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42 U.S.C. § 420 — Disability provisions inapplicable if benefit rights impaired

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42 U.S.C. § 420 — Disability provisions inapplicable if benefit rights impaired

None of the provisions of this subchapter relating to periods of disability shall apply in any case in which their application would result in the denial of monthly benefits or a lump-sum death payment which would otherwise be payable under this subchapter; nor shall they apply in the case of any monthly benefit or lump-sum death payment under this subchapter if such benefit or payment would be greater without their application.

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Stable record: federal_law:legal_authorities:record_usc_24d773db6f1d602228abef65
Source file: Laws/federal/codes/united-states-code/title-42/section-420-disability-provisions-inapplicable-if-benefit-rights-impaired--098e8ec21d.md
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Source location: Title 42, Chapter 7, § 420; chapter-007-social-security.md

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

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

**(a) Definitions** For the purposes of this subchapter— (1) The term “quarter”, and the term “calendar 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 quarter 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section412&num=0&edition=prelim)) with $100 or more of self-employment 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section412&num=0&edition=prelim)) to an individual in a calendar year which equals the amount required for a quarter of coverage in that calendar year (as determined under subsection (d)), with such quarter of coverage being assigned 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section414&num=0&edition=prelim), the requirements for entitlement to a computation or recomputation of his primary insurance amount, or the requirements of paragraph (3) of [section 416(i) of this title](https://uscode.house.gov/view.xhtml?req=

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

42 U.S.C. § 415 — Computation of primary insurance amount

For the purposes of this subchapter— **(a) Primary insurance amount** (1) (A) The primary insurance amount of an individual shall (except as otherwise provided in this section) be equal to the sum of— (i) 90 percent of the individual’s average indexed monthly earnings (determined under subsection (b)) to the extent that such earnings do not exceed the amount established for purposes of this clause by subparagraph (B), (ii) 32 percent of the individual’s average indexed 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 indexed 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 eligible 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 subparagraph (A) shall be $180 and $1,085, respectively. (ii) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in any calendar year after 1979, each of the amounts so established shall equal the product of the corresponding amount established with respect to the calendar year 1979 under clause (i) of this subparagraph and the quotient obtained by dividing— (I) the national average wage index (as defined in [section 409(k)(1) of this title]

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

42 U.S.C. § 420 — Disability provisions inapplicable if benefit

Page 2061 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 421 elected to serve as a member or the head of the tribal council. (2) The term ‘‘tribal council’’ means the ap- pointed or elected governing body of a feder- ally 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 agree- ment, provided that such date may not be ear- lier 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 re- funded) 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 pur- poses 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 ter- minated on or after the effective date of the agreement. (Aug. 14, 1935, ch. 531, title II, § 218A, as added Pub. L. 115–243, § 2(a), Sept. 20, 2018, 132 Stat. 2894.) Editorial Notes REFERENCES IN TEXT The Internal Revenue Code of 1986, referred to in sub- sec. (c)(2), is classified generally to Title 26, Internal Revenue Code. Statutory Notes and Related Subsidiaries CONSTRUCTION Nothing in enactment of this section by Pub. L. 115–2

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