42 U.S.C. § 414 — Insured status for purposes of old-age and

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— Page 1990 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 414 (1) has been assigned a social security ac- count number that was, at the time of assign- ment, or at any later time, consistent with the requirements of subclause (I) or (III) of section 405(c)(2)(B)(i) of this title; or (2) at the time any such quarters of coverage are earned— (A) is described in subparagraph (B) or (D) of section 1101(a)(15) of title 8, (B) is lawfully admitted temporarily to the United States for business (in the case of an individual described in such subparagraph (B)) or the performance as a crewman (in the case of an individual described in such sub- paragraph (D)), and (C) the business engaged in or service as a crewman performed is within the scope of the terms of such individual’s admission to the United States. (Aug. 14, 1935, ch. 531, title II, § 214, as added Aug. 28, 1950, ch. 809, title I, § 104(a), 64 Stat. 492, 505; amended July 18, 1952, ch. 945, § 3(b), 66 Stat. 770; Sept. 1, 1954, ch. 1206, title I, §§ 106(b), 108(a), 68 Stat. 1079, 1083; Aug. 1, 1956, ch. 836, title I, § 108, 70 Stat. 830; Pub. L. 85–840, title II, § 205(l), Aug. 28, 1958, 72 Stat. 1025; Pub. L. 86–778, title II, § 204(a), Sept. 13, 1960, 74 Stat. 948; Pub. L. 87–64, title I, § 103(a), June 30, 1961, 75 Stat. 137; Pub. L. 92–603, title I, § 104(a), Oct. 30, 1972, 86 Stat. 1340; Pub. L. 108–203, title II, § 211(a), Mar. 2, 2004, 118 Stat. 518.) Editorial Notes CODIFICATION Section 211(a) of Pub. L. 108–203, which directed amendment of section 214, was executed to this section, which is section 214 of the Social Security Act, to re- flect the probable intent of Congress. See 2004 Amend- ment notes below. AMENDMENTS 2004—Subsec. (a). Pub. L. 108–203, § 211(a)(1), inserted ‘‘, and who satisfies the criterion specified in sub- section (c)’’ before period at end. See Codification note above. Subsec. (b). Pub. L. 108–203, § 211(a)(2), inserted ‘‘, and who satisfies the criterion specified in subsection (c)’’ before period at end. See Codification note above. Subsec. (c). Pub. L. 108–203, § 211(a)(3), added subsec. (c). See Codification note above. 1972—Subsec. (a)(1). Pub. L. 92–603 struck out provi- sions setting a separate age computation point for women and reduced from age 65 to age 62 the age com- putation point for men. 1961—Subsec. (a). Pub. L. 87–64 required one quarter of coverage for each calendar year elapsing after 1950 (or after the year in which the individual attained age 21, if that was later than 1950) instead of one quarter of coverage for each three of the quarters elapsing after 1950, and struck out ‘‘unless such quarter was a quarter of coverage’’ after ‘‘a period of disability (as defined in section 416(i) of this title)’’. 1960—Subsec. (a). Pub. L. 86–778 changed provisions which required an individual to have one quarter of coverage for each two quarters to provide that an indi- vidual is fully insured if he has not less than one quar- ter of coverage for each three quarters elapsing after Dec. 31, 1950, or, if later, December 31 of the year in which he attained the age of 21 years, and inserted pro- visions defining fully insured in the case of an indi- vidual who died prior to 1951 as one who had six quar- ters of coverage. 1958—Subsec. (b). Pub. L. 85–840 included within defi- nition of ‘‘currently insured individual’’ an individual entitled to disability insurance benefits who has not less than six quarters of coverage during the thirteen- quarter period ending with the quarter in which he most recently became entitled to disability insurance benefits. 1956—Subsec. (a)(3). Act Aug. 1, 1956, provided that an individual who had at least six quarters of coverage after 1954 would be fully insured if all but four of the quarters elapsing after 1954 and prior to July 1, 1957, or if later, the quarter in which he attained retirement age or died, whichever first occurred, are quarters of coverage. 1954—Subsec. (a)(2)(B). Act Sept. 1, 1954, § 106(b)(1), ex- cluded from the elapsed period under subsec. (a)(2)(A) any quarter any part of which was included in a period of disability, unless such quarter was a quarter of cov- erage. Subsec. (a)(3), (4). Act Sept. 1, 1954, § 108(a), added par. (3) and redesignated former par. (3) as (4). Subsec. (b). Act Sept. 1, 1954, § 106(b)(2), inserted ‘‘, 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 cov- erage.’’ 