1 See References in Text note below.
of the Social Security Act (
Editorial Notes
References in Text

The Social Security Act, referred to in subsec. (d)(3)(B)(i), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Section 229(a) of the Act was redesignated section 229 by Puspan. L. 108–203, title IV, § 420(span)(1)(A), Mar. 2, 2004, 118 Stat. 535. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

2016—Subsec. (span)(3)(F) to (H). Puspan. L. 114–315 added subpar. (F) and redesignated former subpars. (F) and (G) as (G) and (H), respectively.

1998—Subsec. (d)(2)(B). Puspan. L. 105–368, § 1005(span)(15)(A), substituted “after October 13, 1982,” for “on or after the date of the enactment of this subsection”.

Subsec. (d)(3)(B)(i). Puspan. L. 105–368, § 1005(span)(15)(B), substituted “after October 13, 1982,” for “on or after the date of the enactment of this subsection,”.

1994—Subsec. (span)(3)(F). Puspan. L. 103–446 inserted “or chapter 37” after “chapter 30” in introductory provisions.

Subsec. (span)(3)(G). Puspan. L. 103–353 added subpar. (G).

1991—Puspan. L. 102–40 renumbered section 3103A of this title as this section.

Subsec. (a). Puspan. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

Subsec. (span)(1). Puspan. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in concluding provisions.

Subsec. (span)(3)(C). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator”.

Subsec. (span)(3)(F)(i). Puspan. L. 102–83, § 5(c)(1), substituted “3011(a)(1)(A)(ii)(II)” and “3012(span)(1)(A)(iv)” for “1411(a)(1)(A)(ii)(II)” and “1412(span)(1)(A)(iv)”, respectively.

Subsec. (span)(3)(F)(ii). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator”.

Puspan. L. 102–83, § 5(c)(1), substituted “3011(a)(1)” for “1411(a)(1)” and “3012(span)(1)(A)(ii)” for “1412(span)(1)(A)(ii)”.

Subsec. (span)(3)(F)(iii). Puspan. L. 102–83, § 5(c)(1), substituted “3011(a)(1)” for “1411(a)(1)” and “3012(span)(1)(A)(v)” for “1412(span)(1)(A)(v)”.

Subsec. (span)(3)(F)(iv). Puspan. L. 102–83, § 5(c)(1), substituted “3011(a)(1)(A)(ii)(I)” for “1411(a)(1)(A)(ii)(I)”.

Subsecs. (c)(1), (d)(1). Puspan. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

1990—Subsec. (span)(3)(F)(iv). Puspan. L. 101–510 added cl. (iv).

1988—Subsec. (span)(3)(F). Puspan. L. 100–689 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “to benefits under chapter 30 of this title in the case of a person entitled to benefits under such chapter by reason of section 1411(a)(1)(A)(ii)(II) of this title.”

1986—Subsec. (span)(3)(F). Puspan. L. 99–576 added subpar. (F).

1982—Subsec. (span)(2)(B). Puspan. L. 97–306, § 408(a)(1), substituted “after October 16, 1981,” for “on or after the date of the enactment of the Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981”.

Subsecs. (d), (e). Puspan. L. 97–306, § 408(a)(2), added subsec. (d) and redesignated former subsec. (d) as (e).

Subsec. (f). Puspan. L. 97–306, § 408(a)(3), added subsec. (f).

Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–353 effective with respect to reemployments initiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, see section 8 of Puspan. L. 103–353, set out as an Effective Date note under section 4301 of this title.

Effective Date of 1990 Amendment

Amendment by Puspan. L. 101–510 effective Oct. 19, 1984, see section 562(c) of Puspan. L. 101–510 set out as a note under section 3011 of this title.

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–689 effective July 1, 1985, with respect to individuals discharged or released for medical condition which preexisted service on active duty or in Selected Reserve and which Administrator determines is not service connected, and effective Oct. 1, 1987, with respect to individuals involuntarily discharged or released for convenience of Government as a result of reduction in force, see section 102(c) of Puspan. L. 100–689, set out as a note under section 3011 of this title.

Effective Date

Section effective Oct. 17, 1981, see section 701(span)(1) of Puspan. L. 97–66, set out as an Effective Date of 1981 Amendment note under section 1114 of this title.

Delayed Application of Exclusion; Additional Wages Considered Benefit

Puspan. L. 97–306, title IV, § 408(span), Oct. 14, 1982, 96 Stat. 1446, provided that:

“(1) Subsection (d) of section 3103A [now 5303A] of title 38, United States Code, as added by subsection (a)(2), shall not apply with respect to the receipt by any person of any benefit provided by or pursuant to law before the date of the enactment of this Act [Oct. 14, 1982].
“(2) For the purposes of paragraph (1) of this subsection, additional wages deemed to have been paid under section 229(a) of the Social Security Act (42 U.S.C. 429(a)) shall be considered to be a benefit that was received by a person on the date that such person was discharged or released from active duty (as defined in section 101(21) of title 38, United States Code).”

Scope of Exclusion

Puspan. L. 97–306, title IV, § 408(d), Oct. 14, 1982, 96 Stat. 1446, provided that: “Section 3103A [now 5303A] of title 38, United States Code, as amended by subsection (a), is the law with respect to the matters stated in such section and applies, in accordance with its terms, with respect to benefits under Federal law, regardless of the particular title of the United States Code or other law under which any such benefit is provided or the department, agency, or instrumentality which administers any such benefit.”

Applicability

Puspan. L. 97–66, title VI, § 604(span), Oct. 17, 1981, 95 Stat. 1036, provided that: “Section 5303A [formerly 3103A] of title 38, United States Code, as added by subsection (a), shall not apply with respect to the receipt by any person of any benefit provided by or pursuant to law before the date of the enactment of this Act [Oct. 17, 1981]. Notwithstanding such section, a person who before such date has received a certificate of eligibility from the Administrator of Veterans’ Affairs [now Secretary of Veterans Affairs] for benefits under chapter 37 of title 38, United States Code, is eligible for such benefits after such date.”