
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: 42USC428]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
  SUBCHAPTER II--FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE 
                                BENEFITS
 
Sec. 428. Benefits at age 72 for certain uninsured individuals


(a) Eligibility

    Every individual who--
        (1) has attained the age of 72,
        (2)(A) attained such age before 1968, or (B)(i) attained such 
    age after 1967 and before 1972, and (ii) has not less than 3 
    quarters of coverage, whenever acquired, for each calendar year 
    elapsing after 1966 and before the year in which he or she attained 
    such age,
        (3) is a resident of the United States (as defined in subsection 
    (e) of this section), and is (A) a citizen of the United States or 
    (B) an alien lawfully admitted for permanent residence who has 
    resided in the United States (as defined in section 410(i) of this 
    title) continuously during the 5 years immediately preceding the 
    month in which he or she files application under this section, and
        (4) has filed application for benefits under this section,

shall (subject to the limitations in this section) be entitled to a 
benefit under this section for each month beginning with the first month 
after September 1966 in which he or she becomes so entitled to such 
benefits and ending with the month preceding the month in which he or 
she dies. No application under this section which is filed by an 
individual more than 3 months before the first month in which he or she 
meets the requirements of paragraphs (1), (2), and (3) shall be accepted 
as an application for purposes of this section.

(b) Amount of benefits

    The benefit amount to which an individual is entitled under this 
section for any month shall be the larger of $64.40 or the amount most 
recently established in lieu thereof under section 415(i) of this title.

(c) Reduction for government pension system benefits

    (1) The benefit amount of any individual under this section for any 
month shall be reduced (but not below zero) by the amount of any 
periodic benefit under a governmental pension system for which he or she 
is eligible for such month.
    (2) In the case of a husband and wife only one of whom is entitled 
to benefits under this section for any month, the benefit amount, after 
any reduction under paragraph (1), shall be further reduced (but not 
below zero) by the excess (if any) of (A) the total amount of any 
periodic benefits under governmental pension systems for which the 
spouse who is not entitled to benefits under this section is eligible 
for such month, over (B) the benefit amount as determined without regard 
to this subsection.
    (3) In the case of a husband or wife both of whom are entitled to 
benefits under this section for any month, the benefit amount of each 
spouse, after any reduction under paragraph (1), shall be further 
reduced (but not below zero) by the excess (if any) of (A) the total 
amount of any periodic benefits under governmental pension systems for 
which the other spouse is eligible for such month, over (B) the benefit 
amount of such other spouse as determined without regard to this 
subsection.
    (4) For purposes of this subsection, in determining whether an 
individual is eligible for periodic benefits under a governmental 
pension system--
        (A) such individual shall be deemed to have filed application 
    for such benefits,
        (B) to the extent that entitlement depends on an application by 
    such individual's spouse, such spouse shall be deemed to have filed 
    application, and
        (C) to the extent that entitlement depends on such individual or 
    his or her spouse having retired, such individual and his or her 
    spouse shall be deemed to have retired before the month for which 
    the determination of eligibility is being made.

    (5) For purposes of this subsection, if any periodic benefit is 
payable on any basis other than a calendar month, the Commissioner of 
Social Security shall allocate the amount of such benefit to the 
appropriate calendar months.
    (6) If, under the foregoing provisions of this section, the amount 
payable for any month would be less than $1, such amount shall be 
reduced to zero. In the case of a husband and wife both of whom are 
entitled to benefits under this section for the month, the preceding 
sentence shall be applied with respect to the aggregate amount so 
payable for such month.
    (7) If any benefit amount computed under the foregoing provisions of 
this section is not a multiple of $0.10, it shall be raised to the next 
higher multiple of $0.10.
    (8) Under regulations prescribed by the Commissioner of Social 
Security, benefit payments under this section to an individual (or 
aggregate benefit payments under this section in the case of a husband 
and wife) of less than $5 may be accumulated until they equal or exceed 
$5.

