42 U.S.C. § 413 — Quarter and quarter of coverage

Page 1985 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 413 L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2008—Subsec. (b). Pub. L. 110–246, § 15352(b)(3)(A), sub- stituted ‘‘Except as provided in subsection (c), for the purposes’’ for ‘‘For the purposes’’ in introductory pro- visions. Subsec. (c). Pub. L. 110–246, § 15352(b)(3)(B), added sub- sec. (c). 1977—Pub. L. 95–216 designated existing provisions as subsec. (a), substituted provisions relating to crediting of self-employment income to calendar years for provi- sions relating to crediting of self-employment income to calendar quarters, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 15352(b)(3) of Pub. L. 110–246 applicable to taxable years beginning after Dec. 31, 2007, see section 15352(c) of Pub. L. 110–246, set out as a note under section 1402 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–216 effective Jan. 1, 1978, see section 351(d) of Pub. L. 95–216, set out as a note under section 409 of this title. § 413. Quarter and quarter of coverage (a) Definitions For the purposes of this subchapter— (1) The term ‘‘quarter’’, and the term ‘‘cal- endar quarter’’, mean a period of three calendar months ending on March 31, June 30, September 30, or December 31. (2)(A) The term ‘‘quarter of coverage’’ means— (i) for calendar years before 1978, and subject to the provisions of subparagraph (B), a quar- ter in which an individual has been paid $50 or more in wages (except wages for agricultural labor paid after 1954) or for which he has been credited (as determined under section 412 of this title) with $100 or more of self-employ- ment income; and (ii) for calendar years after 1977, and subject to the provisions of subparagraph (B), each portion of the total of the wages paid and the self-employment income credited (pursuant to section 412 of this title) to an individual in a calendar year which equals the amount re- quired for a quarter of coverage in that cal- endar year (as determined under subsection (d)), with such quarter of coverage being as- signed to a specific calendar quarter in such calendar year only if necessary in the case of any individual who has attained age 62 or died or is under a disability and the requirements for insured status in subsection (a) or (b) of section 414 of this title, the requirements for entitlement to a computation or recomputa- tion of his primary insurance amount, or the requirements of paragraph (3) of section 416(i) of this title would not otherwise be met. (B) Notwithstanding the provisions of subpara- graph (A)— (i) no quarter after the quarter in which an individual dies shall be a quarter of coverage, and no quarter any part of which is included in a period of disability (other than the initial quarter and the last quarter of such period) shall be a quarter of coverage; (ii) if the wages paid to an individual in any calendar year equal $3,000 in the case of a cal- endar year before 1951, or $3,600 in the case of a calendar year after 1950 and before 1955, or $4,200 in the case of a calendar year after 1954 and before 1959, or $4,800 in the case of a cal- endar year after 1958 and before 1966, or $6,600 in the case of a calendar year after 1965 and be- fore 1968, or $7,800 in the case of a calendar year after 1967 and before 1972, or $9,000 in the case of the calendar year 1972, or $10,800 in the case of the calendar year 1973, or $13,200 in the case of the calendar year 1974, or an amount equal to the contribution and benefit base (as determined under section 430 of this title) in the case of any calendar year after 1974 and be- fore 1978 with respect to which such contribu- tion and benefit base is effective, each quarter of such year shall (subject to clauses (i) and (v)) be a quarter of coverage; (iii) if an individual has self-employment in- come for a taxable year, and if the sum of such income and the wages paid to him during such year equals $3,600 in the case of a taxable year beginning after 1950 and ending before 1955, or $4,200 in the case of a taxable year ending after 1954 and before 1959, or $4,800 in the case of a taxable year ending after 1958 and before 1966, or $6,600 in the case of a taxable year ending after 1965 and before 