1952—Subsec. (a)(2)(B). Act July 18, 1952, § 3(b)(1), in- serted ‘‘not counting as an elapsed quarter for purposes of subparagraph (A) any quarter any part of which was included in a period of disability (as defined in section 416(i) of this title unless such quarter was a quarter of coverage’’. Subsec. (b). Act July 18, 1952, § 3(b)(2), inserted ‘‘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 cov- erage’’ after ‘‘August 28, 1950’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–203, title II, § 211(c), Mar. 2, 2004, 118 Stat. 518, provided that: ‘‘The amendments made by this sec- tion [amending this section and section 423 of this title] apply to benefit applications based on social security account numbers issued on or after January 1, 2004.’’ EFFECTIVE DATE OF 1972 AMENDMENT Pub. L. 92–603, title I, § 104(j), Oct. 30, 1972, 86 Stat. 1341, provided that: ‘‘(1) The amendments made by this section [amending this section and sections 415, 416, 423, and 427 of this title and provisions set out as a note under section 415 of this title] (except the amendment made by sub- section (i) [amending section 3121 of Title 26, Internal Revenue Code], and the amendment made by subsection (g) to section 209(i) of the Social Security Act [42 U.S.C. 409(i)]) shall apply only in the case of a man who at- tains (or would attain) age 62 after December 1974. The amendment made by subsection (i), and the amendment made by subsection (g) to section 209(i) of the Social Security Act, shall apply only with respect to pay- ments after 1974. ‘‘(2) In the case of a man who attains age 62 prior to 1975, the number of his elapsed years for purposes of section 215(b)(3) of the Social Security Act [42 U.S.C. 415(b)(3)] shall be equal to (A) the number determined under such section as in effect on September 1, 1972, or (B) if less, the number determined as though he at- tained age 65 in 1975, except that monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months prior to January 1973 payable on the basis of his wages and self-employment income shall be determined as though this section had not been en- acted. ‘‘(3)(A) In the case of a man who attains or will attain age 62 in 1973, the figure ‘65’ in sections 214(a)(1), 223(c)(1)(A), and 216(i)(3)(A) of the Social Security Act [42 U.S.C. 414(a)(1), 423(c)(1)(A), 416(i)(3)(A)] shall be deemed to read ‘64’. ‘‘(B) In the case of a man who attains or will attain age 62 in 1974, the figure ‘65’ in sections 214(a)(1), Page 1991 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 415 223(c)(1)(A), and 216(i)(3)(A) of the Social Security Act shall be deemed to read ‘63’.’’ EFFECTIVE DATE OF 1961 AMENDMENT Pub. L. 87–64, title I, § 103(b), June 30, 1961, 75 Stat. 137, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply— ‘‘(1) in the case of monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months beginning on or after the effective date of this title [see note set out under section 402 of this title], based on applications filed in or after March 1961, ‘‘(2) in the case of lump-sum death payments under such title with respect to deaths on or after the effec- tive date of this title, and ‘‘(3) in the case of an application for a disability de- termination (with respect to a period of disability, as defined in section 216(i) of such Act [42 U.S.C. 416(i)]) filed in or after March 1961.’’ EFFECTIVE DATE OF 1960 AMENDMENT Pub. L. 86–778, title II, § 204(d)(1), Sept. 13, 1960, 74 Stat. 948, provided that: ‘‘The amendments made by subsections (a) and (b) of this section [amending this section and provisions set out as a note under section 415 of this title] shall be applicable (A) in the case of monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.], for months after the month in which this Act is enacted [September 1960], on the basis of applications filed in or after such month, (B) in the case of lump-sum death payments under such title with respect to deaths occurring after such month, and (C) in the case of an application for a disability deter- mination with respect to a period of disability (as de- fined in section 216(i) of the Social Security Act [42 U.S.C. 416(i)]) filed after such month.’’ EFFECTIVE DATE OF 1958 AMENDMENT Amendment by section 205(l) of Pub. L. 85–840 applica- ble with respect to monthly benefits under this sub- chapter for months after August 1958, but only if an ap- plication for such benefits is filed on or after Aug. 28, 1958, see section 207(a) of Pub. L. 85–840, set out as a note under section 416 of this title. EFFECTIVE DATE OF 1954 AMENDMENT Amendment by section 106(b) of act Sept. 1, 1954, ap- plicable with respect to monthly benefits under sub- chapter II of this chapter for months after June 1955, and with respect to lump-sum death payments under such subchapter in the case of deaths occurring after June 1955; but that no recomputation of benefits by reason of such amendments shall be regarded as a re- computation for purposes of section 415(f) of this title, see section 106(h) of act Sept. 1, 1954, set out as a note under section 413 of this title. EFFECTIVE AND TERMINATION DATE OF 1952 AMENDMENT For effective and termination dates of amendment by act July 18, 1952, see section 3(f), (g) of act July 18, 1952, set out as a note under section 413 of this title. EMPLOYEES OF NONPROFIT ORGANIZATIONS AS FULLY INSURED INDIVIDUALS Pub. L. 98–21, title I, § 102(e), Apr. 20, 1983, 97 Stat. 71, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ‘‘(1) If any individual— ‘‘(A) on January 1, 1984, is age 55 or over, and is an employee of an organization described in section 210(a)(8)(B) of the Social Security Act [42 U.S.C. 410(a)(8)(B)] (A) which does not have in effect (on that date) a waiver certificate under section 3121(k) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] [26 U.S.C. 3121(k)] and (B) to the employees of which social security coverage is extended on January 1, 1984, solely by reason of the enactment of this section [amending section 410 of this title and section 3121 of Title 26, Internal Revenue Code, and enacting provi- sions set out as notes under section 3121 of Title 26], and ‘‘(B) after December 31, 1983, acquires the number of quarters of coverage (within the meaning of section 213 of the Social Security Act [42 U.S.C. 413]) which is required for purposes of this subparagraph under paragraph (2), then such individual shall be deemed to be a fully in- sured individual (as defined in section 214 of the Social Security Act [42 U.S.C. 414]) for all of the purposes of title II of such Act [42 U.S.C. 401 et seq.]. ‘‘(2) The number of quarters of coverage which is re- quired for purposes of subparagraph (B) of paragraph (1) shall be determined as follows: ‘‘In the case of an individual who on January 1, 1984, is— The number of quarters of coverage so required shall be— age 60 or over ..................................... 6 age 59 or over but less than age 60 ..... 8 age 58 or over but less than age 59 ..... 12 age 57 or over but less than age 58 ..... 16 age 55 or over but less than age 57 ..... 20.’’ DETERMINATION OF ENTITLEMENT TO MONTHLY BENE- FITS FOR SEPT. 1960 AND PRIOR MONTHS AND INDIVID- UAL’S CLOSING DATE PRIOR TO 1960 Pub. L. 86–778, title II, § 204(d)(2), Sept. 13, 1960, 74 Stat. 948, provided that the provisions of subsec. (a) of this section in effect prior to Sept. 13, 1960, and the pro- visions of section 109 of act Sept. 1, 1954, ch. 1206, 68 Stat. 1084, set out as a note under section 415 of this title, as in effect prior to such date were to apply for purposes of determining entitlement to monthly bene- fits under this subchapter for Sept. 1960 and prior months with respect to wages and self-employment in- come of an individual and for purposes of determining an individual’s closing date prior to 1960 under section 415(b)(3)(B) of this title. § 415. Computation of primary insurance amount For the purposes of this subchapter— (a) Primary insurance amount (1)(A) The primary insurance amount of an in- dividual shall (except as otherwise provided in this section) be equal to the sum of— (i) 90 percent of the individual’s average in- dexed monthly earnings (determined under subsection (b)) to the extent that such earn- ings do not exceed the amount established for purposes of this clause by subparagraph (B), (ii) 32 percent of the individual’s average in- dexed monthly earnings to the extent that such earnings exceed the amount established for purposes of clause (i) but do not exceed the amount established for purposes of this clause by subparagraph (B), and (iii) 15 percent of the individual’s average in- dexed monthly earnings to the extent that such earnings exceed the amount established for purposes of clause (ii), rounded, if not a multiple of $0.10, to the next lower multiple of $0.10, and thereafter increased as provided in subsection (i). (B)(i) For individuals who initially become eli- gible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in the calendar year 1979, the amount established for purposes of clause (i) and (ii) of