(d) Suspension for months in which cash payments are made under public 
        assistance or in which supplemental security income benefits are 
        payable

    The benefit to which any individual is entitled under this section 
for any month shall not be paid for such month if--
        (1) such individual receives aid or assistance in the form of 
    money payments in such month under a State plan approved under 
    subchapter I, X, XIV, or XVI of this chapter, or under a State 
    program funded under part A of subchapter IV of this chapter, or
        (2) such individual's husband or wife receives such aid or 
    assistance in such month, and under the State plan the needs of such 
    individual were taken into account in determining eligibility for 
    (or amount of) such aid or assistance,

unless the State agency administering or supervising the administration 
of such plan notifies the Commissioner of Social Security, at such time 
and in such manner as may be prescribed in accordance with regulations 
of the Commissioner of Social Security, that such payments to such 
individual (or such individual's husband or wife) under such plan are 
being terminated with the payment or payments made in such month and 
such individual is not an individual with respect to whom supplemental 
security income benefits are payable pursuant to subchapter XVI of this 
chapter or section 211 of Public Law 93-66 for the following month, nor 
shall such benefit be paid for such month if such individual is an 
individual with respect to whom supplemental security income benefits 
are payable pursuant to subchapter XVI of this chapter or section 211 of 
Public Law 93-66 for such month, unless the Commissioner of Social 
Security determines that such benefits are not payable with respect to 
such individual for the month following such month.

(e) Suspension where individual is residing outside United States

    The benefit to which any individual is entitled under this section 
for any month shall not be paid if, during such month, such individual 
is not a resident of the United States. For purposes of this subsection, 
the term ``United States'' means the 50 States and the District of 
Columbia.

(f) Treatment as monthly insurance benefits

    For purposes of subsections (t) and (u) of section 402 of this 
title, and of section 1395s of this title, a monthly benefit under this 
section shall be treated as a monthly insurance benefit payable under 
section 402 of this title.

(g) Annual reimbursement of Federal Old-Age and Survivors Insurance 
        Trust Fund

    There are authorized to be appropriated to the Federal Old-Age and 
Survivors Insurance Trust Fund for the fiscal year ending June 30, 1969, 
and for each fiscal year thereafter, such sums as the Commissioner of 
Social Security deems necessary on account of--
        (1) payments made under this section during the second preceding 
    fiscal year and all fiscal years prior thereto to individuals who, 
    as of the beginning of the calendar year in which falls the month 
    for which payment was made, had less than 3 quarters of coverage,
        (2) the additional administrative expenses resulting from the 
    payments described in paragraph (1), and
        (3) any loss in interest to such Trust Fund resulting from such 
    payments and expenses,

in order to place such Trust Fund in the same position at the end of 
such fiscal year as it would have been in if such payments had not been 
made.

(h) Definitions

    For purposes of this section--
        (1) The term ``quarter of coverage'' includes a quarter of 
    coverage as defined in section 228e(l) of title 45.
        (2) The term ``governmental pension system'' means the insurance 
    system established by this subchapter or any other system or fund 
    established by the United States, a State, any political subdivision 
    of a State, or any wholly owned instrumentality of any one or more 
    of the foregoing which provides for payment of (A) pensions, (B) 
    retirement or retired pay, or (C) annuities or similar amounts 
    payable on account of personal services performed by any individual 
    (not including any payment under any workmen's compensation law or 
    any payment by the Secretary of Veterans Affairs as compensation for 
    service-connected disability or death).
        (3) The term ``periodic benefit'' includes a benefit payable in 
    a lump sum if it is a commutation of, or a substitute for, periodic 
    payments.
        (4) The determination of whether an individual is a husband or 
    wife for any month shall be made under subsection (h) of section 416 
    of this title without regard to subsections (b) and (f) of section 
    416 of this title.