1968, or $7,800 in the case of a taxable year ending after 1967 and before 1972, or $9,000 in the case of a taxable year be- ginning after 1971 and before 1973, or $10,800 in the case of a taxable year beginning after 1972 and before 1974, or $13,200 in the case of a tax- able year beginning after 1973 and before 1975, or an amount equal to the contribution and benefit base (as determined under section 430 of this title) which is effective for the calendar year in the case of any taxable year beginning in any calendar year after 1974 and before 1978, each quarter any part of which falls in such year shall (subject to clauses (i) and (v)) be a quarter of coverage; (iv) if an individual is paid wages for agricul- tural labor in a calendar year after 1954 and before 1978, then, subject to clauses (i) and (v), (I) the last quarter of such year which can be but is not otherwise a quarter of coverage shall be a quarter of coverage if such wages equal or exceed $100 but are less than $200; (II) the last two quarters of such year which can be but are not otherwise quarters of coverage shall be quarters of coverage if such wages equal or exceed $200 but are less than $300; (III) the last three quarters of such year which can be but are not otherwise quarters of coverage shall be quarters of coverage if such wages equal or exceed $300 but are less than $400; and (IV) each quarter of such year which is not otherwise a quarter of coverage shall be a quarter of coverage if such wages are $400 or more; (v) no quarter shall be counted as a quarter of coverage prior to the beginning of such quarter; Page 1986 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 413 (vi) not more than one quarter of coverage may be credited to a calendar quarter; and (vii) no more than four quarters of coverage may be credited to any calendar year after 1977. If in the case of an individual who has attained age 62 or died or is under a disability and who has been paid wages for agricultural labor in a calendar year after 1954 and before 1978, the re- quirements for insured status in subsection (a) or (b) of section 414 of this title, the require- ments for entitlement to a computation or re- computation of his primary insurance amount, or the requirements of paragraph (3) of section 416(i) of this title are not met after assignment of quarters of coverage to quarters in such year as provided in clause (iv) of the preceding sen- tence, but would be met if such quarters of cov- erage were assigned to different quarters in such year, then such quarters of coverage shall in- stead be assigned, for purposes only of deter- mining compliance with such requirements, to such different quarters. If, in the case of an indi- vidual who did not die prior to January 1, 1955, and who attained age 62 (if a woman) or age 65 (if a man) or died before July 1, 1957, the require- ments for insured status in section 414(a)(3) of this title are not met because of his having too few quarters of coverage but would be met if his quarters of coverage in the first calendar year in which he had any covered employment had been determined on the basis of the period during which wages were earned rather than on the basis of the period during which wages were paid (any such wages paid that are reallocated on an earned basis shall not be used in determining quarters of coverage for subsequent calendar years), then upon application filed by the indi- vidual or his survivors and satisfactory proof of his record of wages earned being furnished by such individual or his survivors, the quarters of coverage in such calendar year may be deter- mined on the basis of the periods during which wages were earned. (b) Crediting of wages paid in 1937 With respect to wages paid to an individual in the six-month periods commencing either Janu- ary 1, 1937, or July 1, 1937; (A) if wages of not less than $100 were paid in any such period, one-half of the total amount thereof shall be deemed to have been paid in each of the calendar quarters in such period; and (B) if wages of less than $100 were paid in any such period, the total amount thereof shall be deemed to have been paid in the latter quarter of such period, except that if in any such period, the individual attained age sixty-five, all of the