42 U.S.C. § 402 : US Code - Section 402: Old-age and survivors insurance benefit payments

Search 42 U.S.C. § 402 : US Code - Section 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),
(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) of this
section, 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) for such month.
(b) Wife's insurance benefits
(1) The wife (as defined in section 416(b) of this title) and
every divorced wife (as defined in section 416(d) of this title) of
an individual entitled to old-age or disability insurance benefits,
if such wife or such divorced wife -
(A) has filed application for wife's insurance benefits,
(B) has attained age 62 or (in the case of a wife) has in her
care (individually or jointly with such individual) at the time
of filing such application a child entitled to a child's
insurance benefit on the basis of the wages and self-employment
income of such individual,
(C) in the case of a divorced wife, is not married, and
(D) is not entitled to old-age or disability insurance
benefits, or is entitled to old-age or disability insurance
benefits based on a primary insurance amount which is less than
one-half of the primary insurance amount of such individual,
shall (subject to subsection (s) of this section) be entitled to a
wife's insurance benefit for each month, beginning with -
(i) in the case of a wife or divorced wife (as so defined) of
an individual entitled to old-age benefits, if such wife or
divorced wife has attained retirement age (as defined in section
416(l) of this title), the first month in which she meets the
criteria specified in subparagraphs (A), (B), (C), and (D), or
(ii) in the case of a wife or divorced wife (as so defined) of -

(I) an individual entitled to old-age insurance benefits, if
such wife or divorced wife has not attained retirement age (as
defined in section 416(l) of this title), or
(II) an individual entitled to disability insurance benefits,
the first month throughout which she is such a wife or divorced
wife and meets the criteria specified in subparagraphs (B), (C),
and (D) (if in such month she meets the criterion specified in
subparagraph (A)),
whichever is earlier, and ending with the month preceding the month
in which any of the following occurs -
(E) she dies,
(F) such individual dies,
(G) in the case of a wife, they are divorced and either (i) she
has not attained age 62, or (ii) she has attained age 62 but has
not been married to such individual for a period of 10 years
immediately before the date the divorce became effective,
(H) in the case of a divorced wife, she marries a person other
than such individual,
(I) in the case of a wife who has not attained age 62, no child
of such individual is entitled to a child's insurance benefit,
(J) she becomes entitled to an old-age or disability insurance
benefit based on a primary insurance amount which is equal to or
exceeds one-half of the primary insurance amount of such
individual, or
(K) such individual is not entitled to disability insurance
benefits and is not entitled to old-age insurance benefits.
(2) Except as provided in subsections (k)(5) and (q) of this
section, such wife's insurance benefit for each month shall be
equal to one-half of the primary insurance amount of her husband
(or, in the case of a divorced wife, her former husband) for such
month.
(3) In the case of any divorced wife who marries -
(A) an individual entitled to benefits under subsection (c),
(f), (g), or (h) of this section, or
(B) an individual who has attained the age of 18 and is
entitled to benefits under subsection (d) of this section,
such divorced wife's entitlement to benefits under this subsection
shall, notwithstanding the provisions of paragraph (1) (but subject
to subsection (s) of this section), not be terminated by reason of
such marriage.
(4)(A) Notwithstanding the preceding provisions of this
subsection, except as provided in subparagraph (B), the divorced
wife of an individual who is not entitled to old-age or disability
insurance benefits, but who has attained age 62 and is a fully
insured individual (as defined in section 414 of this title), if
such divorced wife -
(i) meets the requirements of subparagraphs (A) through (D) of
paragraph (1), and
(ii) has been divorced from such insured individual for not
less than 2 years,
shall be entitled to a wife's insurance benefit under this
subsection for each month, in such amount, and beginning and ending
with such months, as determined (under regulations of the
Commissioner of Social Security) in the manner otherwise provided
for wife's insurance benefits under this subsection, as if such
insured individual had become entitled to old-age insurance
benefits on the date on which the divorced wife first meets the
criteria for entitlement set forth in clauses (i) and (ii).
(B) A wife's insurance benefit provided under this paragraph
which has not otherwise terminated in accordance with subparagraph
(E), (F), (H), or (J) of paragraph (1) shall terminate with the
month preceding the first month in which the insured individual is
no longer a fully insured individual.
(c) Husband's insurance benefits
(1) The husband (as defined in section 416(f) of this title) and
every divorced husband (as defined in section 416(d) of this title)
of an individual entitled to old-age or disability insurance
benefits, if such husband or such divorced husband -
(A) has filed application for husband's insurance benefits,
(B) has attained age 62 or (in the case of a husband) has in
his care (individually or jointly with such individual) at the
time of filing such application a child entitled to child's
insurance benefits on the basis of the wages and self-employment
income of such individual,
(C) in the case of a divorced husband, is not married, and
(D) is not entitled to old-age or disability insurance
benefits, or is entitled to old-age or disability insurance
benefits based on a primary insurance amount which is less than
one-half of the primary insurance amount of such individual,
shall (subject to subsection(s) of this section) be entitled to a
husband's insurance benefit for each month, beginning with -
(i) in the case of a husband or divorced husband (as so
defined) of an individual who is entitled to an old-age insurance
benefit, if such husband or divorced husband has attained
retirement age (as defined in section 416(l) of this title), the
first month in which he meets the criteria specified in
subparagraphs (A), (B), (C), and (D), or
(ii) in the case of a husband or divorced husband (as so
defined) of -
(I) an individual entitled to old-age insurance benefits, if
such husband or divorced husband has not attained retirement
age (as defined in section 416(l) of this title), or
(II) an individual entitled to disability insurance benefits,
the first month throughout which he is such a husband or divorced
husband and meets the criteria specified in subparagraphs (B),
(C), and (D) (if in such month he meets the criterion specified
in subparagraph (A)),
whichever is earlier, and ending with the month preceding the month
in which any of the following occurs:
(E) he dies,
(F) such individual dies,
(G) in the case of a husband, they are divorced and either (i)
he has not attained age 62, or (ii) he has attained age 62 but
has not been married to such individual for a period of 10 years
immediately before the divorce became effective,
(H) in the case of a divorced husband, he marries a person
other than such individual,
(I) in the case of a husband who has not attained age 62, no
child of such individual is entitled to a child's insurance
benefit,
(J) he becomes entitled to an old-age or disability insurance
benefit based on a primary insurance amount which is equal to or
exceeds one-half of the primary insurance amount of such
individual, or
(K) such individual is not entitled to disability insurance
benefits and is not entitled to old-age insurance benefits.
(2) Except as provided in subsections (k)(5) and (q) of this
section, such husband's insurance benefit for each month shall be
equal to one-half of the primary insurance amount of his wife (or,
in the case of a divorced husband, his former wife) for such month.
(3) In the case of any divorced husband who marries -
(A) an individual entitled to benefits under subsection (b),
(e), (g), or (h) of this section, or
(B) an individual who has attained the age of 18 and is
entitled to benefits under subsection (d) of this section, by
reason of paragraph (1)(B)(ii) thereof,
such divorced husband's entitlement to benefits under this
subsection, notwithstanding the provisions of paragraph (1) (but
subject to subsection (s) of this section), shall not be terminated
by reason of such marriage.
(4)(A) Notwithstanding the preceding provisions of this
subsection, except as provided in subparagraph (B), the divorced
husband of an individual who is not entitled to old-age or
disability insurance benefits, but who has attained age 62 and is a
fully insured individual (as defined in section 414 of this title),
if such divorced husband -
(i) meets the requirements of subparagraphs (A) through (D) of
paragraph (1), and
(ii) has been divorced from such insured individual for not
less than 2 years,
shall be entitled to a husband's insurance benefit under this
subsection for each month, in such amount, and beginning and ending
with such months, as determined (under regulations of the
Commissioner of Social Security) in the manner otherwise provided
for husband's insurance benefits under this subsection, as if such
insured individual had become entitled to old-age insurance
benefits on the date on which the divorced husband first meets the
criteria for entitlement set forth in clauses (i) and (ii).
(B) A husband's insurance benefit provided under this paragraph
which has not otherwise terminated in accordance with subparagraph
(E), (F), (H), or (J) of paragraph (1) shall terminate with the
month preceding the first month in which the insured individual is
no longer a fully insured individual.
(d) Child's insurance benefits
(1) Every child (as defined in section 416(e) of this title) of
an individual entitled to old-age or disability insurance benefits,
or of an individual who dies a fully or currently insured
individual, if such child -
(A) has filed application for child's insurance benefits,
(B) at the time such application was filed was unmarried and
(i) either had not attained the age of 18 or was a full-time
elementary or secondary school student and had not attained the
age of 19, or (ii) is under a disability (as defined in section
423(d) of this title) which began before he attained the age of
22, and
(C) was dependent upon such individual -
(i) if such individual is living, at the time such
application was filed,
(ii) if such individual has died, at the time of such death,
or
(iii) if such individual had a period of disability which
continued until he became entitled to old-age or disability
insurance benefits, or (if he has died) until the month of his
death, at the beginning of such period of disability or at the
time he became entitled to such benefits,
shall be entitled to a child's insurance benefit for each month,
beginning with -
(i) in the case of a child (as so defined) of such an
individual who has died, the first month in which such child
meets the criteria specified in subparagraphs (A), (B), and (C),
or
(ii) in the case of a child (as so defined) of an individual
entitled to an old-age insurance benefit or to a disability
insurance benefit, the first month throughout which such child is
a child (as so defined) and meets the criteria specified in
subparagraphs (B) and (C) (if in such month he meets the
criterion specified in subparagraph (A)),
whichever is earlier, and ending with the month preceding whichever
of the following first occurs -
(D) the month in which such child dies, or marries,
(E) the month in which such child attains the age of 18, but
only if he (i) is not under a disability (as so defined) at the
time he attains such age, and (ii) is not a full-time elementary
or secondary school student during any part of such month,
(F) if such child was not under a disability (as so defined) at
the time he attained the age of 18, the earlier of -
(i) the first month during no part of which he is a full-time
elementary or secondary school student, or
(ii) the month in which he attains the age of 19,
but only if he was not under a disability (as so defined) in such
earlier month;
(G) if such child was under a disability (as so defined) at the
time he attained the age of 18 or if he was not under a
disability (as so defined) at such time but was under a
disability (as so defined) at or prior to the time he attained
(or would attain) the age of 22 -
(i) the termination month, subject to section 423(e) of this
title (and for purposes of this subparagraph, the termination
month for any individual shall be the third month following the
month in which his disability ceases; except that, in the case
of an individual who has a period of trial work which ends as
determined by application of section 422(c)(4)(A) of this
title, the termination month shall be the earlier of (I) the
third month following the earliest month after the end of such
period of trial work with respect to which such individual is
determined to no longer be suffering from a disabling physical
or mental impairment, or (II) the third month following the
earliest month in which such individual engages or is
determined able to engage in substantial gainful activity, but
in no event earlier than the first month occurring after the 36
months following such period of trial work in which he engages
or is determined able to engage in substantial gainful
activity),
or (if later) the earlier of -
(ii) the first month during no part of which he is a full-
time elementary or secondary school student, or
(iii) the month in which he attains the age of 19,
but only if he was not under a disability (as so defined) in such
earlier month; or
(H) if the benefits under this subsection are based on the
wages and self-employment income of a stepparent who is
subsequently divorced from such child's natural parent, the month
after the month in which such divorce becomes final.
Entitlement of any child to benefits under this subsection on the
basis of the wages and self-employment income of an individual
entitled to disability insurance benefits shall also end with the
month before the first month for which such individual is not
entitled to such benefits unless such individual is, for such later
month, entitled to old-age insurance benefits or unless he dies in
such month. No payment under this paragraph may be made to a child
who would not meet the definition of disability in section 423(d)
of this title except for paragraph (1)(B) thereof for any month in
which he engages in substantial gainful activity.
(2) Such child's insurance benefit for each month shall, if the
individual on the basis of whose wages and self-employment income
the child is entitled to such benefit has not died prior to the end
of such month, be equal to one-half of the primary insurance amount
of such individual for such month. Such child's insurance benefit
for each month shall, if such individual has died in or prior to
such month, be equal to three-fourths of the primary insurance
amount of such individual.