(Aug. 14, 1935, ch. 531, title II, Sec. 228, as added Pub. L. 89-368, 
title III, Sec. 302(a), Mar. 15, 1966, 80 Stat. 67; amended Pub. L. 90-
248, title I, Sec. 102(b), title II, Sec. 241(a) Jan. 2, 1968, 81 Stat. 
827, 916; Pub. L. 91-172, title X, Sec. 1003(b), Dec. 30, 1969, 83 Stat. 
740; Pub. L. 92-5, title II, Sec. 202(b), Mar. 17, 1971, 85 Stat. 10; 
Pub. L. 92-336, title II, Sec. 201(g)(2), July 1, 1972, 86 Stat. 411; 
Pub. L. 93-233, Secs. 2(b)(1), 18(c), Dec. 31, 1973, 87 Stat. 952, 968; 
Pub. L. 98-21, title III, Sec. 305(a)-(d), Apr. 20, 1983, 97 Stat. 113; 
Pub. L. 98-369, div. B, title VI, Secs. 2662(e), 2663(j)(3)(A)(iv), July 
18, 1984, 98 Stat. 1159, 1170; Pub. L. 101-508, title V, Sec. 5114(a), 
Nov. 5, 1990, 104 Stat. 1388-273; Pub. L. 102-54, Sec. 13(q)(3)(B)(i), 
June 13, 1991, 105 Stat. 279; Pub. L. 103-296, title I, Sec. 107(a)(4), 
Aug. 15, 1994, 108 Stat. 1478; Pub. L. 104-193, title I, Sec. 108(a)(2), 
Aug. 22, 1996, 110 Stat. 2165.)

                       References in Text

    Part A of subchapter IV of this chapter, referred to in subsec. 
(d)(1), is classified to section 601 et seq. of this title.
    Section 211 of Pub. L. 93-66, referred to in subsec. (d), is set out 
as a note under section 1382 of this title.
    Section 228e(l) of title 45, referred to in subsec. (h)(1), is a 
reference to section 5(l) of the Railroad Retirement Act of 1937. That 
Act was amended in its entirety and completely revised by Pub. L. 93-
445, Oct. 16, 1974, 88 Stat. 1305. The Act, as thus amended and revised, 
was redesignated the Railroad Retirement Act of 1974, and is classified 
generally to subchapter IV (Sec. 231 et seq.) of chapter 9 of Title 45, 
Railroads. Section 228e of title 45 is covered by section 231e of Title 
45.