wages paid in such period shall be deemed to have been paid before such age was attained. (c) Alternative method for determining quarters of coverage with respect to wages in period from 1937 to 1950 For purposes of sections 414(a) and 415(d) of this title, an individual shall be deemed to have one quarter of coverage for each $400 of his total wages prior to 1951 (as defined in section 415(d)(1)(C) of this title), except where such indi- vidual is not a fully insured individual on the basis of the number of quarters of coverage so derived plus the number of quarters of coverage derived from the wages and self-employment in- come credited to such individual for periods after 1950. (d) Amount required for a quarter of coverage (1) The amount of wages and self-employment income which an individual must have in order to be credited with a quarter of coverage in any year under subsection (a)(2)(A)(ii) shall be $250 in the calendar year 1978 and the amount deter- mined under paragraph (2) of this subsection for years after 1978. (2) The Commissioner of Social Security shall, on or before November 1 of 1978 and of every year thereafter, determine and publish in the Federal Register the amount of wages and self- employment income which an individual must have in order to be credited with a quarter of coverage in the succeeding calendar year. The amount required for a quarter of coverage shall be the larger of— (A) the amount in effect in the calendar year in which the determination under this sub- section is made, or (B) the product of the amount prescribed in paragraph (1) which is required for a quarter of coverage in 1978 and the ratio of the national average wage index (as defined in section 409(k)(1) of this title) for the calendar year be- fore the year in which the determination under this paragraph is made to the national average wage index (as so defined) for 1976, with such product, if not a multiple of $10, being rounded to the next higher multiple of $10 where such amount is a multiple of $5 but not of $10 and to the nearest multiple of $10 in any other case. (Aug. 14, 1935, ch. 531, title II, § 213, as added Aug. 28, 1950, ch. 809, title I, § 104(a), 64 Stat. 492, 504; amended July 18, 1952, ch. 945, §§ 3(a), 66 Stat. 770; Sept. 1, 1954, ch. 1206, title I, §§ 104(c), 106(a), 108(b), 68 Stat. 1078, 1084; Aug. 1, 1956, ch. 836, title I, § 105(c), 70 Stat. 828; Pub. L. 85–840, title I, § 102(c), Aug. 28, 1958, 72 Stat. 1019; Pub. L. 86–442, § 3, Apr. 22, 1960, 74 Stat. 82; Pub. L. 86–778, title II, § 206(a), Sept. 13, 1960, 74 Stat. 949; Pub. L. 87–64, title I, § 102(c)(2)(A), (3)(B), June 30, 1961, 75 Stat. 134, 135; Pub. L. 89–97, title III, § 320(a)(3), July 30, 1965, 79 Stat. 393; Pub. L. 90–248, title I, §§ 108(a)(3), 155(b)(1), Jan. 2, 1968, 81 Stat. 834, 865; Pub. L. 92–5, title II, § 203(a)(3), Mar. 17, 1971, 85 Stat. 10; Pub. L. 92–336, title II, § 203(a)(3), July 1, 1972, 86 Stat. 418; Pub. L. 93–66, title II, § 203(a)(3), July 9, 1973, 87 Stat. 153; Pub. L. 93–233, § 5(a)(3), Dec. 31, 1973, 87 Stat. 953; Pub. L. 95–216, title III, §§ 351(c), 352(a), (b), Dec. 20, 1977, 91 Stat. 1550, 1552; Pub. L. 96–473, § 6(c), Oct. 19, 1980, 94 Stat. 2265; Pub. L. 98–369, div. B, title VI, § 2663(a)(9), July 18, 1984, 98 Stat. 1164; Pub. L. 101–239, title X, § 10208(b)(2)(A), (B), (d)(2)(A)(i), Dec. 19, 1989, 103 Stat. 2477, 2478, 2480; Pub. L. 101–508, title V, § 5117(c)(1), Nov. 5, 1990, 104 Stat. 1388–278; Pub. L. 103–296, title I, § 107(a)(4), title III, § 321(a)(15), (e)(2)(A), Aug. 15, 1994, 108 Stat. 1478, 1536, 1539.) Page 1987 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 413 Editorial Notes AMENDMENTS 1994—Subsec. (c). Pub. L. 103–296, § 321(a)(15), sub- stituted ‘‘sections’’ for ‘‘section’’ before ‘‘414(a) and 415(d) of this title’’. Subsec. (d)(2). Pub. L. 103–296, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ in introductory provisions. Subsec. (d)(2)(B). Pub. L. 103–296, § 321(e)(2)(A), sub- stituted ‘‘national average wage index’’ for ‘‘deemed average total wages’’ before ‘‘(as defined in’’ and ‘‘the national average wage index (as so defined) for 1976,’’ for ‘‘the average of the total wages (as defined in regu- lations of the Secretary and computed without regard to the limitations specified in section 409(a)(1) of this title) reported to the Secretary of the Treasury or his delegate for 1976 (as published in the Federal Register in accordance with section 415(a)(1)(D) of this title),’’. 