(3) A child shall be deemed dependent upon his father or adopting
father or his mother or adopting mother at the time specified in
paragraph (1)(C) of this subsection unless, at such time, such
individual was not living with or contributing to the support of
such child and -
(A) such child is neither the legitimate nor adopted child of
such individual, or
(B) such child has been adopted by some other individual.
For purposes of this paragraph, a child deemed to be a child of a
fully or currently insured individual pursuant to section
416(h)(2)(B) or section 416(h)(3) of this title shall be deemed to
be the legitimate child of such individual.
(4) A child shall be deemed dependent upon his stepfather or
stepmother at the time specified in paragraph (1)(C) of this
subsection if, at such time, the child was receiving at least one-
half of his support from such stepfather or stepmother.
(5) In the case of a child who has attained the age of eighteen
and who marries -
(A) an individual entitled to benefits under subsection (a),
(b), (c), (e), (f), (g), or (h) of this section or under section
423(a) of this title, or
(B) another individual who has attained the age of eighteen and
is entitled to benefits under this subsection,
such child's entitlement to benefits under this subsection shall,
notwithstanding the provisions of paragraph (1) of this subsection
but subject to subsection (s) of this section, not be terminated by
reason of such marriage.
(6) A child whose entitlement to child's insurance benefits on
the basis of the wages and self-employment income of an insured
individual terminated with the month preceding the month in which
such child attained the age of 18, or with a subsequent month, may
again become entitled to such benefits (provided no event specified
in paragraph (1)(D) has occurred) beginning with the first month
thereafter in which he -
(A)(i) is a full-time elementary or secondary school student
and has not attained the age of 19, or (ii) is under a disability
(as defined in section 423(d) of this title) and has not attained
the age of 22, or
(B) is under a disability (as so defined) which began (i)
before the close of the 84th month following the month in which
his most recent entitlement to child's insurance benefits
terminated because he ceased to be under such disability, or (ii)
after the close of the 84th month following the month in which
his most recent entitlement to child's insurance benefits
terminated because he ceased to be under such disability due to
performance of substantial gainful activity,
but only if he has filed application for such reentitlement. Such
reentitlement shall end with the month preceding whichever of the
following first occurs:
(C) the first month in which an event specified in paragraph
(1)(D) occurs;
(D) the earlier of (i) the first month during no part of which
he is a full-time elementary or secondary school student or (ii)
the month in which he attains the age of 19, but only if he is
not under a disability (as so defined) in such earlier month; or
(E) if he was under a disability (as so defined), the
termination month (as defined in paragraph (1)(G)(i)), subject to
section 423(e) of this title, or (if later) the earlier of -
(i) the first month during no part of which he is a full-time
elementary or secondary school student, or
(ii) the month in which he attains the age of 19.
(7) For the purposes of this subsection -
(A) A "full-time elementary or secondary school student" is an
individual who is in full-time attendance as a student at an
elementary or secondary school, as determined by the Commissioner
of Social Security (in accordance with regulations prescribed by
the Commissioner) in the light of the standards and practices of
the schools involved, except that no individual shall be
considered a "full-time elementary or secondary school student"
if he is paid by his employer while attending an elementary or
secondary school at the request, or pursuant to a requirement, of
his employer. An individual shall not be considered a "full-time
elementary or secondary school student" for the purpose of this
section while that individual is confined in a jail, prison, or
other penal institution or correctional facility, pursuant to his
conviction of an offense (committed after the effective date of
this sentence (!1) ) which constituted a felony under applicable
law. An individual who is determined to be a full-time elementary
or secondary school student shall be deemed to be such a student
throughout the month with respect to which such determination is
made.
(B) Except to the extent provided in such regulations, an
individual shall be deemed to be a full-time elementary or
secondary school student during any period of nonattendance at an
elementary or secondary school at which he has been in full-time
attendance if (i) such period is 4 calendar months or less, and
(ii) he shows to the satisfaction of the Commissioner of Social
Security that he intends to continue to be in full-time
attendance at an elementary or secondary school immediately
following such period. An individual who does not meet the
requirement of clause (ii) with respect to such period of
nonattendance shall be deemed to have met such requirement (as of
the beginning of such period) if he is in full-time attendance at
an elementary or secondary school immediately following such
period.
(C)(i) An "elementary or secondary school" is a school which
provides elementary or secondary education, respectively, as
determined under the law of the State or other jurisdiction in
which it is located.
(ii) For the purpose of determining whether a child is a "full-
time elementary or secondary school student" or "intends to
continue to be in full-time attendance at an elementary or
secondary school", within the meaning of this subsection, there
shall be disregarded any education provided, or to be provided,
beyond grade 12.
(D) A child who attains age 19 at a time when he is a full-time
elementary or secondary school student (as defined in
subparagraph (A) of this paragraph and without application of
subparagraph (B) of such paragraph) but has not (at such time)
completed the requirements for, or received, a diploma or
equivalent certificate from a secondary school (as defined in
subparagraph (C)(i)) shall be deemed (for purposes of determining
whether his entitlement to benefits under this subsection has
terminated under paragraph (1)(F) and for purposes of determining
his initial entitlement to such benefits under clause (i) of
paragraph (1)(B)) not to have attained such age until the first
day of the first month following the end of the quarter or
semester in which he is enrolled at such time (or, if the
elementary or secondary school (as defined in this paragraph) in
which he is enrolled is not operated on a quarter or semester
system, until the first day of the first month following the
completion of the course in which he is so enrolled or until the
first day of the third month beginning after such time, whichever
first occurs).
(8) In the case of -
(A) an individual entitled to old-age insurance benefits (other
than an individual referred to in subparagraph (B)), or
(B) an individual entitled to disability insurance benefits, or
an individual entitled to old-age insurance benefits who was
entitled to disability insurance benefits for the month preceding
the first month for which he was entitled to old-age insurance
benefits,
a child of such individual adopted after such individual became
entitled to such old-age or disability insurance benefits shall be
deemed not to meet the requirements of clause (i) or (iii) of
paragraph (1)(C) unless such child -
(C) is the natural child or stepchild of such individual
(including such a child who was legally adopted by such
individual), or
(D)(i) was legally adopted by such individual in an adoption
decreed by a court of competent jurisdiction within the United
States, and
(ii) in the case of a child who attained the age of 18 prior to
the commencement of proceedings for adoption, the child was
living with or receiving at least one-half of the child's support
from such individual for the year immediately preceding the month
in which the adoption is decreed.
(9)(A) A child who is a child of an individual under clause (3)
of the first sentence of section 416(e) of this title and is not a
child of such individual under clause (1) or (2) of such first
sentence shall be deemed not to be dependent on such individual at
the time specified in subparagraph (1)(C) of this subsection unless
(i) such child was living with such individual in the United States
and receiving at least one-half of his support from such individual
(I) for the year immediately before the month in which such
individual became entitled to old-age insurance benefits or
disability insurance benefits or died, or (II) if such individual
had a period of disability which continued until he had become
entitled to old-age insurance benefits, or disability insurance
benefits, or died, for the year immediately before the month in
which such period of disability began, and (ii) the period during
which such child was living with such individual began before the
child attained age 18.
(B) In the case of a child who was born in the one-year period
during which such child must have been living with and receiving at
least one-half of his support from such individual, such child
shall be deemed to meet such requirements for such period if, as of
the close of such period, such child has lived with such individual
in the United States and received at least one-half of his support
from such individual for substantially all of the period which
begins on the date of such child's birth.
(10) For purposes of paragraph (1)(H) -
(A) each stepparent shall notify the Commissioner of Social
Security of any divorce upon such divorce becoming final; and
(B) the Commissioner shall annually notify any stepparent of
the rule for termination described in paragraph (1)(H) and of the
requirement described in subparagraph (A).
(e) Widow's insurance benefits
(1) The widow (as defined in section 416(c) of this title) and
every surviving divorced wife (as defined in section 416(d) of this
title) of an individual who died a fully insured individual, if
such widow or such surviving divorced wife -
(A) is not married,
(B)(i) has attained age 60, or (ii) has attained age 50 but has
not attained age 60 and is under a disability (as defined in
section 423(d) of this title) which began before the end of the
period specified in paragraph (4),
(C)(i) has filed application for widow's insurance benefits,
(ii) was entitled to wife's insurance benefits, on the basis of
the wages and self-employment income of such individual, for the
month preceding the month in which such individual died, and -
(I) has attained retirement age (as defined in section 416(l)
of this title),
(II) is not entitled to benefits under subsection (a) of this
section or section 423 of this title, or
(III) has in effect a certificate (described in paragraph
(8)) filed by her with the Commissioner of Social Security, in
accordance with regulations prescribed by the Commissioner of
Social Security, in which she elects to receive widow's
insurance benefits (subject to reduction as provided in
subsection (q) of this section), or
(iii) was entitled, on the basis of such wages and self-
employment income, to mother's insurance benefits for the month
preceding the month in which she attained retirement age (as
defined in section 416(l) of this title), and
(D) is not entitled to old-age insurance benefits or is
entitled to old-age insurance benefits each of which is less than
the primary insurance amount (as determined after application of
subparagraphs (B) and (C) of paragraph (2)) of such deceased
individual,
shall be entitled to a widow's insurance benefit for each month,
beginning with -
(E) if she satisfies subparagraph (B) by reason of clause (i)
thereof, the first month in which she becomes so entitled to such
insurance benefits, or
(F) if she satisfies subparagraph (B) by reason of clause (ii)
thereof -
(i) the first month after her waiting period (as defined in
paragraph (5)) in which she becomes so entitled to such
insurance benefits, or
(ii) the first month during all of which she is under a
disability and in which she becomes so entitled to such
insurance benefits, but only if she was previously entitled to
insurance benefits under this subsection on the basis of being
under a disability and such first month occurs (I) in the
period specified in paragraph (4) and (II) after the month in
which a previous entitlement to such benefits on such basis
terminated,
and ending with the month preceding the first month in which any of
the following occurs: she remarries, dies, becomes entitled to an
old-age insurance benefit equal to or exceeding the primary
insurance amount (as determined after application of subparagraphs
(B) and (C) of paragraph (2)) of such deceased individual, or, if
she became entitled to such benefits before she attained age 60,
subject to section 423(e) of this title, the termination month
(unless she attains retirement age (as defined in section 416(l) of
this title) on or before the last day of such termination month).
For purposes of the preceding sentence, the termination month for
any individual shall be the third month following the month in
which her disability ceases; except that, in the case of an
individual who has a period of trial work which ends as determined
by application of section 422(c)(4)(A) of this title, the
termination month shall be the earlier of (I) the third month
following the earliest month after the end of such period of trial
work with respect to which such individual is determined to no
longer be suffering from a disabling physical or mental impairment,
or (II) the third month following the earliest month in which such
individual engages or is determined able to engage in substantial
gainful activity, but in no event earlier than the first month
occurring after the 36 months following such period of trial work
in which she engages or is determined able to engage in substantial
gainful activity.
(2)(A) Except as provided in subsection (k)(5) of this section,
subsection (q) of this section, and subparagraph (D) of this
paragraph, such widow's insurance benefit for each month shall be
equal to the primary insurance amount (as determined for purposes
of this subsection after application of subparagraphs (B) and (C))
of such deceased individual.
(B)(i) For purposes of this subsection, in any case in which such
deceased individual dies before attaining age 62 and section
415(a)(1) of this title (as in effect after December 1978) is
applicable in determining such individual's primary insurance
amount -
(I) such primary insurance amount shall be determined under the
formula set forth in section 415(a)(1)(B)(i) and (ii) of this
title which is applicable to individuals who initially become
eligible for old-age insurance benefits in the second year after
the year specified in clause (ii),
(II) the year specified in clause (ii) shall be substituted for
the second calendar year specified in section 415(b)(3)(A)(ii)(I)
of this title, and
(III) such primary insurance amount shall be increased under
section 415(i) of this title as if it were the primary insurance
amount referred to in section 415(i)(2)(A)(ii)(II) of this title,
except that it shall be increased only for years beginning after
the first year after the year specified in clause (ii).
(ii) The year specified in this clause is the earlier of -
(I) the year in which the deceased individual attained age 60,
or would have attained age 60 had he lived to that age, or
(II) the second year preceding the year in which the widow or
surviving divorced wife first meets the requirements of paragraph
(1)(B) or the second year preceding the year in which the
deceased individual died, whichever is later.