                               Amendments

    1996--Subsec. (d)(1). Pub. L. 104-193 inserted ``under a State 
program funded under'' before ``part A of subchapter IV of this 
chapter''.
    1994--Subsecs. (c)(5), (8), (d), (g). Pub. L. 103-296 substituted 
``Commissioner of Social Security'' for ``Secretary'' wherever 
appearing.
    1991--Subsec. (h)(2). Pub. L. 102-54 substituted ``Secretary of 
Veterans Affairs'' for ``Veterans' Administration''.
    1990--Subsec. (a)(2). Pub. L. 101-508 substituted ``(B)(i) attained 
such age after 1967 and before 1972, and (ii)'' for ``(B)''.
    1984--Subsec. (c)(4)(C). Pub. L. 98-369, Sec. 2662(e), amended 
directory language of Pub. L. 98-21, Sec. 305(d)(2). See 1983 Amendment 
note below.
    Subsec. (g). Pub. L. 98-369, Sec. 2663(j)(3)(A)(iv), struck out ``of 
Health, Education, and Welfare'' after ``Secretary''.
    1983--Subsec. (a). Pub. L. 98-21, Sec. 305(d)(1), substituted ``he 
or she'' for ``he'' wherever appearing.
    Subsec. (b). Pub. L. 98-21, Sec. 305(a), substituted ``The'' for 
``(1) Except as provided in paragraph (2), the'' and struck out par. 
(2), which had provided that if both husband and wife were entitled or 
would have been entitled upon application to benefits under this section 
for any month, the amount of the husband's benefit for such month would 
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 wife's 
benefit for such month the larger of $32.20 or the amount most recently 
established in lieu thereof under section 415(i) of this title.
    Subsec. (c)(1). Pub. L. 98-21, Sec. 305(d)(1), substituted ``he or 
she'' for ``he''.
    Subsec. (c)(2). Pub. L. 98-21, Sec. 305(b), substituted ``(B) the 
benefit amount as determined without regard to this subsection'' for 
``(B) the larger of $32.20 or the amount most recently established in 
lieu thereof under section 415(i) of this title''.
    Subsec. (c)(3). Pub. L. 98-21, Sec. 305(c), amended par. (3) 
generally, substituting provisions relating to either a husband or wife 
for provision that the benefit amount of the wife, after any reduction 
under paragraph (1), would be further reduced (but not below zero) by 
the excess (if any) of (i) the total amount of any periodic benefits 
under governmental pension systems for which the husband was eligible 
for such month, over (ii) the larger of $64.40 or the amount most 
recently established in lieu thereof under section 415(i) of this title, 
and that the benefit amount of the husband, after any reduction under 
paragraph (1), would be further reduced (but not below zero) by the 
excess (if any) of (i) the total amount of any periodic benefits under 
governmental pension systems for which the wife was eligible for such 
month, over (ii) the larger of $32.20 or the amount most recently 
established in lieu thereof under section 415(i) of this title.
    Subsec. (c)(4)(C). Pub. L. 98-21, Sec. 305(d)(2), as amended by Pub. 
L. 98-369, Sec. 2662(e), substituted ``his or her'' for ``his'' wherever 
appearing.
    1973--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'' in pars. (1) and (2) 
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'' in par. 
(2).
    Subsec. (c). 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'' in par. (3), subpar. (A) 
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'' in par. 
(2) and par. (3) subpar. (B).
    Subsec. (d). Pub. L. 93-233, Sec. 18(c) provided for elimination of 
benefits at age 72 for uninsured individuals receiving supplemental 
security income benefits.
    1972--Subsec. (b)(1). Pub. L. 92-336, Sec. 201(g)(2)(A), substituted 
``$58.00'' for ``$48.30''.
    Subsec. (b)(2). Pub. L. 92-336, Sec. 201(g)(2)(B), substituted 
``$58.00'' for ``$48.30'' and ``$29.00'' for ``$24.20''.
    Subsec. (c)(2). Pub. L. 92-336, Sec. 201(g)(2)(C), substituted 
``$29.00'' for ``$24.20''.
    Subsec. (c)(3)(A). Pub. L. 92-336, Sec. 201(g)(2)(D), substituted 
``$58.00'' for ``$48.30''.
    Subsec. (c)(3)(B). Pub. L. 92-336, Sec. 201(g)(2)(E), substituted 
``$29.00'' for ``$24.20''.
    1971--Subsec. (b)(1). Pub. L. 92-5, Sec. 202(b)(1), substituted 
``$48.30'' for ``$46''.
    Subsec. (b)(2). Pub. L. 92-5, Sec. 202(b)(2), substituted ``$48.30'' 
for ``$46'' and ``$24.20'' for ``$23''.
    Subsec. (c)(2). Pub. L. 92-5, Sec. 202(b)(3), substituted ``$24.20'' 
for ``$23''.
    Subsec. (c)(3)(A). Pub. L. 92-5, Sec. 202(b)(4), substituted 
``$48.30'' for ``$46''.
    Subsec. (c)(3)(B). Pub. L. 92-5, Sec. 202(b)(5), substituted 
``$24.20'' for ``$23''.
    1969--Subsec. (b)(1). Pub. L. 91-172, Sec. 1003(b)(1), substituted 
``$46'' for ``$40''.
    Subsec. (b)(2). Pub. L. 91-172, Sec. 1003(b)(2), substituted ``$46'' 
for ``$40'' and ``$23'' for ``$20''.
    Subsec. (c)(2). Pub. L. 91-172, Sec. 1003(b)(3), substituted ``$23'' 
for ``$20''.
    Subsec. (c)(3)(A). Pub. L. 91-172, Sec. 1003(b)(4), substituted 
``$46'' for ``$40''.
    Subsec. (c)(3)(B). Pub. L. 91-172, Sec. 1003(b)(5), substituted 
``$23'' for ``$20''.
    1968--Subsec. (b)(1). Pub. L. 90-248, Sec. 102(b)(1), substituted 
``$40'' for ``$35''.
    Subsec. (b)(2). Pub. L. 90-248, Sec. 102(b)(2), substituted ``$40'' 
for ``$35'' and ``$20'' for $17.50''.
    Subsec. (c)(2). Pub. L. 90-248, Sec. 102(b)(3), substituted ``$20'' 
for ``$17.50''.
    Subsec. (c)(3)(A). Pub. L. 90-248, Sec. 102(b)(4), substituted 
``$40'' for ``$35''.
    Subsec. (c)(3)(B). Pub. L. 90-248, Sec. 102(b)(5), substituted 
``$20'' for ``$17.50''.
    Subsec. (d)(1). Pub. L. 90-248, Sec. 241(a), struck out ``IV,'' 
after ``I,'' and inserted ``or part A of subchapter IV of this 
chapter,'' after ``XVI of this chapter,''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-193 effective July 1, 1997, with transition 
rules relating to State options to accelerate such date, rules relating 
to claims, actions, and proceedings commenced before such date, rules 
relating to closing out of accounts for terminated or substantially 
modified programs and continuance in office of Assistant Secretary for 
Family Support, and provisions relating to termination of entitlement 
under AFDC program, see section 116 of Pub. L. 104-193, as amended, set 
out as an Effective Date note under section 601 of this title.


