
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: 42USC427]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
  SUBCHAPTER II--FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE 
                                BENEFITS
 
Sec. 427. Transitional insured status for purposes of old-age 
        and survivors benefits
        

(a) Determination of entitlement to benefits under section 402(a) to (c) 
        of this title

    In the case of any individual who attains the age of 72 before 1969 
but who does not meet the requirements of section 414(a) of this title, 
the 6 quarters of coverage referred to in paragraph (1) of section 
414(a) of this title shall, instead, be 3 quarters of coverage for 
purposes of determining entitlement of such individual to benefits under 
section 402(a) of this title, and of the spouse to benefits under 
section 402(b) or section 402(c) of this title, but, in the case of such 
spouse, only if he or she attains the age of 72 before 1969 and only 
with respect to spouse's insurance benefits under section 402(b) or 
section 402(c) of this title for and after the month in which he or she 
attains such age. For each month before the month in which any such 
individual meets the requirements of section 414(a) of this title, the 
amount of the old-age insurance benefit shall, notwithstanding the 
provisions of section 402(a) of this title, be the larger of $64.40 or 
the amount most recently established in lieu thereof under section 
415(i) of this title and the amount of the spouse's insurance benefit of 
the spouse shall, notwithstanding the provisions of section 402(b) or 
section 402(c) of this title, be the larger of $32.20 or the amount most 
recently established in lieu thereof under section 415(i) of this title.

(b) Determination of entitlement to surviving spouse's benefits under 
        section 402(e) or (f) of this title

    In the case of any individual who has died, who does not meet the 
requirements of section 414(a) of this title, and whose surviving spouse 
attains age 72 before 1969, the 6 quarters of coverage referred to in 
paragraph (3) of section 414(a) of this title and in paragraph (1) 
thereof shall, for purposes of determining the entitlement to surviving 
spouse's insurance benefits under section 402(e) or section 402(f) of 
this title, instead be--
        (1) 3 quarters of coverage if such surviving spouse attains the 
    age of 72 in or before 1966,
        (2) 4 quarters of coverage if such surviving spouse attains the 
    age of 72 in 1967, or
        (3) 5 quarters of coverage if such surviving spouse attains the 
    age of 72 in 1968.

The amount of the surviving spouse's insurance benefit for each month 
shall, notwithstanding the provisions of section 402(e) or section 
402(f) of this title (and section 402(m) \1\ of this title), be the 
larger of $64.40 or the amount most recently established in lieu thereof 
under section 415(i) of this title.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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(c) Deceased individual entitled to benefits by reason of subsection (a) 
        deemed to meet requirements of subsection (b)

    In the case of any individual who becomes, or upon filing 
application therefor would become, entitled to benefits under section 
402(a) of this title by reason of the application of subsection (a) of 
this section, who dies, and whose surviving spouse attains the age of 72 
before 1969, such deceased individual shall be deemed to meet the 
requirements of subsection (b) of this section for purposes of 
determining entitlement of such surviving spouse to surviving spouse's 
insurance benefits under section 402(e) or section 402(f) of this title.

(Aug. 14, 1935, ch. 531, title II, Sec. 227, as added Pub. L. 89-97, 
title III, Sec. 309(a), July 30, 1965, 79 Stat. 379; amended Pub. L. 90-
248, title I, Sec. 102(a), Jan. 2, 1968, 81 Stat. 827; Pub. L. 91-172, 
title X, Sec. 1003(a), Dec. 30, 1969, 83 Stat. 740; Pub. L. 92-5, title 
II, Sec. 202(a), Mar. 17, 1971, 85 Stat. 10; Pub. L. 92-336, title II, 
Sec. 201(g)(1), July 1, 1972, 86 Stat. 411; Pub. L. 92-603, title I, 
Sec. 104 (e), (f), Oct. 30, 1972, 86 Stat. 1340; Pub. L. 93-233, 
Sec. 2(b)(1), Dec. 31, 1973, 87 Stat. 952; Pub. L. 98-21, title III, 
Sec. 304(a), (b), Apr. 20, 1983, 97 Stat. 112.)

                       References in Text

    Section 402(m) of this title, referred to in subsec. (b), was 
repealed by Pub. L. 97-35, title XXII, Sec. 2201(b)(10), Aug. 13, 1981, 
95 Stat. 831.


