
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-117 Section 8134]
[CITE: 42USC429]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
  SUBCHAPTER II--FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE 
                                BENEFITS
 
Sec. 429. Benefits in case of members of uniformed services

    (a) For purposes of determining entitlement to and the amount of any 
monthly benefit for any month after December 1972, 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 individual, and for purposes of section 
416(i)(3) of this title, such individual, if he was paid wages for 
service as a member of a uniformed service (as defined in section 410(m) 
of this title) which was included in the term ``employment'' as defined 
in section 410(a) of this title as a result of the provisions of section 
410(l)(1)(A) of this title, shall be deemed to have been paid--
        (1) in each calendar quarter occurring after 1956 and before 
    1978 in which he was paid such wages, additional wages of $300, and
        (2) in each calendar year occurring after 1977 in which he was 
    paid such wages, additional wages of $100 for each $300 of such 
    wages, up to a maximum of $1,200 of additional wages for any 
    calendar year.

    (b) There are authorized to be appropriated to each of the Trust 
Funds, consisting of the Federal Old-Age and Survivors Insurance Trust 
Fund, the Federal Disability Insurance Trust Fund, and the Federal 
Hospital Insurance Trust Fund, for transfer on July 1 of each calendar 
year to such Trust Fund from amounts in the general fund in the Treasury 
not otherwise appropriated, an amount equal to the total of the 
additional amounts which would be appropriated to such Trust Fund for 
the fiscal year ending September 30 of such calendar year under section 
401 or 1395i of this title if the amounts of the additional wages deemed 
to have been paid for such calendar year by reason of subsection (a) of 
this section constituted remuneration for employment (as defined in 
section 3121(b) of the Internal Revenue Code of 1986) for purposes of 
the taxes imposed by sections 3101 and 3111 of the Internal Revenue Code 
of 1986. Amounts authorized to be appropriated under this subsection for 
transfer on July 1 of each calendar year shall be determined on the 
basis of estimates of the Commissioner of Social Security of the wages 
deemed to be paid for such calendar year under subsection (a) of this 
section; and proper adjustments shall be made in amounts authorized to 
be appropriated for subsequent transfer to the extent prior estimates 
were in excess of or were less than such wages so deemed to be paid. 
Additional adjustments may be made in the amounts so authorized to be 
appropriated to the extent that the amounts transferred in accordance 
with clauses (i) and (ii) of section 151(b)(3)(B) of the Social Security 
Amendments of 1983 with respect to wages deemed to have been paid in 
1983 were in excess of or were less than the amount which the 
Commissioner of Social Security, on the basis of appropriate data, 
determines should have been so transferred.

(Aug. 14, 1935, ch. 531, title II, Sec. 229, as added Pub. L. 90-428, 
title I, Sec. 106, Jan. 2, 1968, 81 Stat. 833; amended Pub. L. 92-603, 
title I, Sec. 120(a), Oct. 30, 1972, 86 Stat. 1352; Pub. L. 95-216, 
title III, Sec. 353(d), Dec. 20, 1977, 91 Stat. 1554; Pub. L. 98-21, 
title I, Sec. 151(b)(1), Apr. 20, 1983, 97 Stat. 104; Pub. L. 98-369, 
div. B, title VI, Sec. 2661(n), July 18, 1984, 98 Stat. 1158; Pub. L. 
100-203, title IX, Sec. 9001(c), Dec. 22, 1987, 101 Stat. 1330-286; Pub. 
L. 103-296, title I, Sec. 107(a)(4), title III, Sec. 321(c)(6)(J), Aug. 
15, 1994, 108 Stat. 1478, 1538.)

                       References in Text

    The Internal Revenue Code of 1986, referred to in subsec. (b), is 
classified generally to Title 26, Internal Revenue Code.
    Section 151(b)(3)(B) of the Social Security Amendments of 1983, 
referred to in subsec. (b), is section 151(b)(3)(B) of Pub. L. 98-21, 
which is set out as a note below.


                               Amendments

    1994--Subsec. (b). Pub. L. 103-296, Sec. 321(c)(6)(J), substituted 
``1986'' for ``1954'' after ``Code of'' in two places.
    Pub. L. 103-296, Sec. 107(a)(4), substituted ``Commissioner of 
Social Security'' for ``Secretary'' in two places.
    1987--Subsec. (a). Pub. L. 100-203 substituted ``section 
410(l)(1)(A)'' for ``section 410(l)''.
    1984--Subsec. (b). Pub. L. 98-369 inserted at end ``Additional 
adjustments may be made in the amounts so authorized to be appropriated 
to the extent that the amounts transferred in accordance with clauses 
(i) and (ii) of section 151(b)(3)(B) of the Social Security Amendments 
of 1983 with respect to wages deemed to have been paid in 1983 were in 
excess of or were less than the amount which the Secretary, on the basis 
of appropriate data, determines should have been so transferred.''
    1983--Subsec. (b). Pub. L. 98-21 amended subsec. (b) generally, 
substituting provisions relating to authorization of appropriations to 
each of the Trust Funds for transfer on July 1 of each calendar year for 
provision that had authorized appropriations to the Federal Old-Age and 
Survivors Insurance Trust Fund, the Federal Disability Insurance Trust 
Fund, and the Federal Hospital Insurance Trust Fund annually, as 
benefits under this subchapter and part A of subchapter XVIII of this 
chapter were paid after December 1967, such sums as the Secretary 
determined to be necessary to meet (1) the additional costs, resulting 
from subsec. (a), of such benefits (including lump-sum death payments), 
(2) the additional administrative expenses resulting therefrom, and (3) 
any loss in interest to such trust funds resulting from the payment of 
such amounts, and that such additional costs would be determined after 
any increases in such benefits arising from the application of section 
417 of this title had been made.
    1977--Subsec. (a). Pub. L. 95-216 substituted provisions relating to 
applicability of benefits for wages deemed to have been paid in each 
calendar quarter occurring after 1956 and before 1978 and provisions 
relating to applicability of benefits for wages deemed to have been paid 
in each calendar quarter occurring after 1977, for provisions relating 
to applicability of benefits for wages deemed to have been paid in each 
calendar quarter occurring after 1956.
    1972--Subsec. (a). Pub. L. 92-603 substituted ``December 1972'' for 
``December 1967'' and ``after 1956'' for ``after 1967'' and struck out 
provisions limiting the wages deemed to have been paid an individual in 
addition to the wages actually paid him for his service to $100 if the 
wages actually paid to him in a quarter were $100 or less or to $200 if 
the wages actually paid to him in a quarter were more than $100 but not 
more than $200.


