42 U.S.C. § 417 : US Code - Section 417: Benefits for veterans

Search 42 U.S.C. § 417 : US Code - Section 417: Benefits for veterans

(a) Determination of benefits
(1) For purposes of determining entitlement to and the amount of
any monthly benefit for any month after August 1950, or entitlement
to and the amount of any lump-sum death payment in case of a death
after such month, payable under this subchapter on the basis of the
wages and self-employment income of any World War II veteran, and
for purposes of section 416(i)(3) of this title, such veteran shall
be deemed to have been paid wages (in addition to the wages, if
any, actually paid to him) of $160 in each month during any part of
which he served in the active military or naval service of the
United States during World War II. This subsection shall not be
applicable in the case of any monthly benefit or lump-sum death
payment if -
(A) a larger such benefit or payment, as the case may be, would
be payable without its application; or
(B) a benefit (other than a benefit payable in a lump sum
unless it is a commutation of, or a substitute for, periodic
payments) which is based, in whole or in part, upon the active
military or naval service of such veteran during World War II is
determined by any agency or wholly owned instrumentality of the
United States (other than the Department of Veterans Affairs) to
be payable by it under any other law of the United States or
under a system established by such agency or instrumentality.
The provisions of clause (B) of this paragraph shall not apply in
the case of any monthly benefit or lump-sum death payment under
this subchapter if its application would reduce by $0.50 or less
the primary insurance amount (as computed under section 415 of this
title prior to any recomputation thereof pursuant to section 415(f)
of this title) of the individual on whose wages and self-employment
income such benefit or payment is based. The provisions of clause
(B) of this paragraph shall also not apply for purposes of section
416(i)(3) of this title.
(2) Upon application for benefits or a lump-sum death payment on
the basis of the wages and self-employment income of any World War
II veteran, the Commissioner of Social Security shall make a
decision without regard to clause (B) of paragraph (1) of this
subsection unless the Commissioner has been notified by some other
agency or instrumentality of the United States that, on the basis
of the military or naval service of such veteran during World War
II, a benefit described in clause (B) of paragraph (1) of this
subsection has been determined by such agency or instrumentality to
be payable by it. If the Commissioner has not been so notified, the
Commissioner of Social Security shall then ascertain whether some
other agency or wholly owned instrumentality of the United States
has decided that a benefit described in clause (B) of paragraph (1)
of this subsection is payable by it. If any such agency or
instrumentality has decided, or thereafter decides, that such a
benefit is payable by it, it shall so notify the Commissioner of
Social Security, and the Commissioner of Social Security shall
certify no further benefits for payment or shall recompute the
amount of any further benefits payable, as may be required by
paragraph (1) of this subsection.
(3) Any agency or wholly owned instrumentality of the United
States which is authorized by any law of the United States to pay
benefits, or has a system of benefits which are based, in whole or
in part, on military or naval service during World War II shall, at
the request of the Commissioner of Social Security, certify to the
Commissioner, with respect to any veteran, such information as the
Commissioner of Social Security deems necessary to carry out the
Commissioner's functions under paragraph (2) of this subsection.
(b) Determination of insurance status
(1) Subject to paragraph (3), any World War II veteran who died
during the period of three years immediately following his
separation from the active military or naval service of the United
States shall be deemed to have died a fully insured individual
whose primary insurance amount is the amount determined under
section 415(c) of this title as in effect in December 1978.
Notwithstanding section 415(d) of this title as in effect in
December 1978, the primary insurance benefit (for purposes of
section 415(c) of this title as in effect in December 1978) of such
veteran shall be determined as provided in this subchapter as in
effect prior to August 28, 1950, except that the 1 per centum
addition provided for in section 409(a)(4)(B) of this title as in
effect prior to August 28, 1950, shall be applicable only with
respect to calendar years prior to 1951. This subsection shall not
be applicable in the case of any monthly benefit or lump-sum death
payment if -
(A) a larger such benefit or payment, as the case may be, would
be payable without its application;
(B) any pension or compensation is determined by the Secretary
of Veterans Affairs to be payable by him on the basis of the
death of such veteran;
(C) the death of the veteran occurred while he was in the
active military or naval service of the United States; or
(D) such veteran has been discharged or released from the
active military or naval service of the United States subsequent
to July 26, 1951.