1990—Subsec. (c). Pub. L. 101–508 inserted ‘‘and 415(d)’’ after ‘‘section 414(a)’’ and substituted ‘‘except where such individual is not a fully insured individual on the basis of the number of quarters of coverage so derived plus the number of quarters of coverage derived from the wages and self-employment income credited to such individual for periods after 1950.’’ for ‘‘except where— ‘‘(1) such individual is not a fully insured individual on the basis of the number of quarters of coverage so derived plus the number of quarters of coverage de- rived from the wages and self-employment income credited to him for periods after 1950, or ‘‘(2) such individual’s elapsed years (for purposes of section 414(a)(1) of this title) are less than 7.’’ 1989—Subsec. (d)(2)(B). Pub. L. 101–239, § 10208(b)(2)(A), (B), substituted ‘‘the deemed average total wages (as defined in section 409(k)(1) of this title)’’ for ‘‘the aver- age of the total wages (as defined in regulations of the Secretary and computed without regard to the limita- tions specified in section 409(a)(1) of this title) reported to the Secretary of the Treasury or his delegate’’ and ‘‘(as defined in regulations of the Secretary and com- puted without regard to the limitations specified in section 409(a)(1) of this title)’’ for ‘‘(as so defined and computed)’’. Pub. L. 101–239, § 10208(d)(2)(A)(i), substituted ‘‘409(a)(1)’’ for ‘‘409(a)’’. 1984—Subsec. (a)(1). Pub. L. 98–369, § 2663(a)(9)(A), sub- stituted ‘‘mean’’ for ‘‘means’’. Subsec. (a)(2)(B)(ii). Pub. L. 98–369, § 2663(a)(9)(B), sub- stituted ‘‘equal $3,000’’ for ‘‘equal to $3,000’’. 1980—Subsec. (a)(2)(A). Pub. L. 96–473 substituted ref- erence to quarter of coverage, for reference to quarters of coverage. 1977—Subsec. (a)(2). Pub. L. 95–216, §§ 351(c), 352(a), substituted provisions relating to factors respecting definition of ‘‘quarters of coverage’’ for calendar years before 1978, subject to the provisions of subpar. (B) of this par., and for calendar years after 1977, subject to the provisions of subpar. (B) of this par., for provisions relating to factors respecting definition of ‘‘quarter of coverage’’ as a quarter in which the individual has been paid $50 or more in wages (except wages for agricultural labor paid after 1954) or for which he has been credited (as determined under section 412 of this title) with $100 or more of self-employment income. Subsec. (d). Pub. L. 95–216, § 352(b), added subsec. (d). 1973—Subsec. (a)(2)(ii), (iii). Pub. L. 93–233 substituted ‘‘$13,200’’ for ‘‘$12,600’’. Pub. L. 93–66 substituted ‘‘$12,600’’ for ‘‘$12,000’’, in cls. (ii) and (iii). 1972—Subsec. (a)(2)(ii). Pub. L. 92–336, § 203(a)(3)(A), inserted provisions for determining a quarter of cov- erage based on amounts earned as wages after 1971 and before 1975, and amounts equal to the contribution and benefit base in the case of any calendar year after 1974 with respect to which such contribution and benefit base is effective. Subsec. (a)(2)(iii). Pub. L. 92–336, § 203(a)(3)(B), in- serted provisions for determining a quarter of coverage based on amounts earned as wages after 1971 and before 1975, and amounts equal to the contribution and benefit base which is effective for the calendar year in the case of any taxable year beginning in any calendar year after 1974. 1971—Subsec. (a)(2)(ii). Pub. L. 92–5, § 203(a)(3)(A), sub- stituted ‘‘after 1967 and before 1972, or $9,000 in the case of a calendar year after 1971’’ for ‘‘after 1967’’. Subsec. (a)(2)(iii). Pub. L. 92–5, § 203(a)(3)(B), sub- stituted ‘‘after 1967 and beginning before 1972, or $9,000 in the case of a taxable year beginning after 1971’’ for ‘‘after 1967’’. 1968—Subsec. (a)(2)(ii). Pub. L. 90–248, § 108(a)(3)(A), inserted ‘‘and before 1968, or $7,800 in the case of a cal- endar year after 1967’’ after ‘‘1965’’. Subsec. (a)(2)(iii). Pub. L. 90–248, § 108(a)(3)(B), in- serted ‘‘and before 1968, or $7,800 in the case of a taxable year ending after 1967’’ after ‘‘1965’’. Subsec. (c). Pub. L. 90–248, § 155(b)(1), added subsec. (c). 