(iii) This subparagraph shall apply with respect to any benefit
under this subsection only to the extent its application does not
result in a primary insurance amount for purposes of this
subsection which is less than the primary insurance amount
otherwise determined for such deceased individual under section 415
of this title.
(C) If such deceased individual was (or upon application would
have been) entitled to an old-age insurance benefit which was
increased (or subject to being increased) on account of delayed
retirement under the provisions of subsection (w) of this section,
then, for purposes of this subsection, such individual's primary
insurance amount, if less than the old-age insurance benefit
(increased, where applicable, under section 415(f)(5), 415(f)(6),
or 415(f)(9)(B) of this title and under section 415(i) of this
title as if such individual were still alive in the case of an
individual who has died) which he was receiving (or would upon
application have received) for the month prior to the month in
which he died, shall be deemed to be equal to such old-age
insurance benefit, and (notwithstanding the provisions of paragraph
(3) of such subsection (w) of this section) the number of increment
months shall include any month in the months of the calendar year
in which he died, prior to the month in which he died, which
satisfy the conditions in paragraph (2) of such subsection (w) of
this section.
(D) If the deceased individual (on the basis of whose wages and
self-employment income a widow or surviving divorced wife is
entitled to widow's insurance benefits under this subsection) was,
at any time, entitled to an old-age insurance benefit which was
reduced by reason of the application of subsection (q) of this
section, the widow's insurance benefit of such widow or surviving
divorced wife for any month shall, if the amount of the widow's
insurance benefit of such widow or surviving divorced wife (as
determined under subparagraph (A) and after application of
subsection (q) of this section) is greater than -
(i) the amount of the old-age insurance benefit to which such
deceased individual would have been entitled (after application
of subsection (q) of this section) for such month if such
individual were still living and section 415(f)(5), 415(f)(6), or
415(f)(9)(B) of this title were applied, where applicable, and
(ii) 82 1/2 percent of the primary insurance amount (as
determined without regard to subparagraph (C)) of such deceased
individual,
be reduced to the amount referred to in clause (i), or (if greater)
the amount referred to in clause (ii).
(3) For purposes of paragraph (1), if -
(A) a widow or surviving divorced wife marries after attaining
age 60 (or after attaining age 50 if she was entitled before such
marriage occurred to benefits based on disability under this
subsection), or
(B) a disabled widow or disabled surviving divorced wife
described in paragraph (1)(B)(ii) marries after attaining age 50,
such marriage shall be deemed not to have occurred.
(4) The period referred to in paragraph (1)(B)(ii), in the case
of any widow or surviving divorced wife, is the period beginning
with whichever of the following is the latest:
(A) the month in which occurred the death of the fully insured
individual referred to in paragraph (1) on whose wages and self-
employment income her benefits are or would be based, or
(B) the last month for which she was entitled to mother's
insurance benefits on the basis of the wages and self-employment
income of such individual, or
(C) the month in which a previous entitlement to widow's
insurance benefits on the basis of such wages and self-employment
income terminated because her disability had ceased,
and ending with the month before the month in which she attains age
60, or, if earlier, with the close of the eighty-fourth month
following the month with which such period began.
(5)(A) The waiting period referred to in paragraph (1)(F), in the
case of any widow or surviving divorced wife, is the earliest
period of five consecutive calendar months -
(i) throughout which she has been under a disability, and
(ii) which begins not earlier than with whichever of the
following is the later: (I) the first day of the seventeenth
month before the month in which her application is filed, or (II)
the first day of the fifth month before the month in which the
period specified in paragraph (4) begins.
(B) For purposes of paragraph (1)(F)(i), each month in the period
commencing with the first month for which such widow or surviving
divorced wife is first eligible for supplemental security income
benefits under subchapter XVI of this chapter, or State
supplementary payments of the type referred to in section 1382e(a)
of this title (or payments of the type described in section 212(a)
of Public Law 93-66) which are paid by the Commissioner of Social
Security under an agreement referred to in section 1382e(a) of this
title (or in section 212(b) of Public Law 93-66), shall be included
as one of the months of such waiting period for which the
requirements of subparagraph (A) have been met.
(6) In the case of an individual entitled to monthly insurance
benefits payable under this section for any month prior to January
1973 whose benefits were not redetermined under section 102(g) of
the Social Security Amendments of 1972, such benefits shall not be
redetermined pursuant to such section, but shall be increased
pursuant to any general benefit increase (as defined in section
415(i)(3) of this title) or any increase in benefits made under or
pursuant to section 415(i) of this title, including for this
purpose the increase provided effective for March 1974, as though
such redetermination had been made.
(7) Any certificate filed pursuant to paragraph (1)(C)(ii)(III)
shall be effective for purposes of this subsection -
(A) for the month in which it is filed and for any month
thereafter, and
(B) for months, in the period designated by the individual
filing such certificate, of one or more consecutive months (not
exceeding 12) immediately preceding the month in which such
certificate is filed;
except that such certificate shall not be effective for any month
before the month in which she attains age 62.
(8) An individual shall be deemed to be under a disability for
purposes of paragraph (1)(B)(ii) if such individual is eligible for
supplemental security income benefits under subchapter XVI of this
chapter, or State supplementary payments of the type referred to in
section 1382e(a) of this title (or payments of the type described
in section 212(a) of Public Law 93-66) which are paid by the
Commissioner of Social Security under an agreement referred to in
section 1382e(a) of this title (or in section 212(b) of Public Law
93-66), for the month for which all requirements of paragraph (1)
for entitlement to benefits under this subsection (other than being
under a disability) are met.
(f) Widower's insurance benefits
(1) The widower (as defined in section 416(g) of this title) and
every surviving divorced husband (as defined in section 416(d) of
this title) of an individual who died a fully insured individual,
if such widower or such surviving divorced husband -
(A) is not married,
(B)(i) has attained age 60, or (ii) has attained age 50 but has
not attained age 60 and is under a disability (as defined in
section 423(d) of the title) which began before the end of the
period specified in paragraph (4),
(C)(i) has filed application for widower's insurance benefits,
(ii) was entitled to husband's insurance benefits, on the basis
of the wages and self-employment income of such individual, for
the month preceding the month in which such individual died, and -

(I) has attained retirement age (as defined in section 416(l)
of this title),
(II) is not entitled to benefits under subsection (a) of this
section or section 423 of this title, or
(III) has in effect a certificate (described in paragraph
(8)) filed by him with the Commissioner of Social Security, in
accordance with regulations prescribed by the Commissioner of
Social Security, in which he elects to receive widower's
insurance benefits (subject to reduction as provided in
subsection (q) of this section), or
(iii) was entitled, on the basis of such wages and self-
employment income, to father's insurance benefits for the month
preceding the month in which he attained retirement age (as
defined in section 416(l) of this title), and
(D) is not entitled to old-age insurance benefits, or is
entitled to old-age insurance benefits each of which is less than
the primary insurance amount (as determined after application of
subparagraphs (B) and (C) of paragraph (3)) of such deceased
individual,
shall be entitled to a widower's insurance benefit for each month,
beginning with -
(E) if he satisfies subparagraph (B) by reason of clause (i)
thereof, the first month in which he becomes so entitled to such
insurance benefits, or
(F) if he satisfies subparagraph (B) by reason of clause (ii)
thereof -
(i) the first month after his waiting period (as defined in
paragraph (5)) in which he becomes so entitled to such
insurance benefits, or
(ii) the first month during all of which he is under a
disability and in which he becomes so entitled to such
insurance benefits, but only if he was previously entitled to
insurance benefits under this subsection on the basis of being
under a disability and such first month occurs (I) in the
period specified in paragraph (4) and (II) after the month in
which a previous entitlement to such benefits on such basis
terminated,
and ending with the month preceding the first month in which any of
the following occurs: he remarries, dies, or becomes entitled to an
old-age insurance benefit equal to or exceeding the primary
insurance amount (as determined after application of subparagraphs
(B) and (C) of paragraph (3)) (!1) of such deceased individual, or,
if he became entitled to such benefits before he attained age 60,
subject to section 423(e) of this title, the termination month
(unless he attains retirement age (as defined in section 416(l) of
this title) on or before the last day of such termination month).
For purposes of the preceding sentence, the termination month for
any individual shall be the third month following the month in
which his disability ceases; except that, in the case of an
individual who has a period of trial work which ends as determined
by application of section 422(c)(4)(A) of this title, the
termination month shall be the earlier of (I) the third month
following the earliest month after the end of such period of trial
work with respect to which such individual is determined to no
longer be suffering from a disabling physical or mental impairment,
or (II) the third month following the earliest month in which such
individual engages or is determined able to engage in substantial
gainful activity, but in no event earlier than the first month
occurring after the 36 months following such period of trial work
in which he engages or is determined able to engage in substantial
gainful activity.
(2)(A) Except as provided in subsection (k)(5) of this section,
subsection (q) of this section, and subparagraph (D) of this
paragraph, such widower's insurance benefit for each month shall be
equal to the primary insurance amount (as determined for purposes
of this subsection after application of subparagraphs (B) and (C))
of such deceased individual.
(B)(i) For purposes of this subsection, in any case in which such
deceased individual dies before attaining age 62 and section
415(a)(1) of this title (as in effect after December 1978) is
applicable in determining such individual's primary insurance
amount -
(I) such primary insurance amount shall be determined under the
formula set forth in section 415(a)(1)(B)(i) and (ii) of this
title which is applicable to individuals who initially become
eligible for old-age insurance benefits in the second year after
the year specified in clause (ii),
(II) the year specified in clause (ii) shall be substituted for
the second calendar year specified in section 415(b)(3)(A)(ii)(I)
of this title, and
(III) such primary insurance amount shall be increased under
section 415(i) of this title as if it were the primary insurance
amount referred to in section 415(i)(2)(A)(ii)(II) of this title,
except that it shall be increased only for years beginning after
the first year after the year specified in clause (ii).
(ii) The year specified in this clause is the earlier of -
(I) the year in which the deceased individual attained age 60,
or would have attained age 60 had she lived to that age, or
(II) the second year preceding the year in which the widower or
surviving divorced husband first meets the requirements of
paragraph (1)(B) or the second year preceding the year in which
the deceased individual died, whichever is later.
(iii) This subparagraph shall apply with respect to any benefit
under this subsection only to the extent its application does not
result in a primary insurance amount for purposes of this
subsection which is less than the primary insurance amount
otherwise determined for such deceased individual under section 415
of this title.
(C) If such deceased individual was (or upon application would
have been) entitled to an old-age insurance benefit which was
increased (or subject to being increased) on account of delayed
retirement under the provisions of subsection (w) of this section,
then, for purposes of this subsection, such individual's primary
insurance amount, if less than the old-age insurance benefit
(increased, where applicable, under section 415(f)(5), 415(f)(6),
or 415(f)(9)(B) of this title and under section 415(i) of this
title as if such individual were still alive in the case of an
individual who has died) which she was receiving (or would upon
application have received) for the month prior to the month in
which she died, shall be deemed to be equal to such old-age
insurance benefit, and (notwithstanding the provisions of paragraph
(3) of such subsection (w) of this section) the number of increment
months shall include any month in the months of the calendar year
in which she died, prior to the month in which she died, which
satisfy the conditions in paragraph (2) of such subsection (w) of
this section.
(D) If the deceased individual (on the basis of whose wages and
self-employment income a widower or surviving divorced husband is
entitled to widower's insurance benefits under this subsection)
was, at any time, entitled to an old-age insurance benefit which
was reduced by reason of the application of subsection (q) of this
section, the widower's insurance benefit of such widower or
surviving divorced husband for any month shall, if the amount of
the widower's insurance benefit of such widower or surviving
divorced husband (as determined under subparagraph (A) and after
application of subsection (q) of this section) is greater than -
(i) the amount of the old-age insurance benefit to which such
deceased individual would have been entitled (after application
of subsection (q) of this section) for such month if such
individual were still living and section 415(f)(5), 415(f)(6), or
415(f)(9)(B) of this title were applied, where applicable, and
(ii) 82 1/2 percent of the primary insurance amount (as
determined without regard to subparagraph (C)) of such deceased
individual;
be reduced to the amount referred to in clause (i), or (if greater)
the amount referred to in clause (ii).
