42 U.S.C. § 416 : US Code - Section 416: Additional definitions

Search 42 U.S.C. § 416 : US Code - Section 416: Additional definitions

For the purposes of this subchapter - 
(a) Spouse; surviving spouse
(1) The term "spouse" means a wife as defined in subsection (b)
of this section or a husband as defined in subsection (f) of this
section.
(2) The term "surviving spouse" means a widow as defined in
subsection (c) of this section or a widower as defined in
subsection (g) of this section.
(b) Wife
The term "wife" means the wife of an individual, but only if she
(1) is the mother of his son or daughter, (2) was married to him
for a period of not less than one year immediately preceding the
day on which her application is filed, or (3) in the month prior to
the month of her marriage to him (A) was entitled to, or on
application therefor and attainment of age 62 in such prior month
would have been entitled to, benefits under subsection (b), (e), or
(h) of section 402 of this title, (B) had attained age eighteen and
was entitled to, or on application therefor would have been
entitled to, benefits under subsection (d) of such section
(subject, however, to section 402(s) of this title), or (C) was
entitled to, or upon application therefor and attainment of the
required age (if any) would have been entitled to, a widow's,
child's (after attainment of age 18), or parent's insurance annuity
under section 231a of title 45. For purposes of clause (2), a wife
shall be deemed to have been married to an individual for a period
of one year throughout the month in which occurs the first
anniversary of her marriage to such individual. For purposes of
subparagraph (C) of section 402(b)(1) of this title, a divorced
wife shall be deemed not to be married throughout the month in
which she becomes divorced.
(c) Widow
(1) The term "widow" (except when used in the first sentence of
section 402(i) of this title) means the surviving wife of an
individual, but only if (A) she is the mother of his son or
daughter, (B) she legally adopted his son or daughter while she was
married to him and while such son or daughter was under the age of
eighteen, (C) he legally adopted her son or daughter while she was
married to him and while such son or daughter was under the age of
eighteen, (D) she was married to him at the time both of them
legally adopted a child under the age of eighteen, (E) except as
provided in paragraph (2), she was married to him for a period of
not less than nine months immediately prior to the day on which he
died, or (F) in the month prior to the month of her marriage to him
(i) she was entitled to, or on application therefor and attainment
of age 62 in such prior month would have been entitled to, benefits
under subsection (b), (e), or (h) of section 402 of this title,
(ii) she had attained age eighteen and was entitled to, or on
application therefor would have been entitled to, benefits under
subsection (d) of such section (subject, however, to section 402(s)
of this title), or (iii) she was entitled to, or upon application
therefor and attainment of the required age (if any) would have
been entitled to, a widow's, child's (after attainment of age 18),
or parent's insurance annuity under section 231a of title 45.
(2) The requirements of paragraph (1)(E) in connection with the
surviving wife of an individual shall be treated as satisfied if - 
(A) the individual had been married prior to the individual's
marriage to the surviving wife,
(B) the prior wife was institutionalized during the
individual's marriage to the prior wife due to mental
incompetence or similar incapacity,
(C) during the period of the prior wife's institutionalization,
the individual would have divorced the prior wife and married the
surviving wife, but the individual did not do so because such
divorce would have been unlawful, by reason of the prior wife's
institutionalization, under the laws of the State in which the
individual was domiciled at the time (as determined based on
evidence satisfactory to the Commissioner of Social Security),
(D) the prior wife continued to remain institutionalized up to
the time of her death, and
(E) the individual married the surviving wife within 60 days
after the prior wife's death.
(d) Divorced spouses; divorce
(1) The term "divorced wife" means a woman divorced from an
individual, but only if she had been married to such individual for
a period of 10 years immediately before the date the divorce became
effective.
(2) The term "surviving divorced wife" means a woman divorced
from an individual who has died, but only if she had been married
to the individual for a period of 10 years immediately before the
date the divorce became effective.
(3) The term "surviving divorced mother" means a woman divorced
from an individual who has died, but only if (A) she is the mother
of his son or daughter, (B) she legally adopted his son or daughter
while she was married to him and while such son or daughter was
under the age of 18, (C) he legally adopted her son or daughter
while she was married to him and while such son or daughter was
under the age of 18, or (D) she was married to him at the time both
of them legally adopted a child under the age of 18.
