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, § 101(l), 68 Stat. 1060, provided that: ‘‘(1) In the case of any services performed prior to 1955 to which an agreement under section 218 of the So- cial Security Act [42 U.S.C. 418] was made applicable, deductions which— ‘‘(A) were not imposed under section 203 of such Act [section 403 of this title] with respect to such services performed prior to the date the agreement was agreed to or, if the original agreement was not applicable to such services, performed prior to the date the modi- fication making such agreement applicable to such services was agreed to, and ‘‘(B) would have been imposed under such section 203 had such agreement, or modification, as the case may be, been agreed to on the date it became effec- tive, shall be deemed to have been imposed, but only for pur- poses of section 215(f)(2)(A) or section 215(f)(4)(A) of such Act [42 U.S.C. 415(f)(2)(A), (4)(A)] as in effect prior to the enactment of this Act [Sept. 1, 1954]. An indi- vidual with respect to whose services the preceding sen- tence is applicable, or in the case of his death, his sur- vivors entitled to monthly benefits under section 202 of the Social Security Act [42 U.S.C. 402] on the basis of his wages and self-employment income, shall be enti- tled to a recomputation of his primary insurance amount under such section 215(f)(2)(A) or section 215(f)(4)(A), as the case may be, if the conditions speci- fied therein are met and if, with respect to a recompu- tation under such section 215(f)(2)(A), such individual files the application referred to in such section after August 1954 and prior to January 1956 or, with respect to a recomputation under such section 215(f)(4)(A), such individual died prior to January 1956 and any of such survivors entitled to monthly benefits files an applica- tion, in addition to the application filed for such monthly benefits, for a recomputation under such sec- tion 215(f)(4)(A). ‘‘(2) For purposes of a recomputation made by reason of paragraph (1) of this subsection, the primary insur- ance amount of the individual who performed the serv- ices referred to in such paragraph shall be computed under subsection (a)(2) of section 215 of the Social Secu- rity Act, as amended by this Act (but, for such pur- poses, without application of subsection (d)(4) of such section, as in effect prior to the enactment of this Act or as amended by this Act) and as though he became entitled to old-age insurance benefits in whichever of the following months yields the highest primary insur- ance amount: ‘‘(A) the month following the last month for which deductions are deemed, pursuant to paragraph (1) of this subsection, to have been made; or ‘‘(B) the first month after the month determined under subparagraph (A) (and prior to September 1954) in which his benefits under section 202(a) of the So- cial Security Act [42 U.S.C. 402(a)] were no longer subject to deductions under section 203(b) of such Act [42 U.S.C. 403(b)]; or ‘‘(C) the first month after the last month (and prior to September 1954) in which his benefits under section 202(a) of the Social Security Act were subject to de- ductions under section 203(b) of such Act; or ‘‘(D) the month in which such individual filed his application for recomputation referred to in para- graph (1) of this subsection or, if he died without fil- ing such application and prior to January 1, 1956, the month in which he died, and in any such case (but, if the individual is deceased, only if death occurred after August 1954) the amendments made by sub- sections (b)(1), (e)(1) and (e)(3)(B) of section 102 of this Act [amending section 415 of this title] shall be appli- cable. Such recomputation shall be effective for and after the month in which the application required by paragraph (1) of this subsection is filed. The provisions of this sub- section shall not be applicable in the case of any indi- vidual if his primary insurance amount has been re- computed under section 215(f)(2) of the Social Security Act on the basis of an application filed prior to Sep- tember 1954. ‘‘(3) If any recomputation under section 215(f) of the Social Security Act is made by reason of deductions deemed pursuant to paragraph (1) of this subsection to have been imposed with respect to benefits based on the wages and self-employment income of any individual, the total of the benefits based on such wages and self- employment income for months for which such deduc- tions are so deemed to have been imposed shall be re- covered by making, in addition to any other deductions under section 203 of such Act, deductions from any in- crease in benefits, based on such wages and self-em- ployment income, resulting from such recomputation.’’ § 418a. Voluntary agreements for coverage of In- dian 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 pur- pose of extending the insurance system estab- lished 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 serv- ices performed by individuals in their capacity as council members. (2) Notwithstanding section 410(a) of this title, for the purposes of this subchapter, the term ‘‘employment’’ includes any service included under an agreement entered into under this sec- tion. (b) Definitions For the purposes of this section: (1) The term ‘‘member’’ means, with respect to a tribal council, an individual appointed or 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. 115–243 to be construed to affect application of any Fed- eral income tax withholding requirements under Title 26, Internal Revenue Code, see section 2(c) of Pub. L. 115–243, set out as a Construction of 2018 Amendment note under section 3121 of Title 26. § 419. Repealed. Pub. L. 86–778, title I, § 103(j)(1), Sept. 13, 1960, 74 Stat. 937 Section, act Aug. 14, 1935, ch. 531, title II, § 219, as added Aug. 28, 1950, ch. 809, title I, § 107, 64 Stat. 517, prescribed the effective date of this subchapter in Puer- to Rico as January 1 of the first calendar year which begins more than 90 days after the date on which the President received a certification from the Governor of Puerto Rico. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Sept. 13, 1960, see section 103(v)(1), (3) of Pub. L. 86–778, set out as an Effective Date of 1960 Amendment note under section 402 of this title. § 420. Disability provisions inapplicable if benefit rights impaired None of the provisions of this subchapter re- lating 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 pay- able 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. (Aug. 14, 1935, ch. 531, title II, § 220, as added Sept. 1, 1954, ch. 1206, title I, § 106(g), 68 Stat. 1081.) Editorial Notes PRIOR PROVISIONS A prior section 420, act Aug. 14, 1935, ch. 531, title II, § 220, as added July 18, 1952, ch. 945, § 3(e), 66 Stat. 772, relating to inapplicability of disability provisions if benefits were reduced, ceased to be in effect at the close of June 30, 1953. See Effective and Termination Date of 1952 Amendment note set out under section 413 of this title. § 421. Disability determinations (a) State agencies (1) In the case of any individual, the deter- mination of whether or not he is under a dis- ability (as defined in section 416(i) or 423(d) of this title) and of the day such disability began, and the determination of the day on which such disability ceases, shall be made by a State agen- cy, notwithstanding any other provision of law, in any State that notifies the Commissioner of Social Security in writing that it wishes to make such disability determinations com- mencing with such month as the Commissioner of Social Security and the State agree upon, but only if (A) the Commissioner of Social Security has not found, under subsection (b)(1), that the State agency has substantially failed to make disability determinations in accordance with the applicable provisions of this section or rules issued thereunder, and (B) the State has not no- tified the Commissioner of Social Security, under subsection (b)(2), that it does not wish to make such determinations. If the Commissioner of Social Security once makes the finding de- scribed in clause (A) of the preceding sentence, or the State gives the notice referred to in clause (B) of such sentence, the Commissioner of Social Security may thereafter determine whether (and, if so, beginning with which month and under what conditions) the State may again make disability determinations under this para- graph. (2) The disability determinations described in paragraph (1) made by a State agency shall be made in accordance with the pertinent provi- sions of this subchapter and the standards and criteria contained in regulations or other writ- ten guidelines of the Commissioner of Social Se- curity pertaining to matters such as disability determinations, the class or classes of individ- uals with respect to which a State may make disability determinations (if it does not wish to do so with respect to all individuals in the