(3) For purposes of paragraph (1), if -
(A) a widower or surviving divorced husband marries after
attaining age 60 (or after attaining age 50 if he was entitled
before such marriage occurred to benefits based on disability
under this subsection), or
(B) a disabled widower or surviving divorced husband described
in paragraph (1)(B)(ii) marries after attaining age 50,
such marriage shall be deemed not to have occurred.
(4) The period referred to in paragraph (1)(B)(ii), in the case
of any widower or surviving divorced husband, is the period
beginning with whichever of the following is the latest:
(A) the month in which occurred the death of the fully insured
individual referred to in paragraph (1) on whose wages and self-
employment income his benefits are or would be based,
(B) the last month for which he was entitled to father's
insurance benefits on the basis of the wages and self-employment
income of such individual, or
(C) the month in which a previous entitlement to widower's
insurance benefits on the basis of such wages and self-employment
income terminated because his disability had ceased,
and ending with the month before the month in which he attains age
60, or, if earlier, with the close of the eighty-fourth month
following the month with which such period began.
(5)(A) The waiting period referred to in paragraph (1)(F), in the
case of any widower or surviving divorced husband, is the earliest
period of five consecutive calendar months -
(i) throughout which he has been under a disability, and
(ii) which begins not earlier than with whichever of the
following is the later: (I) the first day of the seventeenth
month before the month in which his application is filed, or (II)
the first day of the fifth month before the month in which the
period specified in paragraph (4) begins.
(B) For purposes of paragraph (1)(F)(i), each month in the period
commencing with the first month for which such widower or surviving
divorced husband is first eligible for supplemental security income
benefits under subchapter XVI of this chapter, or State
supplementary payments of the type referred to in section 1382e(a)
of this title (or payments of the type described in section 212(a)
of Public Law 93-66) which are paid by the Commissioner of Social
Security under an agreement referred to in section 1382e(a) of this
title (or in section 212(b) of Public Law 93-66), shall be included
as one of the months of such waiting period for which the
requirements of subparagraph (A) have been met.
(6) In the case of an individual entitled to monthly insurance
benefits payable under this section for any month prior to January
1973 whose benefits were not redetermined under section 102(g) of
the Social Security Amendments of 1972, such benefits shall not be
redetermined pursuant to such section, but shall be increased
pursuant to any general benefit increase (as defined in section
415(i)(3) of this title) or any increase in benefits made under or
pursuant to section 415(i) of this title, including for this
purpose the increase provided effective for March 1974, as though
such redetermination had been made.
(7) Any certificate filed pursuant to paragraph (1)(C)(ii)(III)
shall be effective for purposes of this subsection -
(A) for the month in which it is filed and for any month
thereafter, and
(B) for months, in the period designated by the individual
filing such certificate, of one or more consecutive months (not
exceeding 12) immediately preceding the month in which such
certificate is filed;
except that such certificate shall not be effective for any month
before the month in which he attains age 62.
(8) An individual shall be deemed to be under a disability for
purposes of paragraph (1)(B)(ii) if such individual is eligible for
supplemental security income benefits under subchapter XVI of this
chapter, or State supplementary payments of the type referred to in
section 1382e(a) of this title (or payments of the type described
in section 212(a) of Public Law 93-66) which are paid by the
Commissioner of Social Security under an agreement referred to in
such section 1382e(a) of this title (or in section 212(b) of Public
Law 93-66), for the month for which all requirements of paragraph
(1) for entitlement to benefits under this subsection (other than
being under a disability) are met.
(g) Mother's and father's insurance benefits
(1) The surviving spouse and every surviving divorced parent (as
defined in section 416(d) of this title) of an individual who died
a fully or currently insured individual, if such surviving spouse
or surviving divorced parent -
(A) is not married,
(B) is not entitled to a surviving spouse's insurance benefit,
(C) is not entitled to old-age insurance benefits, or is
entitled to old-age insurance benefits each of which is less than
three-fourths of the primary insurance amount of such individual,
(D) has filed application for mother's or father's insurance
benefits, or was entitled to a spouse's insurance benefit on the
basis of the wages and self-employment income of such individual
for the month preceding the month in which such individual died,
(E) at the time of filing such application has in his or her
care a child of such individual entitled to a child's insurance
benefit, and
(F) in the case of a surviving divorced parent -
(i) the child referred to in subparagraph (E) is his or her
son, daughter, or legally adopted child, and
(ii) the benefits referred to in such subparagraph are
payable on the basis of such individual's wages and self-
employment income,
shall (subject to subsection (s) of this section) be entitled to a
mother's or father's insurance benefit for each month, beginning
with the first month in which he or she becomes so entitled to such
insurance benefits and ending with the month preceding the first
month in which any of the following occurs: no child of such
deceased individual is entitled to a child's insurance benefit,
such surviving spouse or surviving divorced parent becomes entitled
to an old-age insurance benefit equal to or exceeding three-fourths
of the primary insurance amount of such deceased individual, he or
she becomes entitled to a surviving spouse's insurance benefit, he
or she remarries, or he or she dies. Entitlement to such benefits
shall also end, in the case of a surviving divorced parent, with
the month immediately preceding the first month in which no son,
daughter, or legally adopted child of such surviving divorced
parent is entitled to a child's insurance benefit on the basis of
the wages and self-employment income of such deceased individual.
(2) Such mother's or father's insurance benefit for each month
shall be equal to three-fourths of the primary insurance amount of
such deceased individual.
(3) In the case of a surviving spouse or surviving divorced
parent who marries -
(A) an individual entitled to benefits under this subsection or
subsection (a), (b), (c), (e), (f), or (h) of this section, or
under section 423(a) of this title, or
(B) an individual who has attained the age of eighteen and is
entitled to benefits under subsection (d) of this section,
the entitlement of such surviving spouse or surviving divorced
parent to benefits under this subsection shall, notwithstanding the
provisions of paragraph (1) of this subsection but subject to
subsection (s) of this section, not be terminated by reason of such
marriage.
(h) Parent's insurance benefits
(1) Every parent (as defined in this subsection) of an individual
who died a fully insured individual, if such parent -
(A) has attained age 62,
(B)(i) was receiving at least one-half of his support from such
individual at the time of such individual's death or, if such
individual had a period of disability which did not end prior to
the month in which he died, at the time such period began or at
the time of such death, and (ii) filed proof of such support
within two years after the date of such death, or, if such
individual had such a period of disability, within two years
after the month in which such individual filed application with
respect to such period of disability or two years after the date
of such death, as the case may be,
(C) has not married since such individual's death,
(D) is not entitled to old-age insurance benefits, or is
entitled to old-age insurance benefits each of which is less than
82 1/2 percent of the primary insurance amount of such deceased
individual if the amount of the parent's insurance benefit for
such month is determinable under paragraph (2)(A) (or 75 percent
of such primary insurance amount in any other case), and
(E) has filed application for parent's insurance benefits,
shall be entitled to a parent's insurance benefit for each month
beginning with the first month after August 1950 in which such
parent becomes so entitled to such parent's insurance benefits and
ending with the month preceding the first month in which any of the
following occurs: such parent dies, marries, or becomes entitled to
an old-age insurance benefit equal to or exceeding 82 1/2 percent
of the primary insurance amount of such deceased individual if the
amount of the parent's insurance benefit for such month is
determinable under paragraph (2)(A) (or 75 percent of such primary
insurance amount in any other case).
(2)(A) Except as provided in subparagraphs (B) and (C), such
parent's insurance benefit for each month shall be equal to 82 1/2
percent of the primary insurance amount of such deceased
individual.
(B) For any month for which more than one parent is entitled to
parent's insurance benefits on the basis of such deceased
individual's wages and self-employment income, such benefit for
each such parent for such month shall (except as provided in
subparagraph (C)) be equal to 75 percent of the primary insurance
amount of such deceased individual.
(C) In any case in which -
(i) any parent is entitled to a parent's insurance benefit for
a month on the basis of a deceased individual's wages and self-
employment income, and
(ii) another parent of such deceased individual is entitled to
a parent's insurance benefit for such month on the basis of such
wages and self-employment income, and on the basis of an
application filed after such month and after the month in which
the application for the parent's benefits referred to in clause
(i) was filed,
the amount of the parent's insurance benefit of the parent referred
to in clause (i) for the month referred to in such clause shall be
determined under subparagraph (A) instead of subparagraph (B) and
the amount of the parent's insurance benefit of a parent referred
to in clause (ii) for such month shall be equal to 150 percent of
the primary insurance amount of the deceased individual minus the
amount (before the application of section 403(a) of this title) of
the benefit for such month of the parent referred to in clause (i).
(3) As used in this subsection, the term "parent" means the
mother or father of an individual, a stepparent of an individual by
a marriage contracted before such individual attained the age of
sixteen, or an adopting parent by whom an individual was adopted
before he attained the age of sixteen.
(4) In the case of a parent who marries -
(A) an individual entitled to benefits under this subsection or
subsection (b), (c), (e), (f), or (g) of this section, or
(B) an individual who has attained the age of eighteen and is
entitled to benefits under subsection (d) of this section,
such parent's entitlement to benefits under this subsection shall,
notwithstanding the provisions of paragraph (1) of this subsection
but subject to subsection (s) of this section, not be terminated by
reason of such marriage.
(i) Lump-sum death payments
Upon the death, after August 1950, of an individual who died a
fully or currently insured individual, an amount equal to three
times such individual's primary insurance amount (as determined
without regard to the amendments made by section 2201 of the
Omnibus Budget Reconciliation Act of 1981, relating to the repeal
of the minimum benefit provisions), or an amount equal to $255,
whichever is the smaller, shall be paid in a lump sum to the
person, if any, determined by the Commissioner of Social Security
to be the widow or widower of the deceased and to have been living
in the same household with the deceased at the time of death. If
there is no such person, or if such person dies before receiving
payment, then such amount shall be paid -
(1) to a widow (as defined in section 416(c) of this title) or
widower (as defined in section 416(g) of this title) who is
entitled (or would have been so entitled had a timely application
been filed), on the basis of the wages and self-employment income
of such insured individual, to benefits under subsection (e),
(f), or (g) of this section for the month in which occurred such
individual's death; or
(2) if no person qualifies for payment under paragraph (1), or
if such person dies before receiving payment, in equal shares to
each person who is entitled (or would have been so entitled had a
timely application been filed), on the basis of the wages and
self-employment income of such insured individual, to benefits
under subsection (d) of this section for the month in which
occurred such individual's death.
No payment shall be made to any person under this subsection unless
application therefor shall have been filed, by or on behalf of such
person (whether or not legally competent), prior to the expiration
of two years after the date of death of such insured individual, or
unless such person was entitled to wife's or husband's insurance
benefits, on the basis of the wages and self-employment income of
such insured individual, for the month preceding the month in which
such individual died. In the case of any individual who died
outside the forty-eight States and the District of Columbia after
December 1953 and before January 1, 1957, whose death occurred
while he was in the active military or naval service of the United
States, and who is returned to any of such States, the District of
Columbia, Alaska, Hawaii, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, or American Samoa for interment or
reinterment, the provisions of the preceding sentence shall not
prevent payment to any person under the second sentence of this
subsection if application for a lump-sum death payment with respect
to such deceased individual is filed by or on behalf of such person
(whether or not legally competent) prior to the expiration of two
years after the date of such interment or reinterment. In the case
of any individual who died outside the fifty States and the
District of Columbia after December 1956 while he was performing
service, as a member of a uniformed service, to which the
provisions of section 410(l)(1) of this title are applicable, and
who is returned to any State, or to any Territory or possession of
the United States, for interment or reinterment, the provisions of
the third sentence of this subsection shall not prevent payment to
any person under the second sentence of this subsection if
application for a lump-sum death payment with respect to such
deceased individual is filed by or on behalf of such person
(whether or not legally competent) prior to the expiration of two
years after the date of such interment or reinterment.