(2) Upon an application for benefits or a lump-sum death payment
on the basis of the wages and self-employment income of any World
War II veteran, the Commissioner of Social Security shall make a
decision without regard to paragraph (1)(B) of this subsection
unless the Commissioner has been notified by the Secretary of
Veterans Affairs that pension or compensation is determined to be
payable by that Secretary by reason of the death of such veteran.
The Commissioner of Social Security shall thereupon report such
decision to the Secretary of Veterans Affairs. If the Secretary of
Veterans Affairs in any such case has made an adjudication or
thereafter makes an adjudication that any pension or compensation
is payable under any law administered by it, the Secretary of
Veterans Affairs shall notify the Commissioner of Social Security,
and the Commissioner of Social Security shall certify no further
benefits for payment, or shall recompute the amount of any further
benefits payable, as may be required by paragraph (1) of this
subsection. Any payments theretofore certified by the Commissioner
of Social Security on the basis of paragraph (1) of this subsection
to any individual, not exceeding the amount of any accrued pension
or compensation payable to him by the Secretary of Veterans
Affairs, shall (notwithstanding the provisions of section 5301 of
title 38) be deemed to have been paid to him by that Secretary on
account of such accrued pension or compensation. No such payment
certified by the Commissioner of Social Security, and no payment
certified by the Commissioner for any month prior to the first
month for which any pension or compensation is paid by the
Secretary of Veterans Affairs shall be deemed by reason of this
subsection to have been an erroneous payment.
(3)(A) The preceding provisions of this subsection shall apply
for purposes of determining the entitlement to benefits under
section 402 of this title, based on the primary insurance amount of
the deceased World War II veteran, of any surviving individual only
if such surviving individual makes application for such benefits
before the end of the 18-month period after November 1990.
(B) Subparagraph (A) shall not apply if any person is entitled to
benefits under section 402 of this title based on the primary
insurance amount of such veteran for the month preceding the month
in which such application is made.
(c) Filing proof of support
In the case of any World War II veteran to whom subsection (a) of
this section is applicable, proof of support required under section
402(h) of this title may be filed by a parent at any time prior to
July 1951 or prior to the expiration of two years after the date of
the death of such veteran, whichever is the later.
(d) Definitions
For the purposes of this section -
(1) The term "World War II" means the period beginning with
September 16, 1940, and ending at the close of July 24, 1947.
(2) The term "World War II veteran" means any individual who
served in the active military or naval service of the United
States at any time during World War II and who, if discharged or
released therefrom, was so discharged or released under
conditions other than dishonorable after active service of ninety
days or more or by reason of a disability or injury incurred or
aggravated in service in line of duty; but such term shall not
include any individual who died while in the active military or
naval service of the United States if his death was inflicted
(other than by an enemy of the United States) as lawful
punishment for a military or naval offense.
(e) Determination based on wages and self-employment
(1) For purposes of determining entitlement to and the amount of
any monthly benefit or lump-sum death payment payable under this
subchapter on the basis of wages and self-employment income of any
veteran (as defined in paragraph (4) of this subsection), and for
purposes of section 416(i)(3) of this title, such veteran shall be
deemed to have been paid wages (in addition to the wages, if any,
actually paid to him) of $160 in each month during any part of
which he served in the active military or naval service of the
United States on or after July 25, 1947, and prior to January 1,
1957. This subsection shall not be applicable in the case of any
monthly benefit or lump-sum death payment if -
(A) a larger such benefit or payment, as the case may be, would
be payable without its application; or
(B) a benefit (other than a benefit payable in a lump sum
unless it is a commutation of, or a substitute for, periodic
payments) which is based, in whole or in part, upon the active
military or naval service of such veteran on or after July 25,
1947, and prior to January 1, 1957, is determined by any agency
or wholly owned instrumentality of the United States (other than
the Department of Veterans Affairs) to be payable by it under any
other law of the United States or under a system established by
such agency or instrumentality.
