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. 115–243 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 Repealed.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