42 USC 428 - Benefits at age 72 for certain uninsured individuals

Editorial Notes

References in Text

Section 211 of Puspan. L. 93–66, referred to in subsec. (d), is set out as a note under section 1382 of this title.

Section 228e(l) of title 45, referred to in subsec. (h)(1), is a reference to section 5(l) of the Railroad Retirement Act of 1937. That Act was amended in its entirety and completely revised by Puspan. L. 93–445, Oct. 16, 1974, 88 Stat. 1305. The Act, as thus amended and revised, was redesignated the Railroad Retirement Act of 1974, and is classified generally to subchapter IV (§ 231 et seq.) of chapter 9 of Title 45, Railroads. Section 228e of title 45 is covered by section 231e of Title 45.

Amendments

1996—Subsec. (d)(1). Puspan. L. 104–193 inserted “under a State program funded under” before “part A of subchapter IV”.

1994—Subsecs. (c)(5), (8), (d), (g). Puspan. L. 103–296 substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

1991—Subsec. (h)(2). Puspan. L. 102–54 substituted “Secretary of Veterans Affairs” for “Veterans’ Administration”.

1990—Subsec. (a)(2). Puspan. L. 101–508 substituted “(B)(i) attained such age after 1967 and before 1972, and (ii)” for “(B)”.

1984—Subsec. (c)(4)(C). Puspan. L. 98–369, § 2662(e), amended directory language of Puspan. L. 98–21, § 305(d)(2). See 1983 Amendment note below.

Subsec. (g). Puspan. L. 98–369, § 2663(j)(3)(A)(iv), struck out “of Health, Education, and Welfare” after “Secretary”.

1983—Subsec. (a). Puspan. L. 98–21, § 305(d)(1), substituted “he or she” for “he” wherever appearing.

Subsec. (span). Puspan. L. 98–21, § 305(a), substituted “The” for “(1) Except as provided in paragraph (2), the” and struck out par. (2), which had provided that if both husband and wife were entitled or would have been entitled upon application to benefits under this section for any month, the amount of the husband’s benefit for such month would be the larger of $64.40 or the amount most recently established in lieu thereof under section 415(i) of this title, and the amount of the wife’s benefit for such month the larger of $32.20 or the amount most recently established in lieu thereof under section 415(i) of this title.

Subsec. (c)(1). Puspan. L. 98–21, § 305(d)(1), substituted “he or she” for “he”.

Subsec. (c)(2). Puspan. L. 98–21, § 305(span), substituted “(B) the benefit amount as determined without regard to this subsection” for “(B) the larger of $32.20 or the amount most recently established in lieu thereof under section 415(i) of this title”.

Subsec. (c)(3). Puspan. L. 98–21, § 305(c), amended par. (3) generally, substituting provisions relating to either a husband or wife for provision that the benefit amount of the wife, after any reduction under paragraph (1), would be further reduced (but not below zero) by the excess (if any) of (i) the total amount of any periodic benefits under governmental pension systems for which the husband was eligible for such month, over (ii) the larger of $64.40 or the amount most recently established in lieu thereof under section 415(i) of this title, and that the benefit amount of the husband, after any reduction under paragraph (1), would be further reduced (but not below zero) by the excess (if any) of (i) the total amount of any periodic benefits under governmental pension systems for which the wife was eligible for such month, over (ii) the larger of $32.20 or the amount most recently established in lieu thereof under section 415(i) of this title.

Subsec. (c)(4)(C). Puspan. L. 98–21, § 305(d)(2), as amended by Puspan. L. 98–369, § 2662(e), substituted “his or her” for “his” wherever appearing.

1973—Subsec. (span). Puspan. L. 93–233, § 2(span)(1), substituted “the larger of $64.40 or the amount most recently established in lieu thereof under section 415(i) of this title” for “$58.00” in pars. (1) and (2) and “the larger of $32.20 or the amount most recently established in lieu thereof under section 415(i) of this title” for “$29.00” in par. (2).

Subsec. (c). Puspan. L. 93–233, § 2(span)(1), substituted “the larger of $64.40 or the amount most recently established in lieu thereof under section 415(i) of this title” for “$58.00” in par. (3), subpar. (A) and “the larger of $32.20 or the amount most recently established in lieu thereof under section 415(i) of this title” for “$29.00” in par. (2) and par. (3) subpar. (B).