1965—Subsec. (a)(2)(ii). Pub. L. 89–97, § 320(a)(3)(A), substituted ‘‘after 1958 and before 1966, or $6,600 in the case of a calendar year after 1965’’ for ‘‘after 1958’’. Subsec. (a)(2)(iii). Pub. L. 89–97, § 320(a)(3)(B), sub- stituted ‘‘after 1958 and before 1966, or $6,600 in the case of a taxable year ending after 1965’’ for ‘‘after 1958’’. 1961—Subsec. (a). Pub. L. 87–64 substituted ‘‘has at- tained age 62’’ for ‘‘has attained retirement age’’, and ‘‘who attained age 62 (if a woman) or age 65 (if a man)’’ for ‘‘who attained retirement age’’. 1960—Subsec. (a)(2). Pub. L. 86–778 required each quar- ter of a calendar year before 1951 to be counted as a quarter of coverage if the individual received wages equal to $3,000 in the calendar year. Pub. L. 86–442 inserted sentence in cl. (B) to permit the quarters of coverage in a calendar year to be deter- mined on the basis of the periods during which wages were earned in the case of individuals who did not die prior to Jan. 1, 1955, and who attained retirement age or died before July 1, 1957, who did not meet the re- quirements for insured status because of having too few quarters of coverage but who would meet the require- ments if the quarters of coverage in the first calendar year in which they had any covered employment had been determined on the basis of the period during which wages were earned rather than on the basis of the period during which wages were paid. 1958—Subsec. (a)(2)(B). Pub. L. 85–840 inserted ‘‘and before 1959, or $4,800 in the case of a calendar year after 1958’’ after ‘‘after 1954’’ in cl. (ii), and ‘‘and before 1959, or $4,800 in the case of a taxable year ending after 1958’’ after ‘‘after 1954’’ in cl. (iii). 1956—Subsec. (a)(2)(B)(iv). Act Aug. 1, 1956, sub- stituted ‘‘if such wages equal or exceed $100 but are less than $200’’ for ‘‘if such wages are less than $200’’. 1954—Subsec. (a)(2)(A). Act Sept. 1, 1954, § 106(a)(1), re- defined ‘‘quarter of coverage,’’ in the case of quarters occurring before 1951, to exclude any quarter any part of which was included in a period of disability, other than the initial quarter of such period, and which pro- vided that any quarter any part of which was included in a period of disability, other than the first quarter of such period, could not be counted as a quarter of cov- erage in a calendar year in which wages of $3,000 or more were paid. Subsec. (a)(2)(B). Act Sept. 1, 1954, § 104(c), provided that for calendar years after 1954 an individual shall be credited with a quarter of coverage for each quarter of the year if his wages for the year equal $4,200 and he shall be credited with a quarter of coverage for each quarter of a taxable year ending after 1954 in which the sum of his wages and self-employment income equal $4,200. Act Sept. 1, 1954, § 108(b), provided for crediting quar- ters of coverage on basis of annual amounts of wages received for agricultural labor. Subsec. (a)(2)(B)(i). Act Sept. 1, 1954, § 106(a)(2), rede- fined ‘‘quarter of coverage’’, for quarters occurring after 1950, to exclude any quarter any part of which was included in a period of disability, other than the first and last quarters of such period. Page 1988 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 413 1952—Subsec. (a)(2)(A). Act July 18, 1952, § 3(a)(1), re- defined ‘‘quarter of coverage’’. Subsec. (a)(2)(B)(i). Act July 18, 1952, § 3(a)(2), inserted ‘‘and no quarter any part of which was included in a pe- riod of disability (other than the initial quarter and the last quarter of such period) shall be a quarter of cov- erage’’. Subsec. (a)(2)(B)(iii). Act July 18, 1952, § 3(a)(3), sub- stituted ‘‘shall (subject to clause (i) of this subpara- graph) be a quarter of coverage’’ for ‘‘shall be a quarter of coverage’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 107(a)(4) of Pub. L. 103–296 ef- fective 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 Pub. L. 101–508, title V, § 5117(c)(3), Nov. 5, 1990, 104 Stat. 1388–278, provided that: ‘‘The amendments made by this subsection [amending this section and provi- sions set out as a note below] shall apply only with re- spect to individuals who— ‘‘(A) make application for benefits under section 202 of the Social Security Act [42 U.S.C. 402] after the 18- month period following the month in which this Act is enacted [November 1990], and ‘‘(B) are not entitled to benefits under section 227 or 228 of such Act [42 U.S.C. 427, 428] for the month in which such application is made.’’ EFFECTIVE DATE OF 1989 AMENDMENT Amendment by section 10208(b)(2)(A), (B) of Pub. L. 101–239 applicable with respect to computation of average total wage amounts (under amended provi- sions) for calendar years after 1990, see section 10208(c) of Pub. L. 101–239, set out as a note under section 430 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 1977 AMENDMENT Amendment by section 351(c) of Pub. L. 95–216 effec- tive Jan. 1, 1978, see section 351(d) of Pub. L. 95–216, set out as a note under section 409 of this title. Pub. L. 95–216, title III, § 352(c), Dec. 20, 1977, 91 Stat. 1552, provided that: ‘‘The amendments made by this section [amending this section] shall be effective Janu- ary 1, 1978.’’ EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93–233 applicable only with re- spect to remuneration paid after, and taxable years be- ginning after, 1973, see section 5(e) of Pub. L. 93–233, set out as a note under section 409 of this title. Amendment by Pub. L. 93–66 applicable only with re- spect to remuneration paid after, and taxable years be- ginning after, 1973, see section 203(e) of Pub. L. 93–66, set out as a note under section 409 of this title. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by section 203(a)(3)(A) of Pub. L. 92–336 applicable only with respect to remuneration paid after December 1972, and amendment by section 203(a)(3)(B) of Pub. L. 92–336 applicable only with respect to taxable years beginning after 1972, see section 203(c) of Pub. L. 92–336, set out as a note under section 409 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by section 203(a)(3)(A) of Pub. L. 92–5 ap- plicable only with respect to remuneration paid after December 1971, and amendment by section 203(a)(3)(B) of Pub. L. 92–5 applicable only with respect to taxable years beginning after 1971, see section 203(c) of Pub. L. 92–5, set out as a note under section 409 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by section 108(a)(3)(A) of Pub. L. 90–248 applicable only with respect to remuneration paid after December 1967, and amendment by section 108(a)(3)(B) applicable only with respect to taxable years ending after 1967, see section 108(c) of Pub. L. 90–248, set out as a note under section 409 of this title. Pub. L. 90–248, title I, § 155(b)(2), Jan. 2, 1968, 81 Stat. 866, as amended by Pub. L. 101–508, title V, § 5117(c)(2), Nov. 5, 1990, 104 Stat. 1388–278, provided that: ‘‘The amendment made by paragraph (1) [amending this sec- tion] shall apply only in the case of an individual who applies for benefits under section 202(a) of the Social Security Act [42 U.S.C. 402(a)] after the date of the en- actment of this Act [Jan. 2, 1968], or who dies without being entitled to benefits under section 202(a) or 223 of the Social Security Act [42 U.S.C. 402(a), 423].’’ EFFECTIVE DATE OF 1965 AMENDMENT Amendment by section 320(a)(3)(A) of Pub. L. 89–97 applicable with respect to remuneration paid after De- cember, 1965, and amendment by section 320(a)(3)(B) of Pub. L. 89–97 applicable with respect to taxable years ending after 1965, see section 320(c) of Pub. L. 89–97, set out as a note under section 3121 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87–64 applicable with respect to monthly benefits for months beginning on or after August 1, 1961 based on applications filed in or after March 1961, and with respect to lump-sum death pay- ments under title II of the Social Security Act (42 U.S.C. 401 et seq.) in the case of deaths on or after Au- gust 1, 1961, see sections 102(f) and 109 of Pub. L. 87–64, set out as notes under section 402 of this title. EFFECTIVE DATE OF 1960 AMENDMENT Pub. L. 86–778, title II, § 206(b), Sept. 13, 1960, 74 Stat. 949, provided that: ‘‘(1) Except as provided in paragraph (2), the amend- ment made by subsection (a) [amending this section] shall apply only in the case of monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.], and the lump-sum death payment under section 202 of such Act [42 U.S.C. 402], based on the wages and self- employment income of an individual— ‘‘(A) who becomes