42 U.S.C. § 413 : US Code - Section 413: Quarter and quarter of coverage

Search 42 U.S.C. § 413 : US Code - Section 413: Quarter and quarter of coverage

    (a) Definitions
      For the purposes of this subchapter - 
      (1) The term "quarter", and the term "calendar quarter", mean a
    period of three calendar months ending on March 31, June 30,
    September 30, or December 31.
      (2)(A) The term "quarter of coverage" means - 
        (i) for calendar years before 1978, and subject to the
      provisions of subparagraph (B), a quarter in which an individual
      has been paid $50 or more in wages (except wages for agricultural
      labor paid after 1954) or for which he has been credited (as
      determined under section 412 of this title) with $100 or more of
      self-employment income; and
        (ii) for calendar years after 1977, and subject to the
      provisions of subparagraph (B), each portion of the total of the
      wages paid and the self-employment income credited (pursuant to
      section 412 of this title) to an individual in a calendar year
      which equals the amount required for a quarter of coverage in
      that calendar year (as determined under subsection (d) of this
      section), with such quarter of coverage being assigned to a
      specific calendar quarter in such calendar year only if necessary
      in the case of any individual who has attained age 62 or died or
      is under a disability and the requirements for insured status in
      subsection (a) or (b) of section 414 of this title, the
      requirements for entitlement to a computation or recomputation of
      his primary insurance amount, or the requirements of paragraph
      (3) of section 416(i) of this title would not otherwise be met.

      (B) Notwithstanding the provisions of subparagraph (A) - 
        (i) no quarter after the quarter in which an individual dies
      shall be a quarter of coverage, and no quarter any part of which
      is included in a period of disability (other than the initial
      quarter and the last quarter of such period) shall be a quarter
      of coverage;
        (ii) if the wages paid to an individual in any calendar year
      equal $3,000 in the case of a calendar year before 1951, or
      $3,600 in the case of a calendar year after 1950 and before 1955,
      or $4,200 in the case of a calendar year after 1954 and before
      1959, or $4,800 in the case of a calendar year after 1958 and
      before 1966, or $6,600 in the case of a calendar year after 1965
      and before 1968, or $7,800 in the case of a calendar year after
      1967 and before 1972, or $9,000 in the case of the calendar year
      1972, or $10,800 in the case of the calendar year 1973, or
      $13,200 in the case of the calendar year 1974, or an amount equal
      to the contribution and benefit base (as determined under section
      430 of this title) in the case of any calendar year after 1974
      and before 1978 with respect to which such contribution and
      benefit base is effective, each quarter of such year shall
      (subject to clauses (i) and (v)) be a quarter of coverage;
        (iii) if an individual has self-employment income for a taxable
      year, and if the sum of such income and the wages paid to him
      during such year equals $3,600 in the case of a taxable year
      beginning after 1950 and ending before 1955, or $4,200 in the
      case of a taxable year ending after 1954 and before 1959, or
      $4,800 in the case of a taxable year ending after 1958 and before
      1966, or $6,600 in the case of a taxable year ending after 1965
      and before 1968, or $7,800 in the case of a taxable year ending
      after 1967 and before 1972, or $9,000 in the case of a taxable
      year beginning after 1971 and before 1973, or $10,800 in the case
      of a taxable year beginning after 1972 and before 1974, or
      $13,200 in the case of a taxable year beginning after 1973 and
      before 1975, or an amount equal to the contribution and benefit
      base (as determined under section 430 of this title) which is
      effective for the calendar year in the case of any taxable year
      beginning in any calendar year after 1974 and before 1978, each
      quarter any part of which falls in such year shall (subject to
      clauses (i) and (v)) be a quarter of coverage;
        (iv) if an individual is paid wages for agricultural labor in a
      calendar year after 1954 and before 1978, then, subject to
      clauses (i) and (v), (I) the last quarter of such year which can
      be but is not otherwise a quarter of coverage shall be a quarter
      of coverage if such wages equal or exceed $100 but are less than
      $200; (II) the last two quarters of such year which can be but
      are not otherwise quarters of coverage shall be quarters of
      coverage if such wages equal or exceed $200 but are less than
      $300; (III) the last three quarters of such year which can be but
      are not otherwise quarters of coverage shall be quarters of
      coverage if such wages equal or exceed $300 but are less than
      $400; and (IV) each quarter of such year which is not otherwise a
      quarter of coverage shall be a quarter of coverage if such wages
      are $400 or more;
        (v) no quarter shall be counted as a quarter of coverage prior
      to the beginning of such quarter;
        (vi) not more than one quarter of coverage may be credited to a
      calendar quarter; and
        (vii) no more than four quarters of coverage may be credited to
      any calendar year after 1977.