The provisions of clause (B) of this paragraph shall not apply in
the case of any monthly benefit or lump-sum death payment under
this subchapter if its application would reduce by $0.50 or less
the primary insurance amount (as computed under section 415 of this
title prior to any recomputation thereof pursuant to subsection (f)
of section 415 of this title) of the individual on whose wages and
self-employment income such benefit or payment is based. The
provisions of clause (B) of this paragraph shall also not apply for
purposes of section 416(i)(3) of this title. In the case of monthly
benefits under this subchapter for months after December 1956 (and
any lump-sum death payment under this subchapter with respect to a
death occurring after December 1956) based on the wages and self-
employment income of a veteran who performed service (as a member
of a uniformed service) to which the provisions of section
410(l)(1) of this title are applicable, wages which would, but for
the provisions of clause (B) of this paragraph, be deemed under
this subsection to have been paid to such veteran with respect to
his active military or naval service performed after December 1950
shall be deemed to have been paid to him with respect to such
service notwithstanding the provisions of such clause, but only if
the benefits referred to in such clause which are based (in whole
or in part) on such service are payable solely by the Army, Navy,
Air Force, Marine Corps, Coast Guard, Coast and Geodetic Survey,
National Oceanic and Atmospheric Administration Corps, or Public
Health Service.
(2) Upon application for benefits or a lump-sum death payment on
the basis of the wages and self-employment income of any veteran,
the Commissioner of Social Security shall make a decision without
regard to clause (B) of paragraph (1) of this subsection unless the
Commissioner has been notified by some other agency or
instrumentality of the United States that, on the basis of the
military or naval service of such veteran on or after July 25,
1947, and prior to January 1, 1957, a benefit described in clause
(B) of paragraph (1) of this subsection has been determined by such
agency or instrumentality to be payable by it. If the Commissioner
has not been so notified, the Commissioner of Social Security shall
then ascertain whether some other agency or wholly owned
instrumentality of the United States has decided that a benefit
described in clause (B) of paragraph (1) of this subsection is
payable by it. If any such agency or instrumentality has decided,
or thereafter decides, that such a benefit is payable by it, it
shall so notify the Commissioner of Social Security, and the
Commissioner of Social Security shall certify no further benefits
for payment or shall recompute the amount of any further benefits
payable, as may be required by paragraph (1) of this subsection.
(3) Any agency or wholly owned instrumentality of the United
States which is authorized by any law of the United States to pay
benefits, or has a system of benefits which are based, in whole or
in part, on military or naval service on or after July 25, 1947,
and prior to January 1, 1957, shall, at the request of the
Commissioner of Social Security, certify to the Commissioner, with
respect to any veteran, such information as the Commissioner of
Social Security deems necessary to carry out the Commissioner's
functions under paragraph (2) of this subsection.
(4) For the purposes of this subsection, the term "veteran" means
any individual who served in the active military or naval service
of the United States at any time on or after July 25, 1947, and
prior to January 1, 1957, and who, if discharged or released
therefrom, was so discharged or released under conditions other
than dishonorable after active service of ninety days or more or by
reason of a disability or injury incurred or aggravated in service
in line of duty; but such term shall not include any individual who
died while in the active military or naval service of the United
States if his death was inflicted (other than by an enemy of the
United States) as lawful punishment for a military or naval
offense.
(f) Right to annuity; waiver
(1) In any case where a World War II veteran (as defined in
subsection (d)(2) of this section) or a veteran (as defined in
subsection (e)(4) of this section) has died or shall hereafter die,
and his or her surviving spouse or child is entitled under
subchapter III of chapter 83 of title 5 to an annuity in the
computation of which his or her active military or naval service
was included, clause (B) of subsection (a)(1) of this section or
clause (B) of subsection (e)(1) of this section shall not operate
(solely by reason of such annuity) to make such subsection
inapplicable in the case of any monthly benefit under section 402
of this title which is based on his or her wages and self-
employment income; except that no such surviving spouse or child
shall be entitled under section 402 of this title to any monthly
benefit in the computation of which such service is included by
reason of this subsection (A) unless such surviving spouse or child
after December 1956 waives his or her right to receive such
annuity, or (B) for any month prior to the first month with respect
to which the Director of the Office of Personnel Management
certifies to the Commissioner of Social Security that (by reason of
such waiver) no further annuity will be paid to such surviving
spouse or child under such subchapter III on the basis of such
veteran's military or civilian service. Any such waiver shall be
irrevocable.
