42 U.S.C. § 1320b-13 : US Code - Section 1320B-13: Social security account statements

Search 42 U.S.C. § 1320b-13 : US Code - Section 1320B-13: Social security account statements

(a) Provision upon request
(1) Beginning not later than October 1, 1990, the Commissioner of
Social Security shall provide upon the request of an eligible
individual a social security account statement (hereinafter
referred to as the "statement").
(2) Each statement shall contain -
(A) the amount of wages paid to and self-employment income
derived by the eligible individual as shown by the records of the
Commissioner at the date of the request;
(B) an estimate of the aggregate of the employer, employee, and
self-employment contributions of the eligible individual for old-
age, survivors, and disability insurance as shown by the records
of the Commissioner on the date of the request;
(C) a separate estimate of the aggregate of the employer,
employee, and self-employment contributions of the eligible
individual for hospital insurance as shown by the records of the
Commissioner on the date of the request; and
(D) an estimate of the potential monthly retirement,
disability, survivor, and auxiliary benefits payable on the
eligible individual's account together with a description of the
benefits payable under the medicare program of subchapter XVIII
of this chapter.
(3) For purposes of this section, the term "eligible individual"
means an individual who -
(A) has a social security account number,
(B) has attained age 25 or over, and
(C) has wages or net earnings from self-employment.
(b) Notice to eligible individuals
The Commissioner shall, to the maximum extent practicable, take
such steps as are necessary to assure that eligible individuals are
informed of the availability of the statement described in
subsection (a) of this section.
(c) Mandatory provision of statements
(1) By not later than September 30, 1995, the Commissioner shall
provide a statement to each eligible individual who has attained
age 60 by October 1, 1994, and who is not receiving benefits under
subchapter II of this chapter and for whom a current mailing
address can be determined through such methods as the Commissioner
determines to be appropriate. In fiscal years 1995 through 1999 the
Commissioner shall provide a statement to each eligible individual
who attains age 60 in such fiscal years and who is not receiving
benefits under subchapter II of this chapter and for whom a current
mailing address can be determined through such methods as the
Commissioner determines to be appropriate. The Commissioner shall
provide with each statement to an eligible individual notice that
such statement is updated annually and is available upon request.
(2) Beginning not later than October 1, 1999, the Commissioner
shall provide a statement on an annual basis to each eligible
individual who is not receiving benefits under subchapter II of
this chapter and for whom a mailing address can be determined
through such methods as the Commissioner determines to be
appropriate. With respect to statements provided to eligible
individuals who have not attained age 50, such statements need not
include estimates of monthly retirement benefits. However, if such
statements provided to eligible individuals who have not attained
age 50 do not include estimates of retirement benefit amounts, such
statements shall include a description of the benefits (including
auxiliary benefits) that are available upon retirement.
(d) Disclosure to governmental employees of effect of noncovered
employment
(1) In the case of any individual commencing employment on or
after January 1, 2005, in any agency or instrumentality of any
State (or political subdivision thereof, as defined in section
418(b)(2) of this title) in a position in which service performed
by the individual does not constitute "employment" as defined in
section 410 of this title, the head of the agency or
instrumentality shall ensure that, prior to the date of the
commencement of the individual's employment in the position, the
individual is provided a written notice setting forth an
explanation, in language calculated to be understood by the average
individual, of the maximum effect on computations of primary
insurance amounts (under section 415(a)(7) of this title) and the
effect on benefit amounts (under section 402(k)(5) of this title)
of monthly periodic payments or benefits payable based on earnings
derived in such service. Such notice shall be in a form which shall
be prescribed by the Commissioner of Social Security.
(2) The written notice provided to an individual pursuant to
paragraph (1) shall include a form which, upon completion and
signature by the individual, would constitute certification by the
individual of receipt of the notice. The agency or instrumentality
providing the notice to the individual shall require that the form
be completed and signed by the individual and submitted to the
agency or instrumentality and to the pension, annuity, retirement,
or similar fund or system established by the governmental entity
involved responsible for paying the monthly periodic payments or
benefits, before commencement of service with the agency or
instrumentality.