entitled to benefits under section 202(a) or 223 of such Act [42 U.S.C. 402(a), 423] on the basis of an application filed in or after the month in which this Act is enacted [September 1960]; or ‘‘(B) who is (or would, but for the provisions of sec- tion 215(f)(6) of the Social Security Act [42 U.S.C. 415(f)(6)], be) entitled to a recomputation of his pri- mary insurance amount under section 215(f)(2)(A) of such Act on the basis of an application filed in or after the month in which this Act is enacted [Sep- tember 1960]; or ‘‘(C) who dies without becoming entitled to benefits under section 202(a) or 223 of the Social Security Act [42 U.S.C. 402(a), 423], and (unless he dies a currently insured individual but not a fully insured individual (as those terms are defined in section 214 of such Act [42 U.S.C. 414])) without leaving any individual enti- tled (on the basis of his wages and self-employment income) to survivor’s benefits or a lump-sum death payment under section 202 of such Act [42 U.S.C. 402] on the basis of an application filed prior to the month in which this Act is enacted [September 1960]; or ‘‘(D) who dies in or after the month in which this Act is enacted [September 1960] and whose survivors are (or would, but for the provisions of section 215(f)(6) of the Social Security Act [42 U.S.C. 415(f)(6)], be) entitled to a recomputation of his primary insur- ance amount under section 215(f)(4)(A) of such Act; or Page 1989 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 414 ‘‘(E) who dies prior to the month in which this Act is enacted [September 1960] and (i) whose survivors are (or would, but for the provisions of section 215(f)(6) of the Social Security Act, be) entitled to a recomputation of his primary insurance amount under section 215(f)(4)(A) of such Act [42 U.S.C. 415(f)(4)(A)], and (ii) on the basis of whose wages and self-employment income no individual was entitled to survivor’s benefits or a lump-sum death payment under section 202 of such Act [42 U.S.C. 402] on the basis of an application filed prior to the month in which this Act is enacted [September 1960] (and no in- dividual was entitled to such a benefit, without the filing of an application, for any month prior to the month in which this Act is enacted [September 1960]); or ‘‘(F) who files an application for a recomputation under section 102(f)(2)(B) of the Social Security Amendments of 1954 [set out as a note under section 415 of this title] in or after the month in which this Act is enacted [September 1960] and is (or would, but for the fact that such recomputation would not result in a higher primary insurance amount, be) entitled to have his primary insurance amount recomputed under such subparagraph; or ‘‘(G) who dies and whose survivors are (or would, but for the fact that such recomputation would not result in a higher primary insurance amount for such individual, be) entitled, on the basis of an application filed in or after the month in which this Act [Sep- tember 1960] is enacted, to have his primary insur- ance amount recomputed under section 102(f)(2)(B) of the Social Security Amendments of 1954 [set out as a note under section 415 of this title]. ‘‘(2) The amendment made by subsection (a) [amend- ing this section] shall also be applicable in the case of applications for disability determination under section 216(i) of the Social Security Act [42 U.S.C. 416(i)] filed in or after the month in which this Act is enacted [Sep- tember 1960]. ‘‘(3) Notwithstanding any other provisions of this subsection, in the case of any individual who would not be a fully insured individual under section 214(a) of the Social Security Act [42 U.S.C. 414(a)] except for the en- actment of this section, no benefits shall be payable on the basis of his wages and self-employment income for any month prior to the month in which this Act is en- acted [September 1960].’’ Pub. L. 86–442, § 3, Apr. 22, 1960, 74 Stat. 82, provided in part that: ‘‘This amendment [amending this section] shall be applicable in the case of monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after June 1957, and in the case of the lump-sum death payments under such title, with respect to deaths occurring after such month; the re- quirements for filing applications for such benefits and payments within certain time limits, as prescribed in sections 202(i) and 202(j) of such title [42 U.S.C. 402(i), (j)], shall not apply if an application is filed within the one-year period beginning with the first day of the month after the month in which this Act is enacted [April 1960].’’ EFFECTIVE DATE OF 1954 AMENDMENT Act Sept. 1, 1954, ch. 1206, title I, § 106(h), 68 Stat. 1083, provided that: ‘‘Notwithstanding the provisions of sec- tion 215(f)(1) of the Social Security Act [42 U.S.C. 415(f)(1)], the amendments made by subsections (a), (b), (c), (d), (e), and (f) of this section [amending this sec- tion and sections 414 to 417 of this title and section 228e of Title 45, Railroads] shall apply with respect to monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after June 1955, and with respect to lump-sum death payments under such title in the case of deaths occurring after June 1955; but no recomputation of benefits by reason of such amendments shall be regarded as a recomputation for purposes of section 215(f) of the Social Security Act [42 U.S.C. 415(f)].’’ EFFECTIVE AND TERMINATION DATE OF 1952 AMENDMENT Act July 18, 1952, ch. 945, § 3(f), 66 Stat. 773, provided that: ‘‘Notwithstanding the provisions of section 215(f)(1) of the Social Security Act [42 U.S.C. 415(f)(1)], the amendments made by subsections (a), (b), (c), and (d) of this section [amending this section and sections 414 to 416, 420, and 421 of this title] shall apply to monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after June 1953, and to lump-sum death payments under such title in the case of deaths occurring after June 1953; but no re- computation of benefits by reason of such amendments shall be regarded as a recomputation for purposes of section 215(f) of the Social Security Act [42 U.S.C. 415(f)].’’ Act July 18, 1952, ch. 945, § 3(g), 66 Stat. 773, provided that: ‘‘Notwithstanding the preceding provisions of this section and the amendments made thereby [amending this section and sections 414 to 416, 420, and 421 of this title], such provisions and amendments shall cease to be in effect at the close of June 30, 1953, and after such amendments cease to be in effect any provision of law amended thereby shall be in full force and effect as though this Act had not been enacted.’’ § 414. Insured status for purposes of old-age and survivors insurance benefits For the purposes of this subchapter— (a) ‘‘Fully insured individual’’ defined The term ‘‘fully insured individual’’ means any individual who had not less than— (1) one quarter of coverage (whenever ac- quired) for each calendar year elapsing after 1950 (or, if later, the year in which he attained age 21) and before the year in which he died or (if earlier) the year in which he attained age 62, except that in no case shall an individual be a fully insured individual unless he has at least 6 quarters of coverage; or (2) 40 quarters of coverage; or (3) in the case of an individual who died be- fore 1951, 6 quarters of coverage; not counting as an elapsed year for purposes of paragraph (1) any year any part of which was in- cluded in a period of disability (as defined in section 416(i) of this title), and who satisfies the criterion specified in subsection (c). (b) ‘‘Currently insured individual’’ defined The term ‘‘currently insured individual’’ means any individual who had not less than six quarters of coverage during the thirteen-quarter period ending with (1) the quarter in which he died, (2) the quarter in which he became entitled to old-age insurance benefits, (3) the quarter in which he became entitled to primary insurance benefits under this subchapter as in effect prior to August 28, 1950, or (4) in the case of any indi- vidual entitled to disability insurance benefits, the quarter in which he most recently became entitled to disability insurance benefits, not counting as part of such thirteen-quarter period any quarter any part of which was included in a period of disability unless such quarter was a quarter of coverage, and who satisfies the cri- terion specified in subsection (c). (c) Criterion described For purposes of subsections (a) and (b), the cri- terion specified in this subsection is that the in- dividual, if not a United States citizen or na- tional—