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42 U.S.C. § 418a — Voluntary agreements for coverage of Indian tribal council members

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 418a — Voluntary agreements for coverage of Indian tribal council members

**(a) Purpose of agreement** (1) The Commissioner of Social Security shall, at the request of any Indian tribe, enter into an agreement with such Indian tribe for the purpose of extending the insurance system established by this subchapter to services performed by individuals as members of such Indian tribe’s tribal council. Any agreement with an Indian tribe under this section applies to all members of the tribal council, and shall include all services performed by individuals in their capacity as council members. (2) Notwithstanding [section 410(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section410/a&num=0&edition=prelim), for the purposes of this subchapter, the term “employment” includes any service included under an agreement entered into under this section. **(b) Definitions** For the purposes of this section: (1) The term “member” means, with respect to a tribal council, an individual appointed or elected to serve as a member or the head of the tribal council. (2) The term “tribal council” means the appointed or elected governing body of a federally recognized Indian tribe. **(c) Effective date of agreement** (1) Any agreement under this section shall be effective with respect to services performed after an effective date specified in such agreement, provided that such date may not be earlier than the first day of the next calendar month after the month in which the agreement is executed by both parties. (2) At the request of the Indian tribe at the time of the agreement, such agreement may apply with respect to services performed before such effective date for which there were timely paid in good faith (and not subsequently refunded) to the Secretary of the Treasury amounts equivalent to the sum of the taxes wh

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Stable record: federal_law:legal_authorities:record_usc_16198a086e1d6469efc2a839
Source file: Laws/federal/codes/united-states-code/title-42/section-418a-voluntary-agreements-for-coverage-of-indian-tribal-council-members--2c8f4b993f.md
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Source location: Title 42, Chapter 7, § 418a; chapter-007-social-security.md

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**(a) Purpose of agreement** (1) The Commissioner of Social Security shall, at the request of any Indian tribe, enter into an agreement with such Indian tribe for the purpose of extending the insurance system established by this subchapter to services performed by individuals as members of such Indian tribe’s tribal council. Any agreement with an Indian tribe under this section applies to all members of the tribal council, and shall include all services performed by individuals in their capacity as council members. (2) Notwithstanding [section 410(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section410/a&num=0&edition=prelim), for the purposes of this subchapter, the term “employment” includes any service included under an agreement entered into under this section. **(b) Definitions** For the purposes of this section: (1) The term “member” means, with respect to a tribal council, an individual appointed or elected to serve as a member or the head of the tribal council. (2) The term “tribal council” means the appointed or elected governing body of a federally recognized Indian tribe. **(c) Effective date of agreement** (1) Any agreement under this section shall be effective with respect to services performed after an effective date specified in such agreement, provided that such date may not be earlier than the first day of the next calendar month after the month in which the agreement is executed by both parties. (2) At the request of the Indian tribe at the time of the agreement, such agreement may apply with respect to services performed before such effective date for which there were timely paid in good faith (and not subsequently refunded) to the Secretary of the Treasury amounts equivalent to the sum of the taxes which would have been imposed by sections 3101 and 3111 of the Internal Revenue Code of 1986 had such services constituted employment for purposes of chapter 21 of such Code. No agreement under this section may require payment to be made after the effective date specified in such agreement of any taxes with respect to services performed before such effective date. **(d) Duration of agreement** No agreement under this section may be terminated on or after the effective date of the agreement.

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 3121 — Definitions

**(a) Wages** For purposes of this chapter, the term “wages” means all remuneration for employment, including the cash value of all remuneration (including benefits) paid in any medium other than cash; except that such term shall not include— (1) in the case of the taxes imposed by sections 3101(a) and 3111(a) that part of the remuneration which, after remuneration (other than remuneration referred to in the succeeding paragraphs of this subsection) equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) with respect to employment has been paid to an individual by an employer during the calendar year with respect to which such contribution and benefit base is effective, is paid to such individual by such employer during such calendar year. If an employer (hereinafter referred to as successor employer) during any calendar year acquires substantially all the property used in a trade or business of another employer (hereinafter referred to as a predecessor), or used in a separate unit of a trade or business of a predecessor, and immediately after the acquisition employs in his trade or business an individual who immediately prior to the acquisition was employed in the trade or business of such predecessor, then, for the purpose of determining whether the successor employer has paid remuneration (other than remuneration referred to in the succeeding paragraphs of this subsection) with respect to employment equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) to such individual during such calendar year, any remuneration (other than remuneration referred to in the succeeding paragraphs of this subsection) with respect to employment paid (or considered under this paragraph as h

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1305 — Short title of chapter

This chapter may be cited as the “Social Security Act”.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 410 — Definitions relating to employment

For the purposes of this subchapter— **(a) Employment** The term “employment” means any service performed after 1936 and prior to 1951 which was employment for the purposes of this subchapter under the law applicable to the period in which such service was performed, and any service, of whatever nature, performed after 1950 (A) by an employee for the person employing him, irrespective of the citizenship or residence of either, (i) within the United States, or (ii) on or in connection with an American vessel or American aircraft under a contract of service which is entered into within the United States or during the performance of which and while the employee is employed on the vessel or aircraft it touches at a port in the United States, if the employee is employed on and in connection with such vessel or aircraft when outside the United States, or (B) outside the United States by a citizen or resident of the United States as an employee (i) of an American employer (as defined in subsection (e) of this section), or (ii) of a foreign affiliate (as defined in section 3121(l)(6) of the Internal Revenue Code of 1986) of an American employer during any period for which there is in effect an agreement, entered into pursuant to section 3121(l) of such Code, with respect to such affiliate, or (C) if it is service, regardless of where or by whom performed, which is designated as employment or recognized as equivalent to employment under an agreement entered into under [section 433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section433&num=0&edition=prelim); except that, in the case of service performed after 1950, such term shall not include— (1) Service performed by foreign agricultural workers lawfully admitted to the United States fro

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 418a — Voluntary agreements for coverage of In-

Page 2060 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 418a fective date specified in such agreement or modifica- tion of such agreement with respect to such coverage group and ending with the last day of the year in which this Act is enacted [1962].’’ VALIDATION OF COVERAGE FOR CERTAIN MISSISSIPPI TEACHERS Pub. L. 86–778, title I, § 102(h), Sept. 13, 1960, 74 Stat. 934, provided that: ‘‘For purposes of the agreement under section 218 of the Social Security Act [42 U.S.C. 418] entered into by the State of Mississippi, services of teachers in such State performed after February 28, 1951, and prior to October 1, 1959, shall be deemed to have been performed by such teachers as employees of the State. The term ‘teacher’ as used in the preceding sentence means— ‘‘(1) any individual who is licensed to serve in the capacity of teacher, librarian, registrar, supervisor, principal, or superintendent and who is principally engaged in the public elementary or secondary school system of the State in any one or more of such capac- ities; ‘‘(2) any employee in the office of the county super- intendent of education or the county school super- visor, or in the office of the principal of any county or municipal public elementary or secondary school in the State; and ‘‘(3) any individual licensed to serve in the capacity of teacher who is engaged in any educational capac- ity in any day or night school conducted under the supervision of the State department of education as a part of the adult education program provided for under the laws of Mississippi or under the laws of the United States.’’ PRESUMPTION OF WORK DEDUCTIONS FOR SERVICES PERFORMED PRIOR TO 1955 IN CASE OF CERTAIN RET- ROACTIVE STATE AGREEMENTS; RECOMPUTATION Act Sept. 1, 1954, ch. 1206, title I, §

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