. L. 103-296, Sec. 107(a)(4), substituted 
``Commissioner of Social Security'' for ``Secretary'' wherever 
appearing, except where appearing before ``of the Treasury'' and 
substituted ``the Commissioner after'' for ``him after'' in par. (2).
    Subsec. (h)(1). Pub. L. 103-296, Sec. 107(a)(4), substituted 
``Commissioner of Social Security'' for ``Secretary'' in introductory 
provisions.
    1991--Subsec. (a)(1)(B). Pub. L. 102-54, Sec. 13(q)(3)(A)(i), 
substituted ``Department of Veterans Affairs'' for ``Veterans' 
Administration''.
    Subsec. (b)(1)(B). Pub. L. 102-54, Sec. 13(q)(3)(D), substituted 
``Secretary of Veterans Affairs to be payable by him'' for ``Veterans' 
Administration to be payable by it''.
    Subsec. (b)(2). Pub. L. 102-54, Sec. 13(q)(3)(E), substituted 
references to Secretary of Veterans Affairs and Secretary for references 
to Veterans' Administration and Administration, wherever appearing.
    Pub. L. 102-40 substituted ``section 5301 of title 38'' for 
``section 3101 of title 38''.
    Subsec. (e)(1)(B). Pub. L. 102-54, Sec. 13(q)(3)(A)(i), substituted 
``Department of Veterans Affairs'' for ``Veterans' Administration''.
    1990--Subsec. (b)(1). Pub. L. 101-508, Sec. 5117(b)(1), substituted 
``Subject to paragraph (3), any'' for ``Any''.
    Subsec. (b)(3). Pub. L. 101-508, Sec. 5117(b)(2), added par. (3).
    1989--Subsec. (b)(1). Pub. L. 101-239 substituted ``409(a)(4)(B)'' 
for ``409(e)(2)'' in introductory provisions.
    1984--Subsecs. (a)(2), (3), (b)(2). Pub. L. 98-369, 
Sec. 2663(j)(3)(A)(ii), struck out ``of Health, Education, and Welfare'' 
after ``Secretary'' wherever appearing.
    Subsec. (d). Pub. L. 98-369, Sec. 2663(a)(12)(A), realigned margins 
of subsec. (d).
    Subsec. (e)(1). Pub. L. 98-369, Sec. 2663(a)(12)(B), inserted 
reference to National Oceanic and Atmospheric Administration.
    Subsec. (e)(2), (3). Pub. L. 98-369, Sec. 2663(j)(3)(A)(ii), struck 
out ``of Health, Education, and Welfare'' after ``Secretary'' wherever 
appearing.
    Subsec. (f)(1). Pub. L. 98-369, Sec. 2663(a)(12)(C), substituted 
``Director of the Office of Personnel Management'' for ``Civil Service 
Commission''.
    Pub. L. 98-369, Sec. 2663(j)(3)(A)(ii), struck out ``of Health, 
Education, and Welfare'' after ``Secretary''.
    1983--Subsec. (f). Pub. L. 98-21, Sec. 308(2), substituted ``his or 
her'' for ``his'' and ``her'' wherever appearing, except in cl. (A) of 
par. (1).
    Pub. L. 98-21, Sec. 308(1), substituted ``surviving spouse'' for 
``widow'' wherever appearing.
    Subsec. (g). Pub. L. 98-21, Sec. 151(a), amended subsec. generally, 
substituting provisions relating to determination of amounts to be 
appropriated to trust funds and to revisions of such amounts for 
provisions which had formerly required that, in September of 1965, 1970, 
and 1975, and in October 1980 and in every fifth October thereafter up 
to and including October 2010, the Secretary determine the amount which, 
if paid in equal installments at the beginning of each fiscal year in 
the period beginning (A) with July 1, 1965, in the case of the first 
such determination, and (B) with the beginning of the first fiscal year 
commencing after the determination in the case of all other such 
determinations, and ending with the close of September 30, 2015, would 
accumulate, with interest compounded annually, to an amount equal to the 
amount needed to place each of the Trust Funds and the Federal Hospital 
Insurance Trust Fund in the same position at the close of September 30, 
2015, as he estimated they would otherwise be in at the close of that 
date if section 410 of this title as in effect prior to the Social 
Security Act Amendments of 1950, and this section, had not been enacted, 
with the interest to be used in determining such amount to be the rate 
determined under section 401(d) of this title for public-debt 
obligations which were or could have been issued for purchase by the 
Trust Funds in the June preceding the September in which the 
determinations in 1965, 1970, and 1975 were made and in the September 
preceding the October in which all other determinations were made.
    1981--Subsec. (b)(1). Pub. L. 97-123 struck out ``, and as modified 
by the application of section 415(a)(6) of this title''.
    Pub. L. 97-35 inserted ``, and as modified by the application of 
section 415(a)(6) of this title''.
    1977--Subsec. (b)(1). Pub. L. 95-216 substituted ``section 415(c) of 
this title as in effect in December 1978'' for ``section 415(c) of this 
title'' in two places and ``section 415(d) of this title as in effect in 
December 1978'' for ``section 415(d) of this title''.
    1976--Subsec. (g)(1). Pub. L. 94-273, Sec. 16, substituted 
provisions relating to determination of the required amount for payment 
in September of 1965, 1970, and 1975, and in October 1980 and in every 