                    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 1990 Amendment

    Section 5114(b) of Pub. L. 101-508 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply with respect 
[to] benefits payable on the basis of applications filed after the date 
of the enactment of this Act [Nov. 5, 1990].''


                    Effective Date of 1984 Amendment

    Amendment by section 2662(e) of Pub. L. 98-369 effective as though 
included in the enactment of the Social Security Amendments of 1983, 
Pub. L. 98-21, see section 2664(a) of Pub. L. 98-369, set out as a note 
under section 401 of this title.
    Amendment by section 2663(j)(3)(A)(iv) of 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 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 section 2(b)(1) of 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 Amendment

    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

    Amendment by Pub. L. 92-5 applicable with respect to monthly 
benefits under subchapter II of this chapter for months after December 
1970, see section 202(c) of Pub. L. 92-5, set out as a note under 
section 427 of this title.


                    Effective Date of 1969 Amendment

    Amendment by Pub. L. 91-172 applicable for months after December 
1969, see section 1003(c) of Pub. L. 91-172, set out as a note under 
section 427 of this title.


                    Effective Date of 1968 Amendment

    Amendment by section 102(b) of Pub. L. 90-248 applicable with 
respect to monthly benefits under this subchapter for months after 
January 1968, see section 102(c) of Pub. L. 90-248, set out as a note 
under section 427 of this title.


Repeal of Amendment of Subsecs. (b)(1), (2) and (c)(3)(A), (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.


                 Application to Northern Mariana Islands

    For applicability of this section to the Northern Mariana Islands, 
see section 502(a)(1) of the Covenant to Establish a Commonwealth of the 
Northern Mariana Islands in Political Union with the United States of 
America and Proc. No. 4534, Oct. 24, 1977, 42 F.R. 56593, set out as 
notes under section 1801 of Title 48, Territories and Insular 
Possessions.


        Increases To Take Into Account General Benefit Increases

    Section 305(e) of Pub. L. 98-21 provided that: ``The Secretary shall 
increase the amounts specified in section 228 of the Social Security Act 
[this section], as amended by this section, to take into account any 
general benefit increases (as referred to in section 215(i)(3) of such 
Act [section 415(i)(3) of this title]), and any increases under section 
215(i) of such Act, which have occurred after June 1974 or may hereafter 
occur.''


           Special $50 Payment Under Tax Reduction Act of 1975

    Special payment of $50 as soon as practicable after Mar. 29, 1975, 
by Secretary of the Treasury to each individual who, for month of March 
1975, was entitled to a monthly insurance benefit payable under this 
subchapter, see section 702 of Pub. L. 94-12, set out as a note under 
section 402 of this title.


  Applications for Transitional Coverage of Uninsured Individuals for 
                       Hospital Insurance Benefits

    Section 302(b) of Pub. L. 89-368 provided that: ``For purposes of 
paragraph (4) of section 228(a) of the Social Security Act [subsec. 
(a)(4) of this section] (added by subsection (a) of this section), an 
application filed under section 103 of the Social Security Amendments of 
1965 [set out as a note under section 426 of this title] before July 
1966 shall be regarded as an application under such section 228 [this 
section] and shall, for purposes of such paragraph and of the last 
sentence of such section 228(a), be deemed to have been filed in July 
1966, unless the person by whom or on whose behalf such application was 
filed notifies the Secretary that he does not want such application so 
regarded.''

                  Section Referred to in Other Sections

    This section is referred to in sections 405, 415, 659, 1320b-1 of 
this title; title 48 section 1421q.
