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42 U.S.C. § 427 — Transitional insured status for purposes of old-age and survivors benefits

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

42 U.S.C. § 427 — Transitional insured status for purposes of old-age and survivors benefits

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Stable record: federal_law:legal_authorities:record_usc_68eed070ada9a0e3e808c826
Source file: Laws/federal/codes/united-states-code/title-42/section-427-transitional-insured-status-for-purposes-of-old-age-and-survivors-benefi--a47c0fe96d.md
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Source location: Title 42, Chapter 7, § 427; chapter-007-social-security.md

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**(a) Determination of entitlement to benefits under section 402(a) to (c) of this title** In the case of any individual who attains the age of 72 before 1969 but who does not meet the requirements of [section 414(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section414/a&num=0&edition=prelim), the 6 quarters of coverage referred to in paragraph (1) of [section 414(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section414/a&num=0&edition=prelim) shall, instead, be 3 quarters of coverage for purposes of determining entitlement of such individual to benefits under [section 402(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/a&num=0&edition=prelim), and of the spouse to benefits under section 402(b) or [section 402(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/c&num=0&edition=prelim), but, in the case of such spouse, only if he or she attains the age of 72 before 1969 and only with respect to spouse’s insurance benefits under section 402(b) or [section 402(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/c&num=0&edition=prelim) for and after the month in which he or she attains such age. For each month before the month in which any such individual meets the requirements of [section 414(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section414/a&num=0&edition=prelim), the amount of the old-age insurance benefit shall, notwithstanding the provisions of [section 402(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/a&num=0&edition=prelim), be the larger of $64.40 or the amount most recently established in lieu thereof under [section 415(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/i&num=0&edition=prelim) and the amount of the spouse’s insurance benefit of the spouse shall, notwithstanding the provisions of section 402(b) or [section 402(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/c&num=0&edition=prelim), be the larger of $32.20 or the amount most recently established in lieu thereof under [section 415(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/i&num=0&edition=prelim). **(b) Determination of entitlement to surviving spouse’s benefits under section 402(e) or (f) of this title** In the case of any individual who has died, who does not meet the requirements of [section 414(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section414/a&num=0&edition=prelim), and whose surviving spouse attains age 72 before 1969, the 6 quarters of coverage referred to in paragraph (3) of [section 414(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section414/a&num=0&edition=prelim) and in paragraph (1) thereof shall, for purposes of determining the entitlement to surviving spouse’s insurance benefits under section 402(e) or [section 402(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/f&num=0&edition=prelim), instead be— (1) 3 quarters of coverage if such surviving spouse attains the age of 72 in or before 1966, (2) 4 quarters of coverage if such surviving spouse attains the age of 72 in 1967, or (3) 5 quarters of coverage if such surviving spouse attains the age of 72 in 1968. The amount of the surviving spouse’s insurance benefit for each month shall, notwithstanding the provisions of section 402(e) or [section 402(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/f&num=0&edition=prelim) (and section 402(m) 11 See References in Text note below. of this title), be the larger of $64.40 or the amount most recently established in lieu thereof under [section 415(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/i&num=0&edition=prelim). **(c) Deceased individual entitled to benefits by reason of subsection (a) deemed to meet requirements of subsection (b)** In the case of any individual who becomes, or upon filing application therefor would become, entitled to benefits under [section 402(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/a&num=0&edition=prelim) by reason of the application of subsection (a) of this section, who dies, and whose surviving spouse attains the age of 72 before 1969, such deceased individual shall be deemed to meet the requirements of subsection (b) of this section for purposes of determining entitlement of such surviving spouse to surviving spouse’s insurance benefits under section 402(e) or [section 402(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/f&num=0&edition=prelim).

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

42 U.S.C. § 428 — Benefits at age 72 for certain uninsured individuals

**(a) Eligibility** Every individual who— (1) has attained the age of 72, (2) (A) attained such age before 1968, or (B)(i) attained such age after 1967 and before 1972, and (ii) has not less than 3 quarters of coverage, whenever acquired, for each calendar year elapsing after 1966 and before the year in which he or she attained such age, (3) is a resident of the United States (as defined in subsection (e)), and is (A) a citizen of the United States or (B) an alien lawfully admitted for permanent residence who has resided in the United States (as defined in [section 410(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section410/i&num=0&edition=prelim)) continuously during the 5 years immediately preceding the month in which he or she files application under this section, and (4) has filed application for benefits under this section, shall (subject to the limitations in this section) be entitled to a benefit under this section for each month beginning with the first month after September 1966 in which he or she becomes so entitled to such benefits and ending with the month preceding the month in which he or she dies. No application under this section which is filed by an individual more than 3 months before the first month in which he or she meets the requirements of paragraphs (1), (2), and (3) shall be accepted as an application for purposes of this section. **(b) Amount of benefits** The benefit amount to which an individual is entitled under this section for any month shall be the larger of $64.40 or the amount most recently established in lieu thereof under [section 415(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/i&num=0&edition=prelim). **(c) Reduction for governmen