(4) The term "divorced husband" means a man divorced from an
individual, but only if he had been married to such individual for
a period of 10 years immediately before the date the divorce became
effective.
(5) The term "surviving divorced husband" means a man divorced
from an individual who has died, but only if he had been married to
the individual for a period of 10 years immediately before the
divorce became effective.
(6) The term "surviving divorced father" means a man divorced
from an individual who has died, but only if (A) he is the father
of her son or daughter, (B) he legally adopted her son or daughter
while he was married to her and while such son or daughter was
under the age of 18, (C) she legally adopted his son or daughter
while he was married to her and while such son or daughter was
under the age of 18, or (D) he was married to her at the time both
of them legally adopted a child under the age of 18.
(7) The term "surviving divorced parent" means a surviving
divorced mother as defined in paragraph (3) of this subsection or a
surviving divorced father as defined in paragraph (6).
(8) The terms "divorce" and "divorced" refer to a divorce a
vinculo matrimonii.
(e) Child
The term "child" means (1) the child or legally adopted child of
an individual, (2) a stepchild who has been such stepchild for not
less than one year immediately preceding the day on which
application for child's insurance benefits is filed or (if the
insured individual is deceased) not less than nine months
immediately preceding the day on which such individual died, and
(3) a person who is the grandchild or stepgrandchild of an
individual or his spouse, but only if (A) there was no natural or
adoptive parent (other than such a parent who was under a
disability, as defined in section 423(d) of this title) of such
person living at the time (i) 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 such individual became entitled to old-age
insurance benefits or disability insurance benefits, or died, at
the time such period of disability began, or (B) such person was
legally adopted after the death of such individual by such
individual's surviving spouse in an adoption that was decreed by a
court of competent jurisdiction within the United States and such
person's natural or adopting parent or stepparent was not living in
such individual's household and making regular contributions toward
such person's support at the time such individual died. For
purposes of clause (1), a person shall be deemed, as of the date of
death of an individual, to be the legally adopted child of such
individual if such person was either living with or receiving at
least one-half of his support from such individual at the time of
such individual's death and was legally adopted by such
individual's surviving spouse after such individual's death but
only if (A) proceedings for the adoption of the child had been
instituted by such individual before his death, or (B) such child
was adopted by such individual's surviving spouse before the end of
two years after (i) the day on which such individual died or (ii)
August 28, 1958. For purposes of clause (2), a person who is not
the stepchild of an individual shall be deemed the stepchild of
such individual if such individual was not the mother or adopting
mother or the father or adopting father of such person and such
individual and the mother or adopting mother, or the father or
adopting father, as the case may be, of such person went through a
marriage ceremony resulting in a purported marriage between them
which, but for a legal impediment described in the last sentence of
subsection (h)(1)(B) of this section, would have been a valid
marriage. For purposes of clause (2), a child shall be deemed to
have been the stepchild of an individual for a period of one year
throughout the month in which occurs the expiration of such one
year. For purposes of clause (3), a person shall be deemed to have
no natural or adoptive parent living (other than a parent who was
under a disability) throughout the most recent month in which a
natural or adoptive parent (not under a disability) dies.
(f) Husband
The term "husband" means the husband of an individual, but only
if (1) he is the father of her son or daughter, (2) he was married
to her for a period of not less than one year immediately preceding
the day on which his application is filed, or (3) in the month
prior to the month of his marriage to her (A) he was entitled to,
or on application therefor and attainment of age 62 in such prior
month would have been entitled to, benefits under subsection (c),
(f) or (h) of section 402 of this title, (B) he had attained age
eighteen and was entitled to, or on application therefor would have
been entitled to, benefits under subsection (d) of such section
(subject, however, to section 402(s) of this title), or (C) he was
entitled to, or upon application therefor and attainment of the
required age (if any) he would have been entitled to, a widower's,
child's (after attainment of age 18), or parent's insurance annuity
under section 231a of title 45. For purposes of clause (2), a
husband shall be deemed to have been married to an individual for a
period of one year throughout the month in which occurs the first
anniversary of his marriage to her. For purposes of subparagraph
(C) of section 402(c)(1) of this title, a divorced husband shall be
deemed not to be married throughout the month which he becomes
divorced.