                               Amendments

    1983--Subsec. (a). Pub. L. 98-21, Sec. 304(a), substituted 
``spouse'' for ``wife'', ``spouse's'' for ``wife's'', and ``he or she'' 
for ``she'', wherever appearing, substituted ``the'' for ``his'' after 
``402(a) of this title, and of'' and preceding ``spouse'' in two places 
and preceding ``old-age insurance'', and inserted ``or section 402(c)'' 
after ``section 402(b)'' wherever appearing.
    Subsec. (b). Pub. L. 98-21, Sec. 304(b), substituted ``surviving 
spouse'' for ``widow'' and ``surviving spouse's'' for ``widow's'' 
wherever appearing, substituted ``the'' for ``her'' after 
``determining'' and ``The amount of'', and inserted ``or section 
402(f)'' after ``section 402(e)'' wherever appearing.
    Subsec. (c). Pub. L. 98-21, Sec. 304(b)(1), (2), (4), substituted 
``surviving spouse'' for ``widow'' wherever appearing and ``surviving 
spouse's'' for ``widow's'', and inserted ``or section 402(f)'' after 
``section 402(e)''.
    1973--Subsec. (a). Pub. L. 93-233, Sec. 2(b)(1), substituted ``the 
larger of $64.40 or the amount most recently established in lieu thereof 
under section 415(i) of this title'' for ``$58.00'' and ``the larger of 
$32.20 or the amount most recently established in lieu thereof under 
section 415(i) of this title'' for ``$29.00''.
    Subsec. (b). Pub. L. 93-233, Sec. 2(b)(1), substituted ``the larger 
of $64.40 or the amount most recently established in lieu thereof under 
section 415(i) of this title'' for ``$58.00''.
    1972--Subsec. (a). Pub. L. 92-336, Sec. 201(g)(1)(A), substituted 
``$58.00'' for ``$48.30'' and ``$29.00'' for ``$24.20''.
    Subsec. (a)(1). Pub. L. 92-603, Sec. 104(e), substituted ``paragraph 
(1) of section 414(a) of this title'' for ``so much of paragraph (1) of 
section 414(a) of this title as follows clause (C)''.
    Subsec. (b). Pub. L. 92-336, Sec. 201(g)(1)(B), substituted 
``$58.00'' for ``$48.30''.
    Subsec. (b)(1). Pub. L. 92-603, Sec. 104(f), substituted ``paragraph 
(1) thereof'' for ``so much of paragraph (1) thereof as follows clause 
(C)''.
    1971--Subsec. (a). Pub. L. 92-5, Sec. 202(a)(1), substituted 
``$48.30'' for ``$46'' and ``$24.20'' for ``$23''.
    Subsec. (b). Pub. L. 92-5, Sec. 202(a)(2), substituted ``$48.30'' 
for ``$46''.
    1969--Subsec. (a). Pub. L. 91-172, Sec. 1003(a)(1), substituted 
``$46'' for ``$40'', and ``$23'' for ``$20''.
    Subsec. (b). Pub. L. 91-172, Sec. 1003(a)(2), substituted ``$46'' 
for ``$40''.
    1968--Subsec. (a). Pub. L. 90-248, Sec. 102(a)(1), substituted 
``$40'' for ``$35'' and ``$20'' for ``$17.50''.
    Subsec. (b). Pub. L. 90-248, Sec. 102(a)(2), substituted ``$40'' for 
``$35''.


                    Effective Date of 1983 Amendment

    Amendment by 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 1973 Amendment

    Section 2(b)(1) of Pub. L. 93-233 provided that the amendment made 
by that section is effective June 1, 1974.
    Amendment by Pub. L. 93-233 applicable with respect to monthly 
benefits under this subchapter for months after May 1974, and with 
respect to lump-sum death payments under section 402(i) of this title, 
see section 2(c) of Pub. L. 93-233, set out as a note under section 415 
of this title.


                    Effective Date of 1972 Amendments

    Amendment by Pub. L. 92-603 applicable only in the case of a man who 
attains (or would attain) age 62 after December 1974, see section 104(j) 
of Pub. L. 92-603, set out as a note under section 414 of this title.
    Amendment by Pub. L. 92-336 applicable with respect to monthly 
benefits under subchapter II of this chapter for months after August 
1972, see section 201(i) of Pub. L. 92-336, set out as a note under 
section 415 of this title.


                    Effective Date of 1971 Amendment

    Section 202(c) of Pub. L. 92-5 provided that: ``The amendments made 
by subsections (a) and (b) [amending this section and section 428 of 
this title] shall apply with respect to monthly benefits under title II 
of the Social Security Act [this subchapter] for months after December 
1970.''


                    Effective Date of 1969 Amendment

    Section 1003(c) of Pub. L. 91-172 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section and section 428 
of this title] shall apply with respect to monthly benefits under title 
II of the Social Security Act [this subchapter] for months after 
December 1969.''


                    Effective Date of 1968 Amendment

    Section 102(c) of Pub. L. 90-248 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section and section 428 
of this title] shall apply with respect to monthly benefits under title 
II of the Social Security Act [this subchapter] for months after January 
1968.''


                             Effective Date

    Section 309(b) of Pub. L. 89-97 provided that: ``The amendment made 
by subsection (a) [enacting this section] shall apply in the case of 
monthly benefits under title II of the Social Security Act [this 
subchapter] for and after the second month following the month [July 
1965] in which this Act is enacted on the basis of applications filed in 
or after the month in which this Act is enacted.''


   Repeal of Amendment of Subsecs. (a) and (b) Prior to Effective Date

    Section 202(a)(4) of Pub. L. 92-336, title II, July 1, 1972, 86 
Stat. 416, which, effective Jan. 1, 1975, substituted ``the larger of 
$58.00 or the amount most recently established in lieu thereof under 
section 415(i) of this title'' for ``$58.00'' and ``the larger of $29.00 
or the amount most recently established in lieu thereof under section 
415(i) of this title'' for ``$29.00'', was repealed prior to its 
effective date by Pub. L. 93-233, Sec. 2(b)(2), Dec. 31, 1973, 87 Stat. 
952, applicable with respect to monthly benefits under this subchapter 
for months after May 1974, and with respect to lump-sum death payments 
under section 402(i) of this title. See section 2(c) of Pub. L. 93-233, 
set out as an Effective Date of 1973 Amendment note under section 415 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in section 415 of this title.