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

42 U.S.C. § 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 acquired) 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 before 1951, 6 quarters of coverage; not counting as an elapsed year for purposes of paragraph (1) any year any part of which was included in a period of disability (as defined in [section 416(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416/i&num=0&edition=prelim)), 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 individual 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 criterion specified

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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. § 402 — Old-age and survivors insurance benefit payments

**(a) Old-age insurance benefits** Every individual who— (1) is a fully insured individual (as defined in [section 414(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section414/a&num=0&edition=prelim)), (2) has attained age 62, and (3) has filed application for old-age insurance benefits or was entitled to disability insurance benefits for the month preceding the month in which he attained retirement age (as defined in section 416(l) of this title), shall be entitled to an old-age insurance benefit for each month, beginning with— (A) in the case of an individual who has attained retirement age (as defined in section 416(l) of this title), the first month in which such individual meets the criteria specified in paragraphs (1), (2), and (3), or (B) in the case of an individual who has attained age 62, but has not attained retirement age (as defined in section 416(l) of this title), the first month throughout which such individual meets the criteria specified in paragraphs (1) and (2) (if in that month he meets the criterion specified in paragraph (3)), and ending with the month preceding the month in which he dies. Except as provided in subsection (q) and subsection (w), such individual’s old-age insurance benefit for any month shall be equal to his primary insurance amount (as defined in [section 415(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/a&num=0&edition=prelim)) for such month. **(b) Wife’s insurance benefits** (1) The wife (as defined in [section 416(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416/b&num=0&edition=prelim)) and every divorced wife (as defined in [section 416(d) of this title](https://uscode.house.gov/

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

42 U.S.C. § 401 — Trust Funds

**(a) Federal Old-Age and Survivors Insurance Trust Fund** There is hereby created on the books of the Treasury of the United States a trust fund to be known as the “Federal Old-Age and Survivors Insurance Trust Fund”. The Federal Old-Age and Survivors Insurance Trust Fund shall consist of the securities held by the Secretary of the Treasury for the Old-Age Reserve Account and the amount standing to the credit of the Old-Age Reserve Account on the books of the Treasury on January 1, 1940, which securities and amount the Secretary of the Treasury is authorized and directed to transfer to the Federal Old-Age and Survivors Insurance Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, the Federal Old-Age and Survivors Insurance Trust Fund as hereinafter provided. There is hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund for the fiscal year ending June 30, 1941, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of— (1) the taxes (including interest, penalties, and additions to the taxes) received under subchapter A of chapter 9 of the Internal Revenue Code of 1939 (and covered into the Treasury) which are deposited into the Treasury by collectors of internal revenue before January 1, 1951; and (2) the taxes certified each month by the Commissioner of Internal Revenue as taxes received under subchapter A of chapter 9 of such Code which are deposited into the Treasury by collectors of internal revenue after December 31, 1950, and before January 1, 1953, with respect to assessments of such taxes made before January 1, 1951; and (3) the taxes imposed by

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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. § 427 — Transitional insured status for purposes of

Page 2102 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 427 1 See References in Text note below. 1 See References in Text note below. (a), a member of any organization referred to in section 410(a)(17) 1 of this title, (2) has, prior to the beginning of such first month, been convicted of any offense listed in section 402(u) of this title, or (3)(A) at the beginning of such first month is covered by an enrollment in a health benefits plan under chapter 89 of title 5, (B) was so covered on February 16, 1965, or (C) could have been so covered for such first month if he or some other person had availed himself of opportunities to enroll in a health benefits plan under such chapter and to con- tinue such enrollment (but this subparagraph shall not apply unless he or such other person was a Federal employee at any time after Feb- ruary 15, 1965). Paragraph (3) shall not apply in the case of any individual for the month (or any month there- after) in which coverage under such a health benefits plan ceases (or would have ceased if he had had such coverage) by reason of his or some other person’s separation from Federal service, if he or such other person was not (or would not have been) eligible to continue such coverage after such separation. (c) Authorization of appropriations There are authorized to be appropriated to the Federal Hospital Insurance Trust Fund (estab- lished by section 1395i of this title) from time to time such sums as the Secretary deems nec- essary for any fiscal year, on account of— (1) payments made or to be made during such fiscal year from such Trust Fund under part A of subchapter XVIII of this chapter with respect to individuals who are entitled to hospital insurance benefits under section 426 of this title solely by reaso

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