
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 106-246 Section 5105]
[CITE: 42USC909]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
                     SUBCHAPTER VII--ADMINISTRATION
 
Sec. 909. Delivery of benefit checks


(a) Saturdays, Sundays, and holidays

    If the day regularly designated for the delivery of benefit checks 
under subchapter II, VIII, or XVI of this chapter falls on a Saturday, 
Sunday, or legal public holiday (as defined in section 6103 of title 5) 
in any month, the benefit checks which would otherwise be delivered on 
such day shall be mailed for delivery on the first day preceding such 
day which is not a Saturday, Sunday, or legal public holiday (as so 
defined), without regard to whether the delivery of such checks would as 
a result have to be made before the end of the month for which such 
checks are issued.

(b) Recovery of overpayments

    If more than the correct amount of payment under subchapter II, 
VIII, or XVI of this chapter is made to any individual as a result of 
the receipt of a benefit check pursuant to subsection (a) of this 
section before the end of the month for which such check is issued, no 
action shall be taken (under section 404 or 1383(b) of this title or 
otherwise) to recover such payment or the incorrect portion thereof.

(c) Early delivery

    For purposes of computing the ``OASDI trust fund ratio'' under 
section 401(l) of this title, the ``OASDI fund ratio'' under section 
415(i) of this title, and the ``balance ratio'' under section 910(b) of 
this title, benefit checks delivered before the end of the month for 
which they are issued by reason of subsection (a) of this section shall 
be deemed to have been delivered on the regularly designated delivery 
date.

(Aug. 14, 1935, ch. 531, title VII, Sec. 708, as added Pub. L. 95-216, 
title III, Sec. 333(a), Dec. 20, 1977, 91 Stat. 1543; amended Pub. L. 
99-272, title XII, Sec. 12111(a), Apr. 7, 1986, 100 Stat. 287; Pub. L. 
106-169, title II, Sec. 251(b)(5), Dec. 14, 1999, 113 Stat. 1855.)


                               Amendments

    1999--Subsecs. (a), (b). Pub. L. 106-169 substituted ``subchapter 
II, VIII,'' for ``subchapter II''.
    1986--Subsec. (c). Pub. L. 99-272 added subsec. (c).


                    Effective Date of 1986 Amendment

    Section 12111(c) of Pub. L. 99-272 provided that: ``The amendments 
made by this section [amending this section and section 86 of Title 26, 
Internal Revenue Code] shall apply with respect to benefit checks issued 
for months ending after the date of the enactment of this Act [Apr. 7, 
1986].''


                             Effective Date

    Section 333(b) of Pub. L. 95-216 provided that: ``The amendment made 
by subsection (a) of this section [enacting this section] shall apply 
with respect to benefit checks the regularly designated day for delivery 
of which occurs on or after the thirtieth day after the date of the 
enactment of this Act [Dec. 20, 1977].''


       Timing of Delivery of October 1, 2000, SSI Benefit Payments

    Pub. L. 105-33, title V, Sec. 5527, Aug. 5, 1997, 111 Stat. 625, 
provided that: ``Notwithstanding the provisions of section 708(a) of the 
Social Security Act (42 U.S.C. 908(a)), the day designated for delivery 
of benefit payments under title XVI of such Act [subchapter XVI of this 
chapter] for October 2000 shall be the second day of such month.''

                  Section Referred to in Other Sections

    This section is referred to in title 26 section 86.