(g) Widower
(1) The term "widower" (except when used in the first sentence of
section 402(i) of this title) means the surviving husband of an
individual, but only if (A) he is the father of her son or
daughter, (B) he legally adopted her son or daughter while he was
married to her and while such son or daughter was under the age of
eighteen, (C) she legally adopted his son or daughter while he was
married to her and while such son or daughter was under the age of
eighteen, (D) he was married to her at the time both of them
legally adopted a child under the age of eighteen, (E) except as
provided in paragraph (2), he was married to her for a period of
not less than nine months immediately prior to the day on which she
died, or (F) in the month before the month of his marriage to her
(i) he was entitled to, or on application therefor and attainment
of age 62 in such prior month would have been entitled to, benefits
under subsection (c), (f) or (h) of section 402 of this title, (ii)
he had attained age eighteen and was entitled to, or on application
therefor would have been entitled to, benefits under subsection (d)
of such section (subject, however, to section 402(s) of this
title), or (iii) he was entitled to, or on application therefor and
attainment of the required age (if any) he would have been entitled
to, a widower's, child's (after attainment of age 18), or parent's
insurance annuity under section 231a of title 45.
(2) The requirements of paragraph (1)(E) in connection with the
surviving husband of an individual shall be treated as satisfied if
- 
(A) the individual had been married prior to the individual's
marriage to the surviving husband,
(B) the prior husband was institutionalized during the
individual's marriage to the prior husband due to mental
incompetence or similar incapacity,
(C) during the period of the prior husband's
institutionalization, the individual would have divorced the
prior husband and married the surviving husband, but the
individual did not do so because such divorce would have been
unlawful, by reason of the prior husband's institutionalization,
under the laws of the State in which the individual was domiciled
at the time (as determined based on evidence satisfactory to the
Commissioner of Social Security),
(D) the prior husband continued to remain institutionalized up
to the time of his death, and
(E) the individual married the surviving husband within 60 days
after the prior husband's death.
(h) Determination of family status
(1)(A)(i) An applicant is the wife, husband, widow, or widower of
a fully or currently insured individual for purposes of this
subchapter if the courts of the State in which such insured
individual is domiciled at the time such applicant files and
application, or, if such insured individual is dead, the courts of
the State in which he was domiciled at the time of death, or, if
such insured individual is or was not so domiciled in any State,
the courts of the District of Columbia, would find that such
applicant and such insured individual were validly married at the
time such applicant files such application or, if such insured
individual is dead, at the time he died.
(ii) If such courts would not find that such applicant and such
insured individual were validly married at such time, such
applicant shall, nevertheless be deemed to be the wife, husband,
widow, or widower, as the case may be, of such insured individual
if such applicant would, under the laws applied by such courts in
determining the devolution of intestate personal property, have the
same status with respect to the taking of such property as a wife,
husband, widow, or widower of such insured individual.
(B)(i) In any case where under subparagraph (A) an applicant is
not (and is not deemed to be) the wife, widow, husband, or widower
of a fully or currently insured individual, or where under
subsection (b), (c), (d), (f), or (g) of this section such
applicant is not the wife, divorced wife, widow, surviving divorced
wife, husband, divorced husband, widower, or surviving divorced
husband of such individual, but it is established to the
satisfaction of the Commissioner of Social Security that such
applicant in good faith went through a marriage ceremony with such
individual resulting in a purported marriage between them which,
but for a legal impediment not known to the applicant at the time
of such ceremony, would have been a valid marriage, then, for
purposes of subparagraph (A) and subsections (b), (c), (d), (f),
and (g) of this section, such purported marriage shall be deemed to
be a valid marriage. Notwithstanding the preceding sentence, in the
case of any person who would be deemed under the preceding sentence
a wife, widow, husband, or widower of the insured individual, such
marriage shall not be deemed to be a valid marriage unless the
applicant and the insured individual were living in the same
household at the time of the death of the insured individual or (if
the insured individual is living) at the time the applicant files
the application. A marriage that is deemed to be a valid marriage
by reason of the preceding sentence shall continue to be deemed a
valid marriage if the insured individual and the person entitled to
benefits as the wife or husband of the insured individual are no
longer living in the same household at the time of the death of
such insured individual.