fifth October thereafter up to and including October 2010, and ending 
with the close of September 30, 2015, for provisions relating to 
determination of the required amount for payment in September 1965, and 
in every fifth September thereafter up to and including September 2010, 
and ending with the close of June 30, 2015, and inserted provisions 
relating to the rate of interest for the determination of the required 
amount in the Septembers preceding the Octobers for all the other 
determinations subsequent to the 1975 determination.
    Subsec. (g)(2)(B), (3), (4). Pub. L. 94-273, Sec. 2(23), substituted 
``September'' for ``June'' wherever appearing.
    1968--Subsec. (f)(1). Pub. L. 90-248, Sec. 403(c)(1), substituted 
``subchapter III of chapter 83 of title 5'' and ``such subchapter III'' 
for ``the Civil Service Retirement Act of May 29, 1930, as amended,'' 
and ``such Act of May 29, 1930, as amended,'', respectively.
    Subsec. (f)(2). Pub. L. 90-248, Sec. 403(c)(2), substituted 
``subchapter III of chapter 83 of title 5'' for ``the Civil Service 
Retirement Act of May 29, 1930, as amended''.
    1965--Subsec. (g)(1). Pub. L. 89-97 substituted provisions requiring 
the Secretary to determine, in September 1965, and every fifth September 
thereafter, up to and including September 2010, the amount necessary to 
place each of the Trust Funds and the Federal Hospital Insurance Trust 
Fund in the same position at the close of June 30, 2015, as they would 
otherwise have been in at the close of that date if section 410 of this 
title, as in effect prior to the Social Security Act Amendments of 1950, 
and this section had not been enacted and providing for determination of 
interest in accordance with section 401(d) of this title, for provisions 
authorizing the appropriation of sums necessary to meet additional costs 
resulting from payment of benefits after June 1956 under subsecs. (a), 
(b), and (e), including lump-sum death payments.
    Subsec. (g)(2). Pub. L. 89-97 substituted provisions authorizing 
appropriation to the Trust Funds and the Federal Hospital Insurance 
Trust Fund in the fiscal years ending with the close of June 30, 2015, 
for provisions requiring the Secretary to determine before October 1, 
1958, the amount necessary to place the Federal Old-Age and Survivors 
Insurance Trust Fund in the same position it would have been at the 
close of June 30, 1956, if section 410 of this title, as in effect prior 
to the Social Security Act Amendments of 1950, and this section had not 
been enacted and authorizing appropriations during the first ten years 
beginning after such determination had been made aggregating the sum so 
determined plus interest.
    Subsec. (g)(3), (4). Pub. L. 89-97 added pars. (3) and (4).
    1960--Subsec. (e)(1). Pub. L. 86-778 substituted ``section 410(l)(1) 
of this title'' for ``section 410(m)(1) of this title''.
    1958--Subsec. (b)(2). Pub. L. 85-857 substituted ``section 3101 of 
title 38'' for ``section 454a of title 38''.
    Subsec. (g). Pub. L. 85-840, Sec. 314(b), substituted ``Trust 
Funds'' for ``Trust Fund'' in par. (1), and ``the Federal Old-Age and 
Survivors Insurance Trust Fund in'' for ``the Trust Fund in'', ``such 
Trust Fund annually'', for ``the Trust Fund annually'', and ``such Trust 
Fund during'' for ``the Trust Fund during'' in par. (2).
    Subsec. (h). Pub. L. 85-840, Sec. 314(a), added subsec. (h).
    1956--Subsec. (e). Act Aug. 1, 1956, Sec. 404(a), amended subsec. 
(e) generally, substituting ``January 1, 1957'' for ``April 1, 1956'' in 
five places, and inserting provisions in par. (1) relating to monthly 
benefits for months after December 1956 and any lump-sum death payment 
under this subchapter with respect to a death occurring after December 
1956.
    Subsecs. (f), (g). Act Aug. 1, 1956, Secs. 404(b), 406, added 
subsecs. (f) and (g), respectively.
    1955--Subsec. (e). Act Aug. 9, 1955, substituted ``April 1, 1956'' 
for ``July 1, 1955'' wherever appearing.
    1954--Subsec. (a)(1). Act Sept. 1, 1954, Sec. 106(e)(1), (3), 
inserted ``and for purposes of section 416(i)(3) of this title'' after 
``World War II veteran'' in first sentence, and inserted sentence at 
end.
    Subsec. (e)(1). Act Sept. 1, 1954, Sec. 106(e)(2), (3), inserted 
``and for purposes of section 416(i)(3) of this title'' after ``veteran 
(as defined in paragraph (4) of this subsection)'' and inserted sentence 
at end.
    1953--Subsec. (e). Act Aug. 14, 1953, substituted ``July 1, 1955'' 
for ``January 1, 1954'' wherever appearing.
    1952--Act July 18, 1952, Sec. 5(a), struck out reference to World 
War II veterans in section catchline.
    Subsec. (a)(1). Act July 5, 1952, Sec. 5(d)(1), inserted provision 
following cl. (B) that cl. (B) not apply in the case of any monthly 
benefits or lump-sum death payments under this subchapter.
    Subsec. (e). Act July 18, 1952, Sec. 5(a), added subsec. (e).