                    Effective Date of 1994 Amendment

    Amendment by section 107(a)(4) of 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 1987 Amendment

    Amendment by Pub. L. 100-203 applicable with respect to remuneration 
paid after Dec. 31, 1987, see section 9001(d) of Pub. L. 100-203, set 
out as a note under section 3121 of Title 26, Internal Revenue Code.


                    Effective Date of 1984 Amendment

    Amendment by 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.


                    Effective Date of 1983 Amendment

    Section 151(b)(2) of Pub. L. 98-21 provided that: ``The amendment 
made by paragraph (1) [amending this section] shall be effective with 
respect to wages deemed to have been paid for calendar years after 
1983.''


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-216 effective Jan. 1, 1978, see section 
353(g) of Pub. L. 95-216, set out as a note under section 418 of this 
title.


                    Effective Date of 1972 Amendment

    Section 120(b) of Pub. L. 92-603 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply with respect 
to monthly benefits under title II of the Social Security Act [this 
subchapter] for months after December 1972 and with respect to lump-sum 
death payments under such title in the case of deaths occurring after 
December 1972 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 229 of such Act [this section] applies, to 
monthly benefits under title II of such Act for the month in which this 
Act is enacted [October 1972], such amendments shall apply (1) only if a 
written request for a recalculation of such benefits (by reason of such 
amendments) under the provisions of section 215(b) and (d) of such Act 
[section 415(b) and (d) of this title], as in effect at the time such 
request is filed, is filed by such individual, or any other individual, 
entitled to benefits under such title II on the basis of such wages and 
self-employment income, and (2) only with respect to such benefits for 
months beginning with whichever of the following is later: January 1973 
or the twelfth month before the month in which such request was filed. 
Recalculations of benefits as required to carry out the provisions of 
this section shall be made notwithstanding the provisions of section 
215(f)(1) of the Social Security Act, and no such recalculation shall be 
regarded as a recomputation for purposes of section 215(f) of such 
Act.''


                  Compensatory Payments to Trust Funds

    Section 151(b)(3) of Pub. L. 98-21, as amended by Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
    ``(A) Within thirty days after the date of the enactment of this Act 
[Apr. 20, 1983], the Secretary of Health and Human Services shall 
determine the additional amounts which would have been appropriated to 
the Federal Old-Age and Survivors Insurance Trust Fund, the Federal 
Disability Insurance Trust Fund, and the Federal Hospital Insurance 
Trust Fund under sections 201 and 1817 of the Social Security Act 
[sections 401 and 1395i of this title] if the additional wages deemed to 
have been paid under section 229(a) of the Social Security Act [subsec. 
(a) of this section] prior to 1984 had constituted remuneration for 
employment (as defined in section 3121(b) of the Internal Revenue Code 
of 1986 [formerly I.R.C. 1954] [26 U.S.C. 3121(b)]) for purposes of the 
taxes imposed by sections 3101 and 3111 of the Internal Revenue Code of 
1986 [26 U.S.C. 3101, 3111], and the amount of interest which would have 
been earned on such amounts if they had been so appropriated.
    ``(B)(i) Within thirty days after the date of the enactment of this 
Act [Apr. 20, 1983], the Secretary of the Treasury shall transfer to 
each such Trust Fund, from amounts in the general fund of the Treasury 
not otherwise appropriated, an amount equal to the amount determined 
with respect to such Trust Fund under subparagraph (A), less any amount 
appropriated to such Trust Fund pursuant to the provisions of section 
229(b) of the Social Security Act [subsec. (b) of this section] prior to 
the date of the determination made under subparagraph (A) with respect 
to wages deemed to have been paid for calendar years prior to 1984.
    ``(ii) The Secretary of Health and Human Services shall revise the 
amount determined under clause (i) with respect to each such Trust Fund 
within one year after the date of the transfer made to such Trust Fund 
under clause (i), as determined appropriate by such Secretary from data 
which becomes available to him after the date of the transfer under 
clause (i). Within 30 days after any such revision, the Secretary of the 
Treasury 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 
Health and Human Services certifies as necessary to take into account 
such revision.''

                  Section Referred to in Other Sections

    This section is referred to in section 415 of this title; title 38 
section 5303A; title 45 section 231b; title 50 section 2082.