(ii) The provisions of clause (i) shall not apply if the
Commissioner of Social Security determines, on the basis of
information brought to the Commissioner's attention, that such
applicant entered into such purported marriage with such insured
individual with knowledge that it would not be a valid marriage.
(iii) The entitlement to a monthly benefit under subsection (b)
or (c) of section 402 of this title, based on the wages and self-
employment income of such insured individual, of a person who
would not be deemed to be a wife or husband of such insured
individual but for this subparagraph, shall end with the month
before the month in which such person enters into a marriage, valid
without regard to this subparagraph, with a person other than such
insured individual.
(iv) For purposes of this subparagraph, a legal impediment to the
validity of a purported marriage includes only an impediment (I)
resulting from the lack of dissolution of a previous marriage or
otherwise arising out of such previous marriage or its dissolution,
or (II) resulting from a defect in the procedure followed in
connection with such purported marriage.
(2)(A) In determining whether an applicant is the child or parent
of a fully or currently insured individual for purposes of this
subchapter, the Commissioner of Social Security shall apply such
law as would be applied in determining the devolution of intestate
personal property by the courts of the State in which such insured
individual is domiciled at the time such applicant files
application, or, if such insured individual is dead, by the courts
of the State in which he was domiciled at the time of his death,
or, if such insured individual is or was not so domiciled in any
State, by the courts of the District of Columbia. Applicants who
according to such law would have the same status relative to taking
intestate personal property as a child or parent shall be deemed
such.
(B) If an applicant is a son or daughter of a fully or currently
insured individual but is not (and is not deemed to be) the child
of such insured individual under subparagraph (A), such applicant
shall nevertheless be deemed to be the child of such insured
individual if such insured individual and the mother or father, as
the case may be, of such applicant went through a marriage ceremony
resulting in a purported marriage between them which, but for a
legal impediment described in the last sentence of paragraph
(1)(B), would have been a valid marriage.
(3) An applicant who is the son or daughter of a fully or
currently insured individual, but who is not (and is not deemed to
be) the child of such insured individual under paragraph (2) of
this subsection, shall nevertheless be deemed to be the child of
such insured individual if:
(A) in the case of an insured individual entitled to old-age
insurance benefits (who was not, in the month preceding such
entitlement, entitled to disability insurance benefits) - 
(i) such insured individual - 
(I) has acknowledged in writing that the applicant is his
or her son or daughter,
(II) has been decreed by a court to be the mother or father
of the applicant, or
(III) has been ordered by a court to contribute to the
support of the applicant because the applicant is his or her
son or daughter,
and such acknowledgment, court decree, or court order was made
not less than one year before such insured individual became
entitled to old-age insurance benefits or attained retirement
age (as defined in subsection (l) of this section), whichever
is earlier; or
(ii) such insured individual is shown by evidence
satisfactory to the Commissioner of Social Security to be the
mother or father of the applicant and was living with or
contributing to the support of the applicant at the time such
applicant's application for benefits was filed;
(B) in the case of an insured individual entitled to disability
insurance benefits, or who was entitled to such benefits in the
month preceding the first month for which he or she was entitled
to old-age insurance benefits - 
(i) such insured individual - 
(I) has acknowledged in writing that the applicant is his
or her son or daughter,
(II) has been decreed by a court to be the mother or father
of the applicant, or
(III) has been ordered by a court to contribute to the
support of the applicant because the applicant is his or her
son or daughter,
and such acknowledgment, court decree, or court order was made
before such insured individual's most recent period of
disability began; or
(ii) such insured individual is shown by evidence
satisfactory to the Commissioner of Social Security to be the
mother or father of the applicant and was living with or
contributing to the support of that applicant at the time such
applicant's application for benefits was filed;
(C) in the case of a deceased individual - 
(i) such insured individual - 
(I) had acknowledged in writing that the applicant is his
or her son or daughter,
(II) had been decreed by a court to be the mother or father
of the applicant, or
(III) had been ordered by a court to contribute to the
support of the applicant because the applicant was his or her
son or daughter,
and such acknowledgment, court decree, or court order was made
before the death of such insured individual, or
(ii) such insured individual is shown by evidence
satisfactory to the Commissioner of Social Security to have
been the mother or father of the applicant, and such insured
individual was living with or contributing to the support of
the applicant at the time such insured individual died.
