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42 U.S.C. § 1382i — Payments to State for operation of supplementation program

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

42 U.S.C. § 1382i — Payments to State for operation of supplementation program

**(a) Eligibility; agreement with Commissioner** In order for any State which makes supplementary payments of the type described in [section 1382e(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382e/a&num=0&edition=prelim) (including payments pursuant to an agreement entered into under section 212(a) of Public Law 93–66), on or after June 30, 1977, to be eligible for payments pursuant to subchapter XIX with respect to expenditures for any calendar quarter which begins— (1) after June 30, 1977, or, if later, (2) after the calendar quarter in which it first makes such supplementary payments, (3) continue to make such supplementary payments, and (4) maintain such supplementary payments at levels which are not lower than the levels of such payments in effect in December 1976, or, if no such payments were made in that month, the levels for the first subsequent month in which such payments were made. **(b) Levels of supplementary payments** (1) The Commissioner of Social Security shall not find that a State has failed to meet the requirements imposed by paragraph (4) of subsection (a) with respect to the levels of its supplementary payments for a particular month or months if the State’s expenditures for such payments in the twelve-month period (within which such month or months fall) beginning on the effective date of any increase in the level of supplemental security income benefits pursuant to [section 1382f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382f&num=0&edition=prelim) are not less than its expenditures for such payments in the preceding twelve-month period. (2) For purposes of determining under paragraph (1) whether a State’s expenditures for supplementary payme

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Stable record: federal_law:legal_authorities:record_usc_c274c88c92210ca0cd8e4c75
Source file: Laws/federal/codes/united-states-code/title-42/section-1382i-payments-to-state-for-operation-of-supplementation-program--ba5dd96299.md
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Source location: Title 42, Chapter 7, § 1382i; chapter-007-social-security.md