(j) Application for monthly insurance benefits
(1) Subject to the limitations contained in paragraph (4), an
individual who would have been entitled to a benefit under
subsection (a), (b), (c), (d), (e), (f), (g), or (h) of this
section for any month after August 1950 had he filed application
therefor prior to the end of such month shall be entitled to such
benefit for such month if he files application therefor prior to -
(A) the end of the twelfth month immediately succeeding such
month in any case where the individual (i) is filing application
for a benefit under subsection (e) or (f) of this section, and
satisfies paragraph (1)(B) of such subsection by reason of clause
(ii) thereof, or (ii) is filing application for a benefit under
subsection (b), (c), or (d) of this section on the basis of the
wages and self-employment income of a person entitled to
disability insurance benefits, or
(B) the end of the sixth month immediately succeeding such
month in any case where subparagraph (A) does not apply.
Any benefit under this subchapter for a month prior to the month in
which application is filed shall be reduced, to any extent that may
be necessary, so that it will not render erroneous any benefit
which, before the filing of such application, the Commissioner of
Social Security has certified for payment for such prior month.
(2) An application for any monthly benefits under this section
filed before the first month in which the applicant satisfies the
requirements for such benefits shall be deemed a valid application
(and shall be deemed to have been filed in such first month) only
if the applicant satisfies the requirements for such benefits
before the Commissioner of Social Security makes a final decision
on the application and no request under section 405(b) of this
title for notice and opportunity for a hearing thereon is made or,
if such a request is made, before a decision based upon the
evidence adduced at the hearing is made (regardless of whether such
decision becomes the final decision of the Commissioner of Social
Security).
(3) Notwithstanding the provisions of paragraph (1), an
individual may, at his option, waive entitlement to any benefit
referred to in paragraph (1) for any one or more consecutive months
(beginning with the earliest month for which such individual would
otherwise be entitled to such benefit) which occur before the month
in which such individual files application for such benefit; and,
in such case, such individual shall not be considered as entitled
to such benefits for any such month or months before such
individual filed such application. An individual shall be deemed to
have waived such entitlement for any such month for which such
benefit would, under the second sentence of paragraph (1), be
reduced to zero.
(4)(A) Except as provided in subparagraph (B), no individual
shall be entitled to a monthly benefit under subsection (a), (b),
(c), (e), or (f) of this section for any month prior to the month
in which he or she files an application for benefits under that
subsection if the amount of the monthly benefit to which such
individual would otherwise be entitled for any such month would be
subject to reduction pursuant to subsection (q) of this section.
(B)(i) If the individual applying for retroactive benefits is a
widow, surviving divorced wife, or widower and is under a
disability (as defined in section 423(d) of this title), and such
individual would, except for subparagraph (A), be entitled to
retroactive benefits as a disabled widow or widower or disabled
surviving divorced wife for any month before attaining the age of
60, then subparagraph (A) shall not apply with respect to such
month or any subsequent month.
(ii) Subparagraph (A) does not apply to a benefit under
subsection (e) or (f) of this section for the month immediately
preceding the month of application, if the insured individual died
in that preceding month.
(iii) As used in this subparagraph, the term "retroactive
benefits" means benefits to which an individual becomes entitled
for a month prior to the month in which application for such
benefits is filed.
(5) In any case in which it is determined to the satisfaction of
the Commissioner of Social Security that an individual failed as of
any date to apply for monthly insurance benefits under this
subchapter by reason of misinformation provided to such individual
by any officer or employee of the Social Security Administration
relating to such individual's eligibility for benefits under this
subchapter, such individual shall be deemed to have applied for
such benefits on the later of -
(A) the date on which such misinformation was provided to such
individual, or
(B) the date on which such individual met all requirements for
entitlement to such benefits (other than application therefor).
(k) Simultaneous entitlement to benefits
(1) A child, entitled to child's insurance benefits on the basis
of the wages and self-employment income of an insured individual,
who would be entitled, on filing application, to child's insurance
benefits on the basis of the wages and self-employment income of
some other insured individual, shall be deemed entitled, subject to
the provisions of paragraph (2) of this subsection, to child's
insurance benefits on the basis of the wages and self-employment
income of such other individual if an application for child's
insurance benefits on the basis of the wages and self-employment
income of such other individual has been filed by any other child
who would, on filing application, be entitled to child's insurance
benefits on the basis of the wages and self-employment income of
both such insured individuals.
(2)(A) Any child who under the preceding provisions of this
section is entitled for any month to child's insurance benefits on
the wages and self-employment income of more than one insured
individual shall, notwithstanding such provisions, be entitled to
only one of such child's insurance benefits for such month. Such
child's insurance benefits for such month shall be the benefit
based on the wages and self-employment income of the insured
individual who has the greatest primary insurance amount, except
that such child's insurance benefits for such month shall be the
largest benefit to which such child could be entitled under
subsection (d) of this section (without the application of section
403(a) of this title) or subsection (m) of this section if
entitlement to such benefit would not, with respect to any person,
result in a benefit lower (after the application of section 403(a)
of this title) than the benefit which would be applicable if such
child were entitled on the wages and self-employment income of the
individual with the greatest primary insurance amount. Where more
than one child is entitled to child's insurance benefits pursuant
to the preceding provisions of this paragraph, each such child who
is entitled on the wages and self-employment income of the same
insured individuals shall be entitled on the wages and self-
employment income of the same such insured individual.
(B) Any individual (other than an individual to whom subsection
(e)(3) or (f)(3) of this section applies) who, under the preceding
provisions of this section and under the provisions of section 423
of this title, is entitled for any month to more than one monthly
insurance benefit (other than an old-age or disability insurance
benefit) under this subchapter shall be entitled to only one such
monthly benefit for such month, such benefit to be the largest of
the monthly benefits to which he (but for this subparagraph) would
otherwise be entitled for such month. Any individual who is
entitled for any month to more than one widow's or widower's
insurance benefit to which subsection (e)(3) or (f)(3) of this
section applies shall be entitled to only one such benefit for such
month, such benefit to be the largest of such benefits.
(3)(A) If an individual is entitled to an old-age or disability
insurance benefit for any month and to any other monthly insurance
benefit for such month, such other insurance benefit for such
month, after any reduction under subsection (q), subsection (e)(2)
or (f)(2) of this section, and any reduction under section 403(a)
of this title, shall be reduced, but not below zero, by an amount
equal to such old-age or disability insurance benefit (after
reduction under such subsection (q) of this section).
(B) If an individual is entitled for any month to a widow's or
widower's insurance benefit to which subsection (e)(3) or (f)(3) of
this section applies and to any other monthly insurance benefit
under this section (other than an old-age insurance benefit), such
other insurance benefit for such month, after any reduction under
subparagraph (A) of this paragraph, any reduction under subsection
(q) of this section, and any reduction under section 403(a) of this
title, shall be reduced, but not below zero, by an amount equal to
such widow's or widower's insurance benefit after any reduction or
reductions under such subparagraph (A) and such section 403(a).
(4) Any individual who, under this section and section 423 of
this title, is entitled for any month to both an old-age insurance
benefit and a disability insurance benefit under this subchapter
shall be entitled to only the larger of such benefits for such
month, except that, if such individual so elects, he shall instead
be entitled to only the smaller of such benefits for such month.
(5)(A) The amount of a monthly insurance benefit of any
individual for each month under subsection (b), (c), (e), (f), or
(g) of this section (as determined after application of the
provisions of subsection (q) of this section and the preceding
provisions of this subsection) shall be reduced (but not below
zero) by an amount equal to two-thirds of the amount of any monthly
periodic benefit payable to such individual for such month which is
based upon such individual's earnings while in the service of the
Federal Government or any State (or political subdivision thereof,
as defined in section 418(b)(2) of this title) if, during any
portion of the last 60 months of such service ending with the last
day such individual was employed by such entity -
(i) such service did not constitute "employment" as defined in
section 410 of this title, or
(ii) such service was being performed while in the service of
the Federal Government, and constituted "employment" as so
defined solely by reason of -
(I) clause (ii) or (iii) of subparagraph (G) of section
410(a)(5) of this title, where the lump-sum payment described
in such clause (ii) or the cessation of coverage described in
such clause (iii) (whichever is applicable) was received or
occurred on or after January 1, 1988, or
(II) an election to become subject to the Federal Employees'
Retirement System provided in chapter 84 of title 5 or the
Foreign Service Pension System provided in subchapter II of
chapter 8 of title I of the Foreign Service Act of 1980 [22
U.S.C. 4071 et seq.] made pursuant to law after December 31,
1987,
unless subparagraph (B) applies.
The amount of the reduction in any benefit under this subparagraph,
if not a multiple of $0.10, shall be rounded to the next higher
multiple of $0.10.
(B)(i) Subparagraph (A)(i) shall not apply with respect to
monthly periodic benefits based wholly on service as a member of a
uniformed service (as defined in section 410(m) of this title).
(ii) Subparagraph (A)(ii) shall not apply with respect to monthly
periodic benefits based in whole or in part on service which
constituted "employment" as defined in section 410 of this title if
such service was performed for at least 60 months in the aggregate
during the period beginning January 1, 1988, and ending with the
close of the first calendar month as of the end of which such
individual is eligible for benefits under this subsection and has
made a valid application for such benefits.
(C) For purposes of this paragraph, any periodic benefit which
otherwise meets the requirements of subparagraph (A), but which is
paid on other than a monthly basis, shall be allocated on a basis
equivalent to a monthly benefit (as determined by the Commissioner
of Social Security) and such equivalent monthly benefit shall
constitute a monthly periodic benefit for purposes of subparagraph
(A). For purposes of this subparagraph, the term "periodic benefit"
includes a benefit payable in a lump sum if it is a commutation of,
or a substitute for, periodic payments.
(l) Entitlement to survivor benefits under railroad retirement
provisions
If any person would be entitled, upon filing application therefor
to an annuity under section 2 of the Railroad Retirement Act of
1974 [45 U.S.C. 231a], or to a lump-sum payment under section 6(b)
of such Act [45 U.S.C. 231e(b)], with respect to the death of an
employee (as defined in such Act) no lump-sum death payment, and no
monthly benefit for the month in which such employee died or for
any month thereafter, shall be paid under this section to any
person on the basis of the wages and self-employment income of such
employee.
(m) Repealed. Pub. L. 97-35, title XXII, Sec. 2201(b)(10), Aug. 13,
1981, 95 Stat. 831
(n) Termination of benefits upon removal of primary beneficiary
(1) If any individual is (after September 1, 1954) removed under
section 1227(a) of title 8 (other than under paragraph (1)(C) of
such section) or under section 1182(a)(6)(A) of title 8, then,
notwithstanding any other provisions of this subchapter -
(A) no monthly benefit under this section or section 423 of
this title shall be paid to such individual, on the basis of his
wages and self-employment income, for any month occurring (i)
after the month in which the Commissioner of Social Security is
notified by the Attorney General or the Secretary of Homeland
Security that such individual has been so removed, and (ii)
before the month in which such individual is thereafter lawfully
admitted to the United States for permanent residence,
(B) if no benefit could be paid to such individual (or if no
benefit could be paid to him if he were alive) for any month by
reason of subparagraph (A), no monthly benefit under this section
shall be paid, on the basis of his wages and self-employment
income, for such month to any other person who is not a citizen
of the United States and is outside the United States for any
part of such month, and
(C) no lump-sum death payment shall be made on the basis of
such individual's wages and self-employment income if he dies (i)
in or after the month in which such notice is received, and (ii)
before the month in which he is thereafter lawfully admitted to
the United States for permanent residence.
Section 403(b), (c), and (d) of this title shall not apply with
respect to any such individual for any month for which no monthly
benefit may be paid to him by reason of this paragraph.
(2) As soon as practicable after the removal of any individual
under any of the paragraphs of section 1227(a) of title 8 (other
than under paragraph (1)(C) of such section) or under section
1182(a)(6)(A) of title 8, the Attorney General or the Secretary of
Homeland Security shall notify the Commissioner of Social Security
of such removal.
(3) For purposes of paragraphs (1) and (2) of this subsection, an
individual against whom a final order of removal has been issued
under paragraph (4)(D) of section 1227(a) of title 8 (relating to
participating in Nazi persecutions or genocide) shall be considered
to have been removed under such paragraph (4)(D) as of the date on
which such order became final.