For purposes of subparagraphs (A)(i) and (B)(i), an
acknowledgement, court decree, or court order shall be deemed to
have occurred on the first day of the month in which it actually
occurred.
(i) Disability; period of disability
(1) Except for purposes of sections 402(d), 402(e), 402(f), 423,
and 425 of this title, the term "disability" means (A) inability to
engage in any substantial gainful activity by reason of any
medically determinable physical or mental impairment which can be
expected to result in death or has lasted or can be expected to
last for a continuous period of not less than 12 months, or (B)
blindness; and the term "blindness" means central visual acuity of
20/200 or less in the better eye with the use of a correcting lens.
An eye which is accompanied by a limitation in the fields of vision
such that the widest diameter of the visual field subtends an angle
no greater than 20 degrees shall be considered for purposes of this
paragraph as having a central visual acuity of 20/200 or less. The
provisions of paragraphs (2)(A), (2)(B), (3), (4), (5), and (6) of
section 423(d) of this title shall be applied for purposes of
determining whether an individual is under a disability within the
meaning of the first sentence of this paragraph in the same manner
as they are applied for purposes of paragraph (1) of such section.
Nothing in this subchapter shall be construed as authorizing the
Commissioner of Social Security or any other officer or employee of
the United States to interfere in any way with the practice of
medicine or with relationships between practitioners of medicine
and their patients, or to exercise any supervision or control over
the administration or operation of any hospital.
(2)(A) The term "period of disability" means a continuous period
(beginning and ending as hereinafter provided in this subsection)
during which an individual was under a disability (as defined in
paragraph (1)), but only if such period is of not less than five
full calendar months' duration or such individual was entitled to
benefits under section 423 of this title for one or more months in
such period.
(B) No period of disability shall begin as to any individual
unless such individual files an application for a disability
determination with respect to such period; and no such period shall
begin as to any individual after such individual attains retirement
age (as defined in subsection (l) of this section). In the case of
a deceased individual, the requirement of an application under the
preceding sentence may be satisfied by an application for a
disability determination filed with respect to such individual
within 3 months after the month in which he died.
(C) A period of disability shall begin - 
(i) on the day the disability began, but only if the individual
satisfies the requirements of paragraph (3) on such day; or
(ii) if such individual does not satisfy the requirements of
paragraph (3) on such day, then on the first day of the first
quarter thereafter in which he satisfies such requirements.
(D) A period of disability shall end with the close of whichever
of the following months is the earlier: (i) the month preceding the
month in which the individual attains retirement age (as defined in
subsection (l) of this section), or (ii) the month preceding (I)
the termination month (as defined in section 423(a)(1) of this
title), or, if earlier (II) the first month for which no benefit is
payable by reason of section 423(e) of this title, where no benefit
is payable for any of the succeeding months during the 36-month
period referred to in such section. The provisions set forth in
section 423(f) of this title with respect to determinations of
whether entitlement to benefits under this subchapter or subchapter
XVIII of this chapter based on the disability of any individual is
terminated (on the basis of a finding that the physical or mental
impairment on the basis of which such benefits are provided has
ceased, does not exist, or is not disabling) shall apply in the
same manner and to the same extent with respect to determinations
of whether a period of disability has ended (on the basis of a
finding that the physical or mental impairment on the basis of
which the finding of disability was made has ceased, does not
exist, or is not disabling).
(E) Except as is otherwise provided in subparagraph (F), no
application for a disability determination which is filed more than
12 months after the month prescribed by subparagraph (D) as the
month in which the period of disability ends (determined without
regard to subparagraph (B) and this subparagraph) shall be accepted
as an application for purposes of this paragraph.