    If in the case of an individual who has attained age 62 or died or
    is under a disability and who has been paid wages for agricultural
    labor in a calendar year after 1954 and before 1978, the
    requirements for insured status in subsection (a) or (b) of section
    414 of this title, the requirements for entitlement to a
    computation or recomputation of his primary insurance amount, or
    the requirements of paragraph (3) of section 416(i) of this title
    are not met after assignment of quarters of coverage to quarters in
    such year as provided in clause (iv) of the preceding sentence, but
    would be met if such quarters of coverage were assigned to
    different quarters in such year, then such quarters of coverage
    shall instead be assigned, for purposes only of determining
    compliance with such requirements, to such different quarters. If,
    in the case of an individual who did not die prior to January 1,
    1955, and who attained age 62 (if a woman) or age 65 (if a man) or
    died before July 1, 1957, the requirements for insured status in
    section 414(a)(3) of this title are not met because of his having
    too few quarters of coverage but would be met if his quarters of
    coverage in the first calendar year in which he had any covered
    employment had been determined on the basis of the period during
    which wages were earned rather than on the basis of the period
    during which wages were paid (any such wages paid that are
    reallocated on an earned basis shall not be used in determining
    quarters of coverage for subsequent calendar years), then upon
    application filed by the individual or his survivors and
    satisfactory proof of his record of wages earned being furnished by
    such individual or his survivors, the quarters of coverage in such
    calendar year may be determined on the basis of the periods during
    which wages were earned.
    (b) Crediting of wages paid in 1937
      With respect to wages paid to an individual in the six-month
    periods commencing either January 1, 1937, or July 1, 1937; (A) if
    wages of not less than $100 were paid in any such period, one-half
    of the total amount thereof shall be deemed to have been paid in
    each of the calendar quarters in such period; and (B) if wages of
    less than $100 were paid in any such period, the total amount
    thereof shall be deemed to have been paid in the latter quarter of
    such period, except that if in any such period, the individual
    attained age sixty-five, all of the wages paid in such period shall
    be deemed to have been paid before such age was attained.
    (c) Alternative method for determining quarters of coverage with
      respect to wages in period from 1937 to 1950
      For purposes of sections 414(a) and 415(d) of this title, an
    individual shall be deemed to have one quarter of coverage for each
    $400 of his total wages prior to 1951 (as defined in section
    415(d)(1)(C) of this title), except where such individual is not a
    fully insured individual on the basis of the number of quarters of
    coverage so derived plus the number of quarters of coverage derived
    from the wages and self-employment income credited to such
    individual for periods after 1950.
    (d) Amount required for a quarter of coverage
      (1) The amount of wages and self-employment income which an
    individual must have in order to be credited with a quarter of
    coverage in any year under subsection (a)(2)(A)(ii) of this section
    shall be $250 in the calendar year 1978 and the amount determined
    under paragraph (2) of this subsection for years after 1978.
      (2) The Commissioner of Social Security shall, on or before
    November 1 of 1978 and of every year thereafter, determine and
    publish in the Federal Register the amount of wages and self-
    employment income which an individual must have in order to be
    credited with a quarter of coverage in the succeeding calendar
    year. The amount required for a quarter of coverage shall be the
    larger of - 
        (A) the amount in effect in the calendar year in which the
      determination under this subsection is made, or
        (B) the product of the amount prescribed in paragraph (1) which
      is required for a quarter of coverage in 1978 and the ratio of
      the national average wage index (as defined in section 409(k)(1)
      of this title) for the calendar year before the year in which the
      determination under this paragraph is made to the national
      average wage index (as so defined) for 1976,

    with such product, if not a multiple of $10, being rounded to the
    next higher multiple of $10 where such amount is a multiple of $5
    but not of $10 and to the nearest multiple of $10 in any other
    case.