(o) Application for benefits by survivors of members and former
members of uniformed services
In the case of any individual who would be entitled to benefits
under subsection (d), (e), (g), or (h) of this section upon filing
proper application therefor, the filing with the Administrator of
Veterans' Affairs by or on behalf of such individual of an
application for such benefits, on the form described in section
5105 of title 38, shall satisfy the requirement of such subsection
(d), (e), (g), or (h) that an application for such benefits be
filed.
(p) Extension of period for filing proof of support and
applications for lump-sum death payment
In any case in which there is a failure -
(1) to file proof of support under subparagraph (B) of
subsection (h)(1) of this section, or under clause (B) of
subsection (f)(1) of this section as in effect prior to the
Social Security Act Amendments of 1950, within the period
prescribed by such subparagraph or clause, or
(2) to file, in the case of a death after 1946, application for
a lump-sum death payment under subsection (i) of this section, or
under subsection (g) of this section as in effect prior to the
Social Security Act Amendments of 1950, within the period
prescribed by such subsection,
any such proof or application, as the case may be, which is filed
after the expiration of such period shall be deemed to have been
filed within such period if it is shown to the satisfaction of the
Commissioner of Social Security that there was good cause for
failure to file such proof or application within such period. The
determination of what constitutes good cause for purposes of this
subsection shall be made in accordance with regulations of the
Commissioner of Social Security.
(q) Reduction of benefit amounts for certain beneficiaries
(1) Subject to paragraph (9), if the first month for which an
individual is entitled to an old-age, wife's, husband's, widow's,
or widower's insurance benefit is a month before the month in which
such individual attains retirement age, the amount of such benefit
for such month and for any subsequent month shall, subject to the
succeeding paragraphs of this subsection, be reduced by -
(A) 5/9 of 1 percent of such amount if such benefit is an old-
age insurance benefit, 25/36 of 1 percent of such amount if
such benefit is a wife's or husband's insurance benefit, or
19/40 of 1 percent of such amount if such benefit is a widow's
or widower's insurance benefit, multiplied by
(B)(i) the number of months in the reduction period for such
benefit (determined under paragraph (6)), if such benefit is for
a month before the month in which such individual attains
retirement age, or
(ii) if less, the number of such months in the adjusted
reduction period for such benefit (determined under paragraph
(7)), if such benefit is (I) for the month in which such
individual attains age 62, or (II) for the month in which such
individual attains retirement age.
(2) If an individual is entitled to a disability insurance
benefit for a month after a month for which such individual was
entitled to an old-age insurance benefit, such disability insurance
benefit for each month shall be reduced by the amount such old-age
insurance benefit would be reduced under paragraphs (1) and (4) for
such month had such individual attained retirement age (as defined
in section 416(l) of this title) in the first month for which he
most recently became entitled to a disability insurance benefit.
(3)(A) If the first month for which an individual both is
entitled to a wife's, husband's, widow's, or widower's insurance
benefit and has attained age 62 (in the case of a wife's or
husband's insurance benefit) or age 50 (in the case of a widow's or
widower's insurance benefit) is a month for which such individual
is also entitled to -
(i) an old-age insurance benefit (to which such individual was
first entitled for a month before he attains retirement age (as
defined in section 416(l) of this title)), or
(ii) a disability insurance benefit,
then in lieu of any reduction under paragraph (1) (but subject to
the succeeding paragraphs of this subsection) such wife's,
husband's, widow's, or widower's insurance benefit for each month
shall be reduced as provided in subparagraph (B), (C), or (D).
(B) For any month for which such individual is entitled to an old-
age insurance benefit and is not entitled to a disability
insurance benefit, such individual's wife's or husband's insurance
benefit shall be reduced by the sum of -
(i) the amount by which such old-age insurance benefit is
reduced under paragraph (1) for such month, and
(ii) the amount by which such wife's or husband's insurance
benefit would be reduced under paragraph (1) for such month if it
were equal to the excess of such wife's or husband's insurance
benefit (before reduction under this subsection) over such old-
age insurance benefit (before reduction under this subsection).
(C) For any month for which such individual is entitled to a
disability insurance benefit, such individual's wife's, husband's,
widow's, or widower's insurance benefit shall be reduced by the sum
of -
(i) the amount by which such disability insurance benefit is
reduced under paragraph (2) for such month (if such paragraph
applied to such benefit), and
(ii) the amount by which such wife's, husband's, widow's, or
widower's insurance benefit would be reduced under paragraph (1)
for such month if it were equal to the excess of such wife's,
husband's, widow's, or widower's insurance benefit (before
reduction under this subsection) over such disability insurance
benefit (before reduction under this subsection).
(D) For any month for which such individual is entitled neither
to an old-age insurance benefit nor to a disability insurance
benefit, such individual's wife's, husband's, widow's, or widower's
insurance benefit shall be reduced by the amount by which it would
be reduced under paragraph (1).
(E) Notwithstanding subparagraph (A) of this paragraph, if the
first month for which an individual is entitled to a widow's or
widower's insurance benefit is a month for which such individual is
also entitled to an old-age insurance benefit to which such
individual was first entitled for that month or for a month before
she or he became entitled to a widow's or widower's benefit, the
reduction in such widow's or widower's insurance benefit shall be
determined under paragraph (1).
(4) If -
(A) an individual is or was entitled to a benefit subject to
reduction under paragraph (1) or (3) of this subsection, and
(B) such benefit is increased by reason of an increase in the
primary insurance amount of the individual on whose wages and
self-employment income such benefit is based,
then the amount of the reduction of such benefit (after the
application of any adjustment under paragraph (7)) for each month
beginning with the month of such increase in the primary insurance
amount shall be computed under paragraph (1) or (3), whichever
applies, as though the increased primary insurance amount had been
in effect for and after the month for which the individual first
became entitled to such monthly benefit reduced under such
paragraph (1) or (3).
(5)(A) No wife's or husband's insurance benefit shall be reduced
under this subsection -
(i) for any month before the first month for which there is in
effect a certificate filed by him or her with the Commissioner of
Social Security, in accordance with regulations prescribed by the
Commissioner of Social Security, in which he or she elects to
receive wife's or husband's insurance benefits reduced as
provided in this subsection, or
(ii) for any month in which he or she has in his or her care
(individually or jointly with the person on whose wages and self-
employment income the wife's or husband's insurance benefit is
based) a child of such person entitled to child's insurance
benefits.
(B) Any certificate described in subparagraph (A)(i) shall be
effective for purposes of this subsection (and for purposes of
preventing deductions under section 403(c)(2) of this title) -
(i) for the month in which it is filed and for any month
thereafter, and
(ii) for months, in the period designated by the individual
filing such certificate, of one or more consecutive months (not
exceeding 12) immediately preceding the month in which such
certificate is filed;
except that such certificate shall not be effective for any month
before the month in which he or she attains age 62, nor shall it be
effective for any month to which subparagraph (A)(ii) applies.
(C) If an individual does not have in his or her care a child
described in subparagraph (A)(ii) in the first month for which he
or she is entitled to a wife's or husband's insurance benefit, and
if such first month is a month before the month in which he or she
attains retirement age (as defined in section 416(l) of this
title), he or she shall be deemed to have filed in such first month
the certificate described in subparagraph (A)(i).
(D) No widow's or widower's insurance benefit for a month in
which he or she has in his or her care a child of his or her
deceased spouse (or deceased former spouse) entitled to child's
insurance benefits shall be reduced under this subsection below the
amount to which he or she would have been entitled had he or she
been entitled for such month to mother's or father's insurance
benefits on the basis of his or her deceased spouse's (or deceased
former spouse's) wages and self-employment income.
(6) For purposes of this subsection, the "reduction period" for
an individual's old-age, wife's, husband's, widow's, or widower's
insurance benefit is the period -
(A) beginning -
(i) in the case of an old-age insurance benefit, with the
first day of the first month for which such individual is
entitled to such benefit,
(ii) in the case of a wife's or husband's insurance benefit,
with the first day of the first month for which a certificate
described in paragraph (5)(A)(i) is effective, or
(iii) in the case of a widow's or widower's insurance
benefit, with the first day of the first month for which such
individual is entitled to such benefit or the first day of the
month in which such individual attains age 60, whichever is the
later, and
(B) ending with the last day of the month before the month in
which such individual attains retirement age.
(7) For purposes of this subsection, the "adjusted reduction
period" for an individual's old-age, wife's, husband's, widow's, or
widower's insurance benefit is the reduction period prescribed in
paragraph (6) for such benefit, excluding -
(A) any month in which such benefit was subject to deductions
under section 403(b), 403(c)(1), 403(d)(1), or 422(b) of this
title,
(B) in the case of wife's or husband's insurance benefits, any
month in which such individual had in his or her care
(individually or jointly with the person on whose wages and self-
employment income such benefit is based) a child of such person
entitled to child's insurance benefits,
(C) in the case of wife's or husband's insurance benefits, any
month for which such individual was not entitled to such benefits
because of the occurrence of an event that terminated her or his
entitlement to such benefits,
(D) in the case of widow's or widower's insurance benefits, any
month in which the reduction in the amount of such benefit was
determined under paragraph (5)(D),
(E) in the case of widow's or widower's insurance benefits, any
month before the month in which she or he attained age 62, and
also for any later month before the month in which she or he
attained retirement age, for which she or he was not entitled to
such benefit because of the occurrence of an event that
terminated her or his entitlement to such benefits, and
(F) in the case of old-age insurance benefits, any month for
which such individual was entitled to a disability insurance
benefit.
(8) This subsection shall be applied after reduction under
section 403(a) of this title and before application of section
415(g) of this title. If the amount of any reduction computed under
paragraph (1), (2), or (3) is not a multiple of $0.10, it shall be
increased to the next higher multiple of $0.10.
(9) The amount of the reduction for early retirement specified in
paragraph (1) -
(A) for old-age insurance benefits, wife's insurance benefits,
and husband's insurance benefits, shall be the amount specified
in such paragraph for the first 36 months of the reduction period
(as defined in paragraph (6)) or adjusted reduction period (as
defined in paragraph (7)), and five-twelfths of 1 percent for any
additional months included in such periods; and
(B) for widow's insurance benefits and widower's insurance
benefits, shall be periodically revised by the Commissioner of
Social Security such that -
(i) the amount of the reduction at early retirement age as
defined in section 416(l) of this title shall be 28.5 percent
of the full benefit; and
(ii) the amount of the reduction for each month in the
reduction period (specified in paragraph (6)) or the adjusted
reduction period (specified in paragraph (7)) shall be
established by linear interpolation between 28.5 percent at the
month of attainment of early retirement age and 0 percent at
the month of attainment of retirement age.
(10) For purposes of applying paragraph (4), with respect to
monthly benefits payable for any month after December 1977 to an
individual who was entitled to a monthly benefit as reduced under
paragraph (1) or (3) prior to January 1978, the amount of reduction
in such benefit for the first month for which such benefit is
increased by reason of an increase in the primary insurance amount
of the individual on whose wages and self-employment income such
benefit is based and for all subsequent months (and similarly for
all subsequent increases) shall be increased by a percentage equal
to the percentage increase in such primary insurance amount (such
increase being made in accordance with the provisions of paragraph
(8)). In the case of an individual whose reduced benefit under this
section is increased as a result of the use of an adjusted
reduction period (in accordance with paragraphs (1) and (3) of this
subsection), then for the first month for which such increase is
effective, and for all subsequent months, the amount of such
reduction (after the application of the previous sentence, if
applicable) shall be determined -
(A) in the case of old-age, wife's, and husband's insurance
benefits, by multiplying such amount by the ratio of (i) the
number of months in the adjusted reduction period to (ii) the
number of months in the reduction period,
(B) in the case of widow's and widower's insurance benefits for
the month in which such individual attains age 62, by multiplying
such amount by the ratio of (i) the number of months in the
reduction period beginning with age 62 multiplied by 19/40 of 1
percent, plus the number of months in the adjusted reduction
period prior to age 62 multiplied by 19/40 of 1 percent to (ii)
the number of months in the reduction period multiplied by 19/40
of 1 percent, and
(C) in the case of widow's and widower's insurance benefits for
the month in which such individual attains retirement age (as
defined in section 416(l) of this title), by multiplying such
amount by the ratio of (i) the number of months in the adjusted
reduction period multiplied by 19/40 of 1 percent to (ii) the
number of months in the reduction period beginning with age 62
multiplied by 19/40 of 1 percent, plus the number of months in
the adjusted reduction period prior to age 62 multiplied by
19/40 of 1 percent,
such determination being made in accordance with the provisions of
paragraph (8).