(F) An application for a disability determination which is filed
more than 12 months after the month prescribed by subparagraph (D)
as the month in which the period of disability ends (determined
without regard to subparagraphs (B) and (E)) shall be accepted as
an application for purposes of this paragraph if - 
(i) in the case of an application filed by or on behalf of an
individual with respect to a disability which ends after January
1968, such application is filed not more than 36 months after the
month in which such disability ended, such individual is alive at
the time the application is filed, and the Commissioner of Social
Security finds in accordance with regulations prescribed by the
Commissioner that the failure of such individual to file an
application for a disability determination within the time
specified in subparagraph (E) was attributable to a physical or
mental condition of such individual which rendered him incapable
of executing such an application, and
(ii) in the case of an application filed by or on behalf of an
individual with respect to a period of disability which ends in
or before January 1968 - 
(I) such application is filed not more than 12 months after
January 1968,
(II) a previous application for a disability determination
has been filed by or on behalf of such individual (1) in or
before January 1968, and (2) not more than 36 months after the
month in which his disability ended, and
(III) the Commissioner of Social Security finds in accordance
with regulations prescribed by the Commissioner, that the
failure of such individual to file an application within the
then specified time period was attributable to a physical or
mental condition of such individual which rendered him
incapable of executing such an application.
In making a determination under this subsection, with respect to
the disability or period of disability of any individual whose
application for a determination thereof is accepted solely by
reason of the provisions of this subparagraph (F), the provisions
of this subsection (other than the provisions of this subparagraph)
shall be applied as such provisions are in effect at the time such
determination is made.
(G) An application for a disability determination filed before
the first day on which the applicant satisfies the requirements for
a period of disability under this subsection shall be deemed a
valid application (and shall be deemed to have been filed on such
first day) only if the applicant satisfies the requirements for a
period of disability 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) The requirements referred to in clauses (i) and (ii) of
paragraph (2)(C) of this subsection are satisfied by an individual
with respect to any quarter only if - 
(A) he would have been a fully insured individual (as defined
in section 414 of this title) had he attained age 62 and filed
application for benefits under section 402(a) of this title on
the first day of such quarter; and
(B)(i) he had not less than 20 quarters of coverage during the
40-quarter period which ends with such quarter, or
(ii) if such quarter ends before he attains (or would attain)
age 31, not less than one-half (and not less than 6) of the
quarters during the period ending with such quarter and beginning
after he attained the age of 21 were quarters of coverage, or (if
the number of quarters in such period is less than 12) not less
than 6 of the quarters in the 12-quarter period ending with such
quarter were quarters of coverage, or
(iii) in the case of an individual (not otherwise insured under
clause (i)) who, by reason of clause (ii), had a prior period of
disability that began during a period before the quarter in which
he or she attained age 31, not less than one-half of the quarters
beginning after such individual attained age 21 and ending with
such quarter are quarters of coverage, or (if the number of
quarters in such period is less than 12) not less than 6 of the
quarters in the 12-quarter period ending with such quarter are
quarters of coverage;
except that the provisions of subparagraph (B) of this paragraph
shall not apply in the case of an individual who is blind (within
the meaning of "blindness" as defined in paragraph (1)). For
purposes of subparagraph (B) of this paragraph, when the number of
quarters in any period is an odd number, such number shall be
reduced by one, and a quarter shall not be counted as part of any
period if any part of such quarter was included in a prior period
of disability unless such quarter was a quarter of coverage.
(j) Periods of limitation ending on nonwork days
Where this subchapter, any provision of another law of the United
States (other than the Internal Revenue Code of 1986) relating to
or changing the effect of this subchapter, or any regulation issued
by the Commissioner of Social Security pursuant thereto provides
for a period within which an act is required to be done which
affects eligibility for or the amount of any benefit or payment
under this subchapter or is necessary to establish or protect any
rights under this subchapter, and such period ends on a Saturday,
Sunday, or legal holiday, or on any other day all or part of which
is declared to be a nonwork day for Federal employees by statute or
Executive order, then such act shall be considered as done within
such period if it is done on the first day thereafter which is not
a Saturday, Sunday, or legal holiday or any other day all or part
of which is declared to be a nonwork day for Federal employees by
statute or Executive order. For purposes of this subsection, the
day on which a period ends shall include the day on which an
extension of such period, as authorized by law or by the
Commissioner of Social Security pursuant to law, ends. The
provisions of this subsection shall not extend the period during
which benefits under this subchapter may (pursuant to section
402(j)(1) or 423(b) of this title) be paid for months prior to the
day application for such benefits is filed, or during which an
application for benefits under this subchapter may (pursuant to
section 402(j)(2) or 423(b) of this title) be accepted as such.