                         Change of Name

    Coast and Geodetic Survey consolidated with Weather Bureau to form a 
new agency in Department of Commerce to be known as Environmental 
Science Services Administration, and commissioned officers of Survey 
transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 
30 F.R. 8819, 79 Stat. 1318, set out in the Appendix to Title 5, 
Government Organization and Employees. Reorg. Plan No. 4 of 1970, eff. 
Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, abolished Environmental 
Science Services Administration, established National Oceanic and 
Atmospheric Administration, and redesignated Commissioned Officer Corps 
of ESSA as Commissioned Officer Corps of NOAA. For further details, see 
Transfer of Functions note set out under section 851 of Title 33, 
Navigation and Navigable Waters.


                    Effective Date of 1994 Amendment

    Amendment by 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.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-369 effective July 18, 1984, 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 Date of 1983 Amendment

    Amendment by section 308 of Pub. L. 98-21 applicable only with 
respect to monthly payments payable under this subchapter for months 
after April 1983, see section 310 of Pub. L. 98-21, set out as a note 
under section 402 of this title.


                    Effective Date of 1981 Amendment

    Amendment by section 2201(c)(7) of Pub. L. 97-35 and by section 2(g) 
of Pub. L. 97-123 applicable with respect to benefits for months after 
December 1981 with certain exceptions, see section 2(j)(2)-(4) of Pub. 
L. 97-123, set out as a note under section 415 of this title.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-216 effective with respect to monthly 
benefits and lump-sum death payments for deaths occurring after December 
1978, see section 206 of Pub. L. 95-216, set out as a note under section 
402 of this title.


                    Effective Date of 1960 Amendment

    Amendment by Pub. L. 86-778 effective Sept. 13, 1960, see section 
103(v)(1) of Pub. L. 86-778, set out as a note under section 402 of this 
title.


                    Effective Date of 1958 Amendments

    Amendment by Pub. L. 85-857 effective Jan. 1, 1959, see section 2 of 
Pub. L. 85-857, set out as an Effective Date note preceding Part I of 
Title 38, Veterans' Benefits.
    Section 314(c)(1) of Pub. L. 85-840 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply only with 
respect to (A) monthly benefits under sections 202 and 223 of the Social 
Security Act [sections 402 and 423 of this title] for months after the 
month in which this Act is enacted [August 1958], (B) lump-sum death 
payments under such section 202 in the case of deaths occurring after 
the month in which this Act is enacted, and (C) periods of disability 
under section 216(i) [section 416(i) of this title] in the case of 
applications for a disability determination filed after the month in 
which this Act is enacted.''