(2) Whenever a surviving spouse waives his or her right to
receive such annuity such waiver shall constitute a waiver on his
or her own behalf; a waiver by a legal guardian or guardians, or,
in the absence of a legal guardian, the person (or persons) who has
the child in his or her care, of the child's right to receive such
annuity shall constitute a waiver on behalf of such child. Such a
waiver with respect to an annuity based on a veteran's service
shall be valid only if the surviving spouse and all children, or,
if there is no surviving spouse, all the children, waive their
rights to receive annuities under subchapter III of chapter 83 of
title 5 based on such veteran's military or civilian service.
(g) Appropriation to trust funds
(1) Within thirty days after April 20, 1983, the Commissioner of
Social Security shall determine the amount equal to the excess of -

(A) the actuarial present value as of April 20, 1983, of the
past and future benefit payments from the Federal Old-Age and
Survivors Insurance Trust Fund, the Federal Disability Insurance
Trust Fund, and the Federal Hospital Insurance Trust Fund under
this subchapter and subchapter XVIII of this chapter, together
with associated administrative costs, resulting from the
operation of this section (other than this subsection) and
section 410 of this title as in effect before the enactment of
the Social Security Amendments of 1950, over
(B) any amounts previously transferred from the general fund of
the Treasury to such Trust Funds pursuant to the provisions of
this subsection as in effect immediately before April 20, 1983.
Such actuarial present value shall be based on the relevant
actuarial assumptions set forth in the report of the Board of
Trustees of each such Trust Fund for 1983 under sections 401(c) and
1395i(b) of this title. Within thirty days after April 20, 1983,
the Secretary of the Treasury shall transfer the amount determined
under this paragraph with respect to each such Trust Fund to such
Trust Fund from amounts in the general fund of the Treasury not
otherwise appropriated.
(2) The Commissioner of Social Security shall revise the amount
determined under paragraph (1) with respect to each such Trust Fund
in 1985 and each fifth year thereafter, as determined appropriate
by the Commissioner of Social Security from data which becomes
available to the Commissioner after the date of the determination
under paragraph (1) on the basis of the amount of benefits and
administrative expenses actually paid from such Trust Fund under
this subchapter or subchapter XVIII of this chapter and the
relevant actuarial assumptions set forth in the report of the Board
of Trustees of such Trust Fund for such year under section 401(c)
or 1395i(b) of this title. Within 30 days after any such revision,
the Secretary of the Treasury, to the extent provided in advance in
appropriation Acts, shall transfer to such Trust Fund, from amounts
in the general fund of the Treasury not otherwise appropriated, or
from such Trust Fund to the general fund of the Treasury, such
amounts as the Secretary of the Treasury determines necessary to
take into account such revision.
(h) Determination of veterans status
(1) For the purposes of this section, any individual who the
Commissioner of Social Security finds -
(A) served during World War II (as defined in subsection (d)(1)
of this section) in the active military or naval service of a
country which was on September 16, 1940, at war with a country
with which the United States was at war during World War II;
(B) entered into such active service on or before December 8,
1941;
(C) was a citizen of the United States throughout such period
of service or lost his United States citizenship solely because
of his entrance into such service;
(D) had resided in the United States for a period or periods
aggregating four years during the five-year period ending on the
day of, and was domiciled in the United States on the day of,
such entrance into such active service; and
(E)(i) was discharged or released from such service under
conditions other than dishonorable after active service of ninety
days or more or by reason of a disability or injury incurred or
aggravated in service in line of duty, or
(ii) died while in such service,
shall be considered a World War II veteran (as defined in
subsection (d)(2) of this section) and such service shall be
considered to have been performed in the active military or naval
service of the United States.
(2) In the case of any individual to whom paragraph (1) applies,
proof of support required under section 402(f) or (h) of this title
may be filed at any time prior to the expiration of two years after
the date of such individual's death or August 28, 1958, whichever
is the later.