(k) Waiver of nine-month requirement for widow, stepchild, or
widower in case of accidental death or in case of serviceman
dying in line of duty, or in case of remarriage to same
individual
The requirement in clause (E) of subsection (c)(1) of this
section or clause (E) of subsection (g)(1) of this section that the
surviving spouse of an individual have been married to such
individual for a period of not less than nine months immediately
prior to the day on which such individual died in order to qualify
as such individual's widow or widower, and the requirement in
subsection (e) of this section that the stepchild of a deceased
individual have been such stepchild for not less than nine months
immediately preceding the day on which such individual died in
order to qualify as such individual's child, shall be deemed to be
satisfied, where such individual dies within the applicable nine-
month period, if - 
(1) his death - 
(A) is accidental, or
(B) occurs in line of duty while he is a member of a
uniformed service serving on active duty (as defined in section
410(l)(2) of this title),
unless the Commissioner of Social Security determines that at the
time of the marriage involved the individual could not have
reasonably been expected to live for nine months, or
(2)(A) the widow or widower of such individual had been
previously married to such individual and subsequently divorced
and such requirement would have been satisfied at the time of
such divorce if such previous marriage had been terminated by the
death of such individual at such time instead of by divorce; or
(B) the stepchild of such individual had been the stepchild of
such individual during a previous marriage of such stepchild's
parent to such individual which ended in divorce and such
requirement would have been satisfied at the time of such divorce
if such previous marriage had been terminated by the death of
such individual at such time instead of by divorce;
except that paragraph (2) of this subsection shall not apply if the
Commissioner of Social Security determines that at the time of the
marriage involved the individual could not have reasonably been
expected to live for nine months. For purposes of paragraph (1)(A)
of this subsection, the death of an individual is accidental if he
receives bodily injuries solely through violent, external, and
accidental means and, as a direct result of the bodily injuries and
independently of all other causes, loses his life not later than
three months after the day on which he receives such bodily
injuries.
(l) Retirement age
(1) The term "retirement age" means - 
(A) with respect to an individual who attains early retirement
age (as defined in paragraph (2)) before January 1, 2000, 65
years of age;
(B) with respect to an individual who attains early retirement
age after December 31, 1999, and before January 1, 2005, 65 years
of age plus the number of months in the age increase factor (as
determined under paragraph (3)) for the calendar year in which
such individual attains early retirement age;
(C) with respect to an individual who attains early retirement
age after December 31, 2004, and before January 1, 2017, 66 years
of age;
(D) with respect to an individual who attains early retirement
age after December 31, 2016, and before January 1, 2022, 66 years
of age plus the number of months in the age increase factor (as
determined under paragraph (3)) for the calendar year in which
such individual attains early retirement age; and
(E) with respect to an individual who attains early retirement
age after December 31, 2021, 67 years of age.
(2) The term "early retirement age" means age 62 in the case of
an old-age, wife's, or husband's insurance benefit, and age 60 in
the case of a widow's or widower's insurance benefit.
(3) The age increase factor for any individual who attains early
retirement age in a calendar year within the period to which
subparagraph (B) or (D) of paragraph (1) applies shall be
determined as follows:
(A) With respect to an individual who attains early retirement
age in the 5-year period consisting of the calendar years 2000
through 2004, the age increase factor shall be equal to two-
twelfths of the number of months in the period beginning with
January 2000 and ending with December of the year in which the
individual attains early retirement age.
(B) With respect to an individual who attains early retirement
age in the 5-year period consisting of the calendar years 2017
through 2021, the age increase factor shall be equal to two-
twelfths of the number of months in the period beginning with
January 2017 and ending with December of the year in which the
individual attains early retirement age.