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**(a) Eligibility; agreement with Commissioner** In order for any State which makes supplementary payments of the type described in [section 1382e(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382e/a&num=0&edition=prelim) (including payments pursuant to an agreement entered into under section 212(a) of Public Law 93–66), on or after June 30, 1977, to be eligible for payments pursuant to subchapter XIX with respect to expenditures for any calendar quarter which begins— (1) after June 30, 1977, or, if later, (2) after the calendar quarter in which it first makes such supplementary payments, (3) continue to make such supplementary payments, and (4) maintain such supplementary payments at levels which are not lower than the levels of such payments in effect in December 1976, or, if no such payments were made in that month, the levels for the first subsequent month in which such payments were made. **(b) Levels of supplementary payments** (1) The Commissioner of Social Security shall not find that a State has failed to meet the requirements imposed by paragraph (4) of subsection (a) with respect to the levels of its supplementary payments for a particular month or months if the State’s expenditures for such payments in the twelve-month period (within which such month or months fall) beginning on the effective date of any increase in the level of supplemental security income benefits pursuant to [section 1382f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382f&num=0&edition=prelim) are not less than its expenditures for such payments in the preceding twelve-month period. (2) For purposes of determining under paragraph (1) whether a State’s expenditures for supplementary payments in the 12-month period beginning on the effective date of any increase in the level of supplemental security income benefits are not less than the State’s expenditures for such payments in the preceding 12-month period, the Commissioner of Social Security, in computing the State’s expenditures, shall disregard, pursuant to a 1-time election of the State, all expenditures by the State for retroactive supplementary payments that are required to be made in connection with the retroactive supplemental security income benefits referred to in section 5041 of the Omnibus Budget Reconciliation Act of 1990. **(c) Election to apply subsection (a)(4)** Any State which satisfies the requirements of this section solely by reason of subsection (b) for a particular month or months in any 12-month period (described in such subsection) ending on or after June 30, 1982, may elect, with respect to any month in any subsequent 12-month period (so described), to apply subsection (a)(4) as though the reference to December 1976 in such subsection were a reference to the month of December which occurred in the 12-month period immediately preceding such subsequent period. **(d) Determinations respecting any portion of period July 1, 1980, through June 30, 1981** The Commissioner of Social Security shall not find that a State has failed to meet the requirements imposed by paragraph (4) of subsection (a) with respect to the levels of its supplementary payments for any portion of the period July 1, 1980, through June 30, 1981, if the State’s expenditures for such payments in that twelve-month period were not less than its expenditures for such payments for the period July 1, 1976, through June 30, 1977 (or, if the State made no supplementary payments in the period July 1, 1976, through June 30, 1977, the expenditures for the first twelve-month period extending from July 1 through June 30 in which the State made such payments). **(e) Meeting subsection (a)(4) requirements for any month after March 1983** (1) For any particular month after March 1983, a State which is not treated as meeting the requirements imposed by paragraph (4) of subsection (a) by reason of subsection (b) shall be treated as meeting such requirements if and only if— (A) the combined level of its supplementary payments (to recipients of the type involved) and the amounts payable (to or on behalf of such recipients) under [section 1382(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382/b&num=0&edition=prelim) and section 211(a)(1)(A) of Public Law 93–66, for that particular month, (B) the combined level of its supplementary payments (to recipients of the type involved) and the amounts payable (to or on behalf of such recipients) under [section 1382(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382/b&num=0&edition=prelim) and section 211(a)(1)(A) of Public Law 93–66, for March 1983, increased by the amount of all cost-of-living adjustments under [section 1382f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382f&num=0&edition=prelim) (and any other benefit increases under this subchapter) which have occurred after March 1983 and before that particular month. (2) In determining the amount of any increase in the combined level involved under paragraph (1)(B) of this subsection, any portion of such amount which would otherwise be attributable to the increase under [section 1382f(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382f/c&num=0&edition=prelim) shall be deemed instead to be equal to the amount of the cost-of-living adjustment which would have occurred in July 1983 (without regard to the 3-percent limitation contained in [section 415(i)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/i/1/B&num=0&edition=prelim)) if section 111 of the Social Security Amendments of 1983 had not been enacted. **(f) Passthrough relating to optional State supplementation** The Commissioner of Social Security shall not find that a State has failed to meet the requirements imposed by subsection (a) with respect to the levels of its supplementary payments for the period January 1, 1984, through December 31, 1985, if in the period January 1, 1986, through December 31, 1986, its supplementary payment levels (other than to recipients of benefits determined under [section 1382(e)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382/e/1/B&num=0&edition=prelim)) are not less than those in effect in December 1976, increased by a percentage equal to the percentage by which payments under [section 1382(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382/b&num=0&edition=prelim) and section 211(a)(1)(A) of Public Law 93–66 have been increased as a result of all adjustments under section 1382f(a) and (c) of this title which have occurred after December 1976 and before February 1986. **(g) Mandatory pass-through of increased personal needs allowance** In order for any State which makes supplementary payments of the type described in [section 1382e(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382e/a&num=0&edition=prelim) (including payments pursuant to an agreement entered into under section 212(a) of Public Law 93–66) to recipients of benefits determined under [section 1382(e)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382/e/1/B&num=0&edition=prelim), on or after October 1, 1987, to be eligible for payments pursuant to subchapter XIX with respect to any calendar quarter which begins— (1) after October 1, 1987, or, if later (2) after the calendar quarter in which it first makes such supplementary payments to recipients of benefits so determined, such State must have in effect an agreement with the Commissioner of Social Security whereby the State will— (3) continue to make such supplementary payments to recipients of benefits so determined, and (4) maintain such supplementary payments to recipients of benefits so determined at levels which assure (with respect to any particular month beginning with July 1988) that— (A) the combined level of such supplementary payments and the amounts payable to or on behalf of such recipients under [section 1382(e)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382/e/1/B&num=0&edition=prelim) for that particular month, is not less than— (B) the combined level of such supplementary payments and the amounts payable to or on behalf of such recipients under [section 1382(e)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382/e/1/B&num=0&edition=prelim) for October 1987 (or, if no such supplementary payments were made for that month, the combined level for the first subsequent month for which such payments were made), increased— (i) in a case to which clause (i) of such [section 1382(e)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382/e/1/B&num=0&edition=prelim) applies or (with respect to the individual or spouse who is in the hospital, home, or facility involved) to which clause (ii) of such section applies, by $5, and (ii) in a case to which clause (iii) of such [section 1382(e)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382/e/1/B&num=0&edition=prelim) applies, by $10.

