42 U.S.C. § 431 : US Code - Section 431: Benefits for certain individuals interned by United States during World War II

Search 42 U.S.C. § 431 : US Code - Section 431: Benefits for certain individuals interned by United States during World War II

(a) "Internee" defined
For the purposes of this section the term "internee" means an
individual who was interned during any period of time from December
7, 1941, through December 31, 1946, at a place within the United
States operated by the Government of the United States for the
internment of United States citizens of Japanese ancestry.
(b) Applicability in determining entitlement to and amount of
monthly benefits and lump-sum death payments, and period of
disability; effect of payment of benefits by other agency or
instrumentality of United States
(1) For purposes of determining entitlement to and the amount of
any monthly benefit for any month after December 1972, or
entitlement to and the amount of any lump-sum death payment in the
case of a death after such month, payable under this subchapter on
the basis of the wages and self-employment income of any
individual, and for purposes of section 416(i)(3) of this title,
such individual shall be deemed to have been paid during any period
after he attained age 18 and for which he was an internee, wages
(in addition to any wages actually paid to him) at a weekly rate of
basic pay during such period as follows -
(A) in the case such individual was not employed prior to the
beginning of such period, 40 multiplied by the minimum hourly
rate or rates in effect at any such time under section 206(a)(1)
of title 29, for each full week during such period; and
(B) in the case such individual who was employed prior to the
beginning of such period, 40 multiplied by the greater of (i) the
highest hourly rate received during any such employment, or (ii)
the minimum hourly rate or rates in effect at any such time under
section 206(a)(1) of title 29, for each full week during such
period.
(2) 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 internment
during any period from December 7, 1941, through December 31,
1946, at a place within the United States operated by the
Government of the United States for the internment of United
States citizens of Japanese ancestry, is determined by any agency
or wholly owned instrumentality of the United States 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) 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 such section)
of the individual on whose wages and self-employment income such
benefit or payment is based. The provisions of clause (B) shall
also not apply for purposes of section 416(i)(3) of this title.
(3) Upon application for benefits, a recalculation of benefits
(by reason of this section), or a lump-sum death payment on the
basis of the wages and self-employment income of any individual who
was an internee, the Commissioner of Social Security shall accept
the certification of the Secretary of Defense or his designee
concerning any period of time for which an internee is to receive
credit under paragraph (1) and shall make a decision without regard
to clause (B) of paragraph (2) 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
period for which such individual was an internee, a benefit
described in clause (B) of paragraph (2) has been determined by
such agency or instrumentality to be payable by it. If the
Commissioner of Social Security has not been so notified, the
Commissioner 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 (2) 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 this section.
(4) 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 any period for which any individual was an internee
shall, at the request of the Commissioner of Social Security,
certify to the Commissioner, with respect to any individual who was
an internee, such information as the Commissioner of Social
Security deems necessary to carry out the Commissioner's functions
under paragraph (3) of this subsection.
(c) Authorization of appropriations
There are authorized to be appropriated to the Trust Funds and
the Federal Hospital Insurance Trust Fund for the fiscal year
ending June 30, 1978, such sums as the Commissioner of Social
Security and the Secretary jointly determine would place the Trust
Funds and the Federal Hospital Insurance Trust Fund in the position
in which they would have been if the preceding provisions of this
section had not been enacted.