(11) When an individual is entitled to more than one monthly
benefit under this subchapter and one or more of such benefits are
reduced under this subsection, paragraph (10) shall apply
separately to each such benefit reduced under this subsection
before the application of subsection (k) of this section
(pertaining to the method by which monthly benefits are offset when
an individual is entitled to more than one kind of benefit) and the
application of this paragraph shall operate in conjunction with
paragraph (3).
(r) Presumed filing of application by individuals eligible for old-
age insurance benefits and for wife's or husband's insurance
benefits
(1) If the first month for which an individual is entitled to an
old-age insurance benefit is a month before the month in which such
individual attains retirement age (as defined in section 416(l) of
this title), and if such individual is eligible for a wife's or
husband's insurance benefit for such first month, such individual
shall be deemed to have filed an application in such month for
wife's or husband's insurance benefits.
(2) If the first month for which an individual is entitled to a
wife's or husband's insurance benefit reduced under subsection (q)
of this section is a month before the month in which such
individual attains retirement age (as defined in section 416(l) of
this title), and if such individual is eligible (but for subsection
(k)(4) of this section) for an old-age insurance benefit for such
first month, such individual shall be deemed to have filed an
application for old-age insurance benefits -
(A) in such month, or
(B) if such individual is also entitled to a disability
insurance benefit for such month, in the first subsequent month
for which such individual is not entitled to a disability
insurance benefit.
(3) For purposes of this subsection, an individual shall be
deemed eligible for a benefit for a month if, upon filing
application therefor in such month, he would be entitled to such
benefit for such month.
(s) Child over specified age to be disregarded for certain benefit
purposes unless disabled
(1) For the purposes of subsections (b)(1), (c)(1), (g)(1),
(q)(5), and (q)(7) of this section and paragraphs (2), (3), and (4)
of section 403(c) of this title, a child who is entitled to child's
insurance benefits under subsection (d) of this section for any
month, and who has attained the age of 16 but is not in such month
under a disability (as defined in section 423(d) of this title),
shall be deemed not entitled to such benefits for such month,
unless he was under such a disability in the third month before
such month.
(2) So much of subsections (b)(3), (c)(4),(!1) (d)(5), (g)(3),
and (h)(4) of this section as precedes the semicolon, shall not
apply in the case of any child unless such child, at the time of
the marriage referred to therein, was under a disability (as
defined in section 423(d) of this title) or had been under such a
disability in the third month before the month in which such
marriage occurred.
(3) The last sentence of subsection (c) of section 403 of this
title, subsection (f)(1)(C) of section 403 of this title, and
subsections (b)(3)(B), (c)(6)(B),(!1) (f)(3)(B), and (g)(6)(B) (!1)
of section 416 of this title shall not apply in the case of any
child with respect to any month referred to therein unless in such
month or the third month prior thereto such child was under a
disability (as defined in section 423(d) of this title).
(t) Suspension of benefits of aliens who are outside United States;
residency requirements for dependents and survivors
(1) Notwithstanding any other provision of this subchapter, no
monthly benefits shall be paid under this section or under section
423 of this title to any individual who is not a citizen or
national of the United States for any month which is -
(A) after the sixth consecutive calendar month during all of
which the Commissioner of Social Security finds, on the basis of
information furnished to the Commissioner by the Attorney General
or information which otherwise comes to the Commissioner's
attention, that such individual is outside the United States, and
(B) prior to the first month thereafter for all of which such
individual has been in the United States.
For purposes of the preceding sentence, after an individual has
been outside the United States for any period of thirty consecutive
days he shall be treated as remaining outside the United States
until he has been in the United States for a period of thirty
consecutive days.
(2) Subject to paragraph (11), paragraph (1) of this subsection
shall not apply to any individual who is a citizen of a foreign
country which the Commissioner of Social Security finds has in
effect a social insurance or pension system which is of general
application in such country and under which -
(A) periodic benefits, or the actuarial equivalent thereof, are
paid on account of old age, retirement, or death, and
(B) individuals who are citizens of the United States but not
citizens of such foreign country and who qualify for such
benefits are permitted to receive such benefits or the actuarial
equivalent thereof while outside such foreign country without
regard to the duration of the absence.
(3) Paragraph (1) of this subsection shall not apply in any case
where its application would be contrary to any treaty obligation of
the United States in effect on August 1, 1956.
(4) Subject to paragraph (11), paragraph (1) of this subsection
shall not apply to any benefit for any month if -
(A) not less than forty of the quarters elapsing before such
month are quarters of coverage for the individual on whose wages
and self-employment income such benefit is based, or
(B) the individual on whose wages and self-employment income
such benefit is based has, before such month, resided in the
United States for a period or periods aggregating ten years or
more, or
(C) the individual entitled to such benefit is outside the
United States while in the active military or naval service of
the United States, or
(D) the individual on whose wages and self-employment income
such benefit is based died, before such month, either (i) while
on active duty or inactive duty training (as those terms are
defined in section 410(l) (2) and (3) of this title) as a member
of a uniformed service (as defined in section 410(m) of this
title), or (ii) as the result of a disease or injury which the
Secretary of Veterans Affairs determines was incurred or
aggravated in line of duty while on active duty (as defined in
section 410(l)(2) of this title), or an injury which he
determines was incurred or aggravated in line of duty while on
inactive duty training (as defined in section 410(l)(3) of this
title), as a member of a uniformed service (as defined in section
410(m) of this title), if the Secretary of Veterans Affairs
determines that such individual was discharged or released from
the period of such active duty or inactive duty training under
conditions other than dishonorable, and if the Secretary of
Veterans Affairs certifies to the Commissioner of Social Security
his determinations with respect to such individual under this
clause, or
(E) the individual on whose employment such benefit is based
had been in service covered by the Railroad Retirement Act of
1937 or 1974 [45 U.S.C. 228a et seq., 231 et seq.] which was
treated as employment covered by this chapter pursuant to the
provisions of section 5(k)(1) of the Railroad Retirement Act of
1937 [45 U.S.C. 228e(k)(1)] or section 18(2) of the Railroad
Retirement Act of 1974 [45 U.S.C. 231q(2)];
except that subparagraphs (A) and (B) of this paragraph shall not
apply in the case of any individual who is a citizen of a foreign
country that has in effect a social insurance or pension system
which is of general application in such country and which satisfies
subparagraph (A) but not subparagraph (B) of paragraph (2), or who
is a citizen of a foreign country that has no social insurance or
pension system of general application if at any time within five
years prior to the month in which the Social Security Amendments of
1967 are enacted (or the first month thereafter for which his
benefits are subject to suspension under paragraph (1)) payments to
individuals residing in such country were withheld by the Treasury
Department under sections 3329(a) and 3330(a) of title 31.
(5) No person who is, or upon application would be, entitled to a
monthly benefit under this section for December 1956 shall be
deprived, by reason of paragraph (1) of this subsection, of such
benefit or any other benefit based on the wages and self-employment
income of the individual on whose wages and self-employment income
such monthly benefit for December 1956 is based.
(6) If an individual is outside the United States when he dies
and no benefit may, by reason of paragraph (1) or (10) of this
subsection, be paid to him for the month preceding the month in
which he dies, no lump-sum death payment may be made on the basis
of such individual's wages and self-employment income.
(7) Subsections (b), (c), and (d) of section 403 of this title
shall not apply with respect to any individual for any month for
which no monthly benefit may be paid to him by reason of paragraph
(1) of this subsection.
(8) The Attorney General shall certify to the Commissioner of
Social Security such information regarding aliens who depart from
the United States to any foreign country (other than a foreign
country which is territorially contiguous to the continental United
States) as may be necessary to enable the Commissioner of Social
Security to carry out the purposes of this subsection and shall
otherwise aid, assist, and cooperate with the Commissioner of
Social Security in obtaining such other information as may be
necessary to enable the Commissioner of Social Security to carry
out the purposes of this subsection.
(9) No payments shall be made under part A of subchapter XVIII of
this chapter with respect to items or services furnished to an
individual in any month for which the prohibition in paragraph (1)
against payment of benefits to him is applicable (or would be if he
were entitled to any such benefits).
(10) Notwithstanding any other provision of this subchapter, no
monthly benefits shall be paid under this section or under section
423 of this title, for any month beginning after June 30, 1968, to
an individual who is not a citizen or national of the United States
and who resides during such month in a foreign country if payments
for such month to individuals residing in such country are withheld
by the Treasury Department under sections 3329(a) and 3330(a) of
title 31.
(11)(A) Paragraph (2) and subparagraphs (A), (B), (C), and (E) of
paragraph (4) shall apply with respect to an individual's monthly
benefits under subsection (b), (c), (d), (e), (f), (g), or (h) of
this section only if such individual meets the residency
requirements of this paragraph with respect to those benefits.
(B) An individual entitled to benefits under subsection (b), (c),
(e), (f), or (g) of this section meets the residency requirements
of this paragraph with respect to those benefits only if such
individual has resided in the United States, and while so residing
bore a spousal relationship to the person on whose wages and self-
employment income such entitlement is based, for a total period of
not less than 5 years. For purposes of this subparagraph, a period
of time for which an individual bears a spousal relationship to
another person consists of a period throughout which the individual
has been, with respect to such other person, a wife, a husband, a
widow, a widower, a divorced wife, a divorced husband, a surviving
divorced wife, a surviving divorced husband, a surviving divorced
mother, a surviving divorced father, or (as applicable in the
course of such period) any two or more of the foregoing.
(C) An individual entitled to benefits under subsection (d) of
this section meets the residency requirements of this paragraph
with respect to those benefits only if -
(i)(I) such individual has resided in the United States (as the
child of the person on whose wages and self-employment income
such entitlement is based) for a total period of not less than 5
years, or
(II) the person on whose wages and self-employment income such
entitlement is based, and the individual's other parent (within
the meaning of subsection (h)(3) of this section), if any, have
each resided in the United States for a total period of not less
than 5 years (or died while residing in the United States), and
(ii) in the case of an individual entitled to such benefits as
an adopted child, such individual was adopted within the United
States by the person on whose wages and self-employment income
such entitlement is based, and has lived in the United States
with such person and received at least one-half of his or her
support from such person for a period (beginning before such
individual attained age 18) consisting of -
(I) the year immediately before the month in which such
person became eligible for old-age insurance benefits or
disability insurance benefits or died, whichever occurred
first, or
(II) if such person had a period of disability which
continued until he or she became entitled to old-age insurance
benefits or disability insurance benefits or died, the year
immediately before the month in which such period of disability
began.
(D) An individual entitled to benefits under subsection (h) of
this section meets the residency requirements of this paragraph
with respect to those benefits only if such individual has resided
in the United States, and while so residing was a parent (within
the meaning of subsection (h)(3) of this section) of the person on
whose wages and self-employment income such entitlement is based,
for a total period of not less than 5 years.
(E) This paragraph shall not apply with respect to any individual
who is a citizen or resident of a foreign country with which the
United States has an agreement in force concluded pursuant to
section 433 of this title, except to the extent provided by such
agreement.
(u) Conviction of subversive activities, etc.
(1) If any individual is convicted of any offense (committed
after August 1, 1956) under -
(A) chapter 37 (relating to espionage and censorship), chapter
105 (relating to sabotage), or chapter 115 (relating to treason,
sedition, and subversive activities) of title 18, or
(B) section 783 of title 50,
then the court may, in addition to all other penalties provided by
law, impose a penalty that in determining whether any monthly
insurance benefit under this section or section 423 of this title
is payable to such individual for the month in which he is
convicted or for any month thereafter, in determining the amount of
any such benefit payable to such individual for any such month, and
in determining whether such individual is entitled to insurance
benefits under part A of subchapter XVIII of this chapter for any
such month, there shall not be taken into account -
(C) any wages paid to such individual or to any other
individual in the calendar year in which such conviction occurs
or in any prior calendar year, and
(D) any net earnings from self-employment derived by such
individual or by any other individual during a taxable year in
which such conviction occurs or during any prior taxable year.