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

42 U.S.C. § 1382e — Definitions

**(a)** (1) For purposes of this subchapter, the term “aged, blind, or disabled individual” means an individual who— (A) is 65 years of age or older, is blind (as determined under paragraph (2)), or is disabled (as determined under paragraph (3)), and (B) (i) is a resident of the United States, and is either (I) a citizen or (II) an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law (including any alien who is lawfully present in the United States as a result of the application of the provisions of [section 1182(d)(5) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/d/5&num=0&edition=prelim)), or (ii) is a child who is a citizen of the United States, and who is living with a parent of the child who is a member of the Armed Forces of the United States assigned to permanent duty ashore outside the United States. (2) An individual shall be considered to be blind for purposes of this subchapter if he has central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered for purposes of the first sentence of this subsection as having a central visual acuity of 20/200 or less. An individual shall also be considered to be blind for purposes of this subchapter if he is blind as defined under a State plan approved under subchapter X or XVI as in effect for October 1972 and received aid under such plan (on the basis of blindness) for December 1973, so long as he is continuously blind as so defined. (3) (A) Except as provided in subparagraph

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

48 U.S.C. § 1801 — Approval of Covenant to Establish a Commonwealth of the Northern Mariana Islands

The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, the text of which is as follows, is hereby approved.

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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. § 1382 — Statement of purpose; authorization of appropriations

For the purpose of establishing a national program to provide supplemental security income to individuals who have attained age 65 or are blind or disabled, there are authorized to be appropriated sums sufficient to carry out this subchapter.

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

38 U.S.C. § 5123 — Rounding down of pension rates

The monthly or other periodic rate of pension payable to an individual under section 1521, 1541, or 1542 of this title or under section 306(a) of the Veterans’ and Survivors’ Pension Improvement Act of 1978 (Public Law 95–588), if not a multiple of $1, shall be rounded down to the nearest dollar.

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

42 U.S.C. § 1382f — Rehabilitation services for blind and disabled individuals

**(a) Referral by Commissioner of eligible individuals to appropriate State agency** In the case of any blind or disabled individual who— (1) has not attained age 16; and (2) with respect to whom benefits are paid under this subchapter, the Commissioner of Social Security shall make provision for referral of such individual to the appropriate State agency administering the State program under subchapter V. **(b) Repealed. Pub. L. 97–35, title XXI, § 2193(c)(8)(B), Aug. 13, 1981, 95 Stat. 828** **(c) Repealed. Pub. L. 106–170, title I, § 101(b)(2)(B), Dec. 17, 1999, 113 Stat. 1874** **(d) Reimbursement by Commissioner to State agency of costs of providing services to referred individuals** The Commissioner of Social Security is authorized to reimburse the State agency administering or supervising the administration of a State plan for vocational rehabilitation services approved under title I of the Rehabilitation Act of 1973 [[29 U.S.C. 720](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section720&num=0&edition=prelim) et seq.] for the costs incurred under such plan in the provision of rehabilitation services to individuals who are referred for such services pursuant to subsection (a), (1) in cases where the furnishing of such services results in the performance by such individuals of substantial gainful activity for a continuous period of nine months, (2) in cases where such individuals receive benefits as a result of [section 1383(a)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1383/a/6&num=0&edition=prelim) (except that no reimbursement under this subsection shall be made for services furnished to any individual receiving such benefits for any period after the close of such individual’s ninth

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

42 U.S.C. § 1382i — Medical and social services for certain

Page 2851 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1382i Subsecs. (c), (d). Pub. L. 101–508, § 5039(a), added sub- sec. (c) and redesignated former subsec. (c) as (d). 1986—Subsec. (a). Pub. L. 99–643, § 4(a), amended sub- sec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘Any individual who is an eligible indi- vidual (or eligible spouse) by reason of being under a disability and was eligible to receive benefits under section 1382(b) of this title or under this section for the month preceding the month for which eligibility for benefits under this section is now being determined, and who would otherwise be denied benefits by reason of section 1382(e)(4) of this title or ceases to be an eligi- ble individual (or eligible spouse) because his earnings have demonstrated a capacity to engage in substantial gainful activity, shall nevertheless qualify for a month- ly benefit equal to an amount determined under section 1382(b)(1) of this title (or, in the case of an individual who has an eligible spouse, under section 1382(b)(2) of this title), and for purposes of subchapter XIX of this chapter shall be considered a disabled individual receiv- ing supplemental security income benefits under this subchapter, for so long as the Secretary determines that— ‘‘(1) such individual continues to have the disabling physical or mental impairment on the basis of which such individual was found to be under a disability, and continues to meet all non-disability-related re- quirements for eligibility for benefits under this sub- chapter; and ‘‘(2) the income of such individual, other than in- come excluded pursuant to section 1382a(b) of this title, is not equal to or in excess of the amount which would cause him to be ineligible for payments under

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