                    Effective Date of 1956 Amendment

    Section 404(d) of act Aug. 1, 1956, provided that: ``Except for the 
last sentence of section 217(e)(1) of the Social Security Act [subsec. 
(e)(1) of this section] as amended by subsection (a) of this section, 
the amendments made by such subsection (a) [amending this section] shall 
be effective as though they had been enacted on March 31, 1956. Such 
last sentence of section 217(e)(1) of the Social Security Act shall 
become effective January 1, 1957.''
    Amendment by section 406 of act Aug. 1, 1956, effective Jan. 1, 
1957, see section 603(a) of act Aug. 1, 1956.


                    Effective Date of 1954 Amendment

    Amendment by section 106(e) 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 Date of 1952 Amendment

    Section 5(c) of act of July 18, 1952, as amended by Pub. L. 86-778, 
title III, Sec. 304(d), Sept. 13, 1960, 74 Stat. 966, provided that:
    ``(1) The amendments made by subsections (a) and (b) [amending this 
section and section 405 of this title] shall apply with respect to 
monthly benefits under section 202 of the Social Security Act [section 
402 of this title] for months after August 1952, and with respect to 
lump-sum death payments in the case of deaths occurring after August 
1952, except that, in the case of any individual who is entitled, on the 
basis of the wages and self-employment income of any individual to whom 
section 217(e) of the Social Security Act [subsec. (e) of this section] 
applies, to monthly benefits under such section 202 for August 1952, 
such amendments shall apply (A) only if an application for recomputation 
by reason of such amendments is filed by such individual, or any other 
individual, entitled to benefits under such section 202 on the basis of 
such wages and self-employment income, and (B) only with respect to such 
benefits for months after whichever of the following is the later: 
August 1952 of the seventh month before the month in which such 
application was filed. Recomputations of benefits as required to carry 
out the provisions of this paragraph shall be made notwithstanding the 
provisions of section 215(f)(1) of the Social Security Act [section 
415(f)(1) of this title]; but no such recomputation shall be regarded as 
a recomputation for purposes of section 215(f) of such act. 
Notwithstanding the preceding provisions of this paragraph, the primary 
insurance amount of an individual shall not be recomputed under such 
provisions unless such individual files the application referred to in 
clause (A) of the first sentence of this paragraph prior to January 1961 
or, if he dies without filing such application, his death occurred prior 
to January 1961.
    ``(2) In the case of any veteran (as defined in section 217(e)(4) of 
the Social Security Act [subsec. (e)(4) of this section]) who died prior 
to September 1952, the requirement in subsections (f) and (h) of section 
202 of the Social Security Act that proof of support be filed within two 
years of the date of such death shall not apply if such proof is filed 
prior to September 1954.''
    Section 5(d)(2) of act July 18, 1952, provided that: ``The amendment 
made by paragraph (1) of this subsection [amending this section] shall 
apply only in the case of applications for benefits under section 202 of 
the Social Security Act [section 402 of this title] filed after August 
1952.''


                             Effective Date

    Section 105 of act Aug. 28, 1950, provided that this section is 
effective Sept. 1, 1950.

                          Transfer of Functions

    Coast Guard transferred to Department of Transportation, and 
functions, powers, and duties relating to Coast Guard, of Secretary of 
the Treasury and of other officers and offices of Department of the 
Treasury transferred to Secretary of Transportation by Pub. L. 89-670, 
Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 
89-670, however, provided that notwithstanding such transfer of 
functions, Coast Guard shall operate as part of Navy in time of war or 
when President directs as provided in section 3 of Title 14, Coast 
Guard. See section 108 of Title 49, Transportation.