(2) As soon as practicable after an additional penalty has,
pursuant to paragraph (1) of this subsection, been imposed with
respect to any individual, the Attorney General shall notify the
Commissioner of Social Security of such imposition.
(3) If any individual with respect to whom an additional penalty
has been imposed pursuant to paragraph (1) of this subsection is
granted a pardon of the offense by the President of the United
States, such additional penalty shall not apply for any month
beginning after the date on which such pardon is granted.
(v) Waiver of benefits
(1) Notwithstanding any other provisions of this subchapter, and
subject to paragraph (3), in the case of any individual who files a
waiver pursuant to section 1402(g) of the Internal Revenue Code of
1986 and is granted a tax exemption thereunder, no benefits or
other payments shall be payable under this subchapter to him, no
payments shall be made on his behalf under part A of subchapter
XVIII of this chapter, and no benefits or other payments under this
subchapter shall be payable on the basis of his wages and self-
employment income to any other person, after the filing of such
waiver.
(2) Notwithstanding any other provision of this subchapter, and
subject to paragraph (3), in the case of any individual who files a
waiver pursuant to section 3127 of the Internal Revenue Code of
1986 and is granted a tax exemption thereunder, no benefits or
other payments shall be payable under this subchapter to him, no
payments shall be made on his behalf under part A of subchapter
XVIII of this chapter, and no benefits or other payments under this
subchapter shall be payable on the basis of his wages and self-
employment income to any other person, after the filing of such
waiver.
(3) If, after an exemption referred to in paragraph (1) or (2) is
granted to an individual, such exemption ceases to be effective,
the waiver referred to in such paragraph shall cease to be
applicable in the case of benefits and other payments under this
subchapter and part A of subchapter XVIII of this chapter to the
extent based on -
(A) his wages for and after the calendar year following the
calendar year in which occurs the failure to meet the
requirements of section 1402(g) or 3127 of the Internal Revenue
Code of 1986 on which the cessation of such exemption is based,
and
(B) his self-employment income for and after the taxable year
in which occurs such failure.
(w) Increase in old-age insurance benefit amounts on account of
delayed retirement
(1) The amount of an old-age insurance benefit (other than a
benefit based on a primary insurance amount determined under
section 415(a)(3) of this title as in effect in December 1978 or
section 415(a)(1)(C)(i) of this title as in effect thereafter)
which is payable without regard to this subsection to an individual
shall be increased by -
(A) the applicable percentage (as determined under paragraph
(6)) of such amount, multiplied by
(B) the number (if any) of the increment months for such
individual.
(2) For purposes of this subsection, the number of increment
months for any individual shall be a number equal to the total
number of the months -
(A) which have elapsed after the month before the month in
which such individual attained retirement age (as defined in
section 416(l) of this title) or (if later) December 1970 and
prior to the month in which such individual attained age 70, and
(B) with respect to which -
(i) such individual was a fully insured individual (as
defined in section 414(a) of this title),
(ii) such individual either was not entitled to an old-age
insurance benefit or, if so entitled, did not receive benefits
pursuant to a request by such individual that benefits not be
paid, and
(iii) such individual was not subject to a penalty imposed
under section 1320a-8a of this title.
(3) For purposes of applying the provisions of paragraph (1), a
determination shall be made under paragraph (2) for each year,
beginning with 1972, of the total number of an individual's
increment months through the year for which the determination is
made and the total so determined shall be applicable to such
individual's old-age insurance benefits beginning with benefits for
January of the year following the year for which such determination
is made; except that the total number applicable in the case of an
individual who attains age 70 after 1972 shall be determined
through the month before the month in which he attains such age and
shall be applicable to his old-age insurance benefit beginning with
the month in which he attains such age.
(4) This subsection shall be applied after reduction under
section 403(a) of this title.
(5) If an individual's primary insurance amount is determined
under paragraph (3) of section 415(a) of this title as in effect in
December 1978, or section 415(a)(1)(C)(i) of this title as in
effect thereafter, and, as a result of this subsection, he would be
entitled to a higher old-age insurance benefit if his primary
insurance amount were determined under section 415(a) of this title
(whether before, in, or after December 1978) without regard to such
paragraph, such individual's old-age insurance benefit based upon
his primary insurance amount determined under such paragraph shall
be increased by an amount equal to the difference between such
benefit and the benefit to which he would be entitled if his
primary insurance amount were determined under such section without
regard to such paragraph.
(6) For purposes of paragraph (1)(A), the "applicable percentage"
is -
(A) 1/12 of 1 percent in the case of an individual who first
becomes eligible for an old-age insurance benefit in any calendar
year before 1979;
(B) 1/4 of 1 percent in the case of an individual who first
becomes eligible for an old-age insurance benefit in any calendar
year after 1978 and before 1987;
(C) in the case of an individual who first becomes eligible for
an old-age insurance benefit in a calendar year after 1986 and
before 2005, a percentage equal to the applicable percentage in
effect under this paragraph for persons who first became eligible
for an old-age insurance benefit in the preceding calendar year
(as increased pursuant to this subparagraph), plus 1/24 of 1
percent if the calendar year in which that particular individual
first becomes eligible for such benefit is not evenly divisible
by 2; and
(D) 2/3 of 1 percent in the case of an individual who first
becomes eligible for an old-age insurance benefit in a calendar
year after 2004.
(x) Limitation on payments to prisoners, certain other inmates of
publicly funded institutions, fugitives, probationers, and
parolees
(1)(A) Notwithstanding any other provision of this subchapter, no
monthly benefits shall be paid under this section or under section
423 of this title to any individual for any month ending with or
during or beginning with or during a period of more than 30 days
throughout all of which such individual -
(i) is confined in a jail, prison, or other penal institution
or correctional facility pursuant to his conviction of a criminal
offense,
(ii) is confined by court order in an institution at public
expense in connection with -
(I) a verdict or finding that the individual is guilty but
insane, with respect to a criminal offense,
(II) a verdict or finding that the individual is not guilty
of such an offense by reason of insanity,
(III) a finding that such individual is incompetent to stand
trial under an allegation of such an offense, or
(IV) a similar verdict or finding with respect to such an
offense based on similar factors (such as a mental disease, a
mental defect, or mental incompetence),
(iii) immediately upon completion of confinement as described
in clause (i) pursuant to conviction of a criminal offense an
element of which is sexual activity, is confined by court order
in an institution at public expense pursuant to a finding that
the individual is a sexually dangerous person or a sexual
predator or a similar finding,
(iv) is fleeing to avoid prosecution, or custody or confinement
after conviction, under the laws of the place from which the
person flees, for a crime, or an attempt to commit a crime, which
is a felony under the laws of the place from which the person
flees, or, in jurisdictions that do not define crimes as
felonies, is punishable by death or imprisonment for a term
exceeding 1 year regardless of the actual sentence imposed, or
(v) is violating a condition of probation or parole imposed
under Federal or State law.
(B)(i) For purposes of clause (i) of subparagraph (A), an
individual shall not be considered confined in an institution
comprising a jail, prison, or other penal institution or
correctional facility during any month throughout which such
individual is residing outside such institution at no expense
(other than the cost of monitoring) to such institution or the
penal system or to any agency to which the penal system has
transferred jurisdiction over the individual.
(ii) For purposes of clauses (ii) and (iii) of subparagraph (A),
an individual confined in an institution as described in such
clause (ii) shall be treated as remaining so confined until -
(I) he or she is released from the care and supervision of such
institution, and
(II) such institution ceases to meet the individual's basic
living needs.
(iii) Notwithstanding subparagraph (A), the Commissioner shall,
for good cause shown, pay the individual benefits that have been
withheld or would otherwise be withheld pursuant to clause (iv) or
(v) of subparagraph (A) if the Commissioner determines that -
(I) a court of competent jurisdiction has found the individual
not guilty of the criminal offense, dismissed the charges
relating to the criminal offense, vacated the warrant for arrest
of the individual for the criminal offense, or issued any similar
exonerating order (or taken similar exonerating action), or
(II) the individual was erroneously implicated in connection
with the criminal offense by reason of identity fraud.
(iv) Notwithstanding subparagraph (A), the Commissioner may, for
good cause shown based on mitigating circumstances, pay the
individual benefits that have been withheld or would otherwise be
withheld pursuant to clause (iv) or (v) of subparagraph (A) if the
Commissioner determines that -
(I) the offense described in clause (iv) or underlying the
imposition of the probation or parole described in clause (v) was
nonviolent and not drug-related, and
(II) in the case of an individual from whom benefits have been
withheld or otherwise would be withheld pursuant to subparagraph
(A)(v), the action that resulted in the violation of a condition
of probation or parole was nonviolent and not drug-related.
(2) Benefits which would be payable to any individual (other than
a confined individual to whom benefits are not payable by reason of
paragraph (1)) under this subchapter on the basis of the wages and
self-employment income of such a confined individual but for the
provisions of paragraph (1), shall be payable as though such
confined individual were receiving such benefits under this section
or section 423 of this title.
(3)(A) Notwithstanding the provisions of section 552a of title 5
or any other provision of Federal or State law, any agency of the
United States Government or of any State (or political subdivision
thereof) shall make available to the Commissioner of Social
Security, upon written request, the name and social security
account number of any individual who is confined as described in
paragraph (1) if the confinement is under the jurisdiction of such
agency and the Commissioner of Social Security requires such
information to carry out the provisions of this section.
(B)(i) The Commissioner shall enter into an agreement under this
subparagraph with any interested State or local institution
comprising a jail, prison, penal institution, or correctional
facility, or comprising any other institution a purpose of which is
to confine individuals as described in paragraph (1)(A)(ii). Under
such agreement -
(I) the institution shall provide to the Commissioner, on a
monthly basis and in a manner specified by the Commissioner, the
names, Social Security account numbers, dates of birth,
confinement commencement dates, and, to the extent available to
the institution, such other identifying information concerning
the individuals confined in the institution as the Commissioner
may require for the purpose of carrying out paragraph (1) and
other provisions of this subchapter; and
(II) the Commissioner shall pay to the institution, with
respect to information described in subclause (I) concerning each
individual who is confined therein as described in paragraph
(1)(A), who receives a benefit under this subchapter for the
month preceding the first month of such confinement, and whose
benefit under this subchapter is determined by the Commissioner
to be not payable by reason of confinement based on the
information provided by the institution, $400 (subject to
reduction under clause (ii)) if the institution furnishes the
information to the Commissioner within 30 days after the date
such individual's confinement in such institution begins, or $200
(subject to reduction under clause (ii)) if the institution
furnishes the information after 30 days after such date but
within 90 days after such date.
(ii) The dollar amounts specified in clause (i)(II) shall be
reduced by 50 percent if the Commissioner is also required to make
a payment to the institution with respect to the same individual
under an agreement entered into under section 1382(e)(1)(I) of this
title.
(iii) There are authorized to be transferred from the Federal Old-
Age and Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund, as appropriate, such sums as may be necessary
to enable the Commissioner to make payments to institutions
required by clause (i)(II).
(iv) The Commissioner shall maintain, and shall provide on a
reimbursable basis, information obtained pursuant to agreements
entered into under this paragraph to any agency administering a
Federal or federally-assisted cash, food, or medical assistance
program for eligibility and other administrative purposes under
such program.
(C) Notwithstanding the provisions of section 552a of title 5 or
any other provision of Federal or State law (other than section
6103 of the Internal Revenue Code of 1986 and section 1306(c) of
this title), the Commissioner shall furnish any Federal, State, or
local law enforcement officer, upon the written request of the
officer, with the current address, Social Security number, and
photograph (if applicable) of any beneficiary under this
subchapter, if the officer furnishes the Commissioner with the name
of the beneficiary, and other identifying information as reasonably
required by the Commissioner to establish the unique identity of
the beneficiary, and notifies the Commissioner that -
(i) the beneficiary is described in clause (iv) or (v) of
paragraph (1)(A); and
(ii) the location or apprehension of the beneficiary is within
the officer's official duties.
(y) Limitation on payments to aliens
Notwithstanding any other provision of law, no monthly benefit
under this subchapter shall be payable to any alien in the United
States for any month during which such alien is not lawfully
present in the United States as determined by the Attorney General.