    Recomputation of Primary Insurance Amount of Certain Individuals

    Section 314(c)(2) of Pub. L. 85-840 provided that: ``In the case of 
any individual--
        ``(A) who is a World War II veteran (as defined in section 
    217(d)(2) of the Social Security Act [subsec. (d)(2) of this 
    section]) wholly or partly by reason of service described in section 
    217(h)(1)(A) of such Act; and
        ``(B) who (i) became entitled to old-age insurance benefits 
    under section 202(a) of the Social Security Act [section 402(a) of 
    this title] or to disability insurance benefits under section 223 of 
    such Act [section 423 of this title] prior to the first day of the 
    month following the month in which this Act is enacted [August 
    1958], or (i) died prior to such first day, and whose widow, former 
    wife divorced, widower, child, or parent is entitled for the month 
    in which this Act is enacted, on the basis of his wages and self-
    employment income, to a monthly benefit under section 202 of such 
    Act; and
        ``(C) any part of whose service described in section 
    217(h)(1)(A) of the Social Security Act was not included in the 
    computation of his primary insurance amount under section 215 of 
    such Act [section 415 of this title] but would have been included in 
    such computation if the amendment made by subsection (a) of this 
    section had been effective prior to the date of such computation,
the Secretary of Health, Education, and Welfare [now Health and Human 
Services] shall, notwithstanding the provisions of section 215(f)(1) of 
the Social Security Act, recompute the primary insurance amount of such 
individual upon the filing of an application, after the month in which 
this Act is enacted [August 1958], by him or (if he has died without 
filing such an application) by any person entitled to monthly benefits 
under section 202 of the Social Security Act on the basis of his wages 
and self-employment income. Such recomputation shall be made only in the 
manner provided in title II of the Social Security Act [this subchapter] 
as in effect at the time of the last previous computation or 
recomputation of such individual's primary insurance amount, and as 
though application therefor was filed in the month in which application 
for such last previous computation or recomputation was filed. No 
recomputation made under this subsection shall be regarded as a 
recomputation under section 215(f) of the Social Security Act. Any such 
recomputation shall be effective for and after the twelfth month before 
the month in which the application is filed, but in no case for the 
month in which this Act is enacted or any prior month.''


  Recomputation of Social Security Benefits of Widows and Children Who 
        Waive Right to Annuity Under Civil Service Retirement Act

    Section 404(c) of act Aug. 1, 1956, provided that: ``In the case of 
any deceased individual--
        ``(1) who is a World War II veteran (as defined in section 
    217(d)(2) of the Social Security Act [subsec. (d)(2) of this 
    section]) or a veteran (as defined in section 217(e)(4) of such 
    Act); and
        ``(2) whose widow or child is entitled under the Civil Service 
    Retirement Act of May 29, 1930, as amended [see section 8301 et seq. 
    of Title 5, Government Organization and Employees], to an annuity in 
    the computation of which his active military or naval service after 
    September 15, 1940, and before January 1, 1957, was included; and
        ``(3) whose widow or child is entitled under section 202 of the 
    Social Security Act [section 402 of this title], on the basis of his 
    wages and self-employment income, to a monthly benefit in the 
    computation of which such active military or naval service was 
    excluded (under clause (B) of subsection (a)(1) or (e)(1) of section 
    217 of such Act) solely by reason of the annuity described in the 
    preceding paragraph; and
        ``(4) whose widow or child is entitled by reason of section 
    217(f) of the Social Security Act to have such active military or 
    naval service included in the computation of such monthly benefit,
the Secretary of Health, Education, and Welfare [now Health and Human 
Services] shall, notwithstanding the provisions of section 215(f)(1) of 
the Social Security Act [section 415(f)(1) of this title], recompute the 
primary insurance amount of such individual upon the filing of an 
application, after December 1956, by or on behalf of such widow or 
child. Such recomputation shall be made only in the manner provided in 
title II of the Social Security Act [this subchapter] as in effect at 
the time of such individual's death, and as though application therefor 
was filed in the month in which he died. No recomputation made under 
this subsection shall be regarded as a recomputation under section 
215(f) of the Social Security Act. Any such recomputation shall be 
effective for and after the twelfth month before the month in which the 
application is filed, but in no case for any month before the first 
month with respect to which such widow or child is entitled by reason of 
section 217(f) of the Social Security Act to have such active military 
or naval service included in the computation of such monthly benefits. 
The terms used in this subsection shall have the same meaning as when 
used in title II of the Social Security Act [this subchapter].''

                  Section Referred to in Other Sections

    This section is referred to in sections 213, 405, 415 of this title; 
title 33 section 857; title 45 section 231b.