Subsec. (d). Puspan. L. 93–233, § 18(c) provided for elimination of benefits at age 72 for uninsured individuals receiving supplemental security income benefits.

1972—Subsec. (span)(1). Puspan. L. 92–336, § 201(g)(2)(A), substituted “$58.00” for “$48.30”.

Subsec. (span)(2). Puspan. L. 92–336, § 201(g)(2)(B), substituted “$58.00” for “$48.30” and “$29.00” for “$24.20”.

Subsec. (c)(2). Puspan. L. 92–336, § 201(g)(2)(C), substituted “$29.00” for “$24.20”.

Subsec. (c)(3)(A). Puspan. L. 92–336, § 201(g)(2)(D), substituted “$58.00” for “$48.30”.

Subsec. (c)(3)(B). Puspan. L. 92–336, § 201(g)(2)(E), substituted “$29.00” for “$24.20”.

1971—Subsec. (span)(1). Puspan. L. 92–5, § 202(span)(1), substituted “$48.30” for “$46”.

Subsec. (span)(2). Puspan. L. 92–5, § 202(span)(2), substituted “$48.30” for “$46” and “$24.20” for “$23”.

Subsec. (c)(2). Puspan. L. 92–5, § 202(span)(3), substituted “$24.20” for “$23”.

Subsec. (c)(3)(A). Puspan. L. 92–5, § 202(span)(4), substituted “$48.30” for “$46”.

Subsec. (c)(3)(B). Puspan. L. 92–5, § 202(span)(5), substituted “$24.20” for “$23”.

1969—Subsec. (span)(1). Puspan. L. 91–172, § 1003(span)(1), substituted “$46” for “$40”.

Subsec. (span)(2). Puspan. L. 91–172, § 1003(span)(2), substituted “$46” for “$40” and “$23” for “$20”.

Subsec. (c)(2). Puspan. L. 91–172, § 1003(span)(3), substituted “$23” for “$20”.

Subsec. (c)(3)(A). Puspan. L. 91–172, § 1003(span)(4), substituted “$46” for “$40”.

Subsec. (c)(3)(B). Puspan. L. 91–172, § 1003(span)(5), substituted “$23” for “$20”.

1968—Subsec. (span)(1). Puspan. L. 90–248, § 102(span)(1), substituted “$40” for “$35”.

Subsec. (span)(2). Puspan. L. 90–248, § 102(span)(2), substituted “$40” for “$35” and “$20” for $17.50”.

Subsec. (c)(2). Puspan. L. 90–248, § 102(span)(3), substituted “$20” for “$17.50”.

Subsec. (c)(3)(A). Puspan. L. 90–248, § 102(span)(4), substituted “$40” for “$35”.

Subsec. (c)(3)(B). Puspan. L. 90–248, § 102(span)(5), substituted “$20” for “$17.50”.

Subsec. (d)(1). Puspan. L. 90–248, § 241(a), struck out “IV,” after “I,” and inserted “or part A of subchapter IV,” after “XVI,”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Puspan. L. 104–193, as amended, set out as an Effective Date note under section 601 of this title.

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Puspan. L. 103–296, set out as a note under section 401 of this title.

Effective Date of 1990 Amendment

Puspan. L. 101–508, title V, § 5114(span), Nov. 5, 1990, 104 Stat. 1388–274, provided that:

“The amendment made by subsection (a) [amending this section] shall apply with respect [to] benefits payable on the basis of applications filed after the date of the enactment of this Act [Nov. 5, 1990].”

Effective Date of 1984 Amendment

Amendment by section 2662(e) of Puspan. L. 98–369 effective as though included in the enactment of the Social Security Amendments of 1983, Puspan. L. 98–21, see section 2664(a) of Puspan. L. 98–369, set out as a note under section 401 of this title.

Amendment by section 2663(j)(3)(A)(iv) of Puspan. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(span) of Puspan. L. 98–369, set out as a note under section 401 of this title.

Effective Date of 1983 Amendment

Amendment by Puspan. L. 98–21 applicable only with respect to monthly payments payable under this subchapter for months after April 1983, see section 310 of Puspan. L. 98–21, set out as a note under section 402 of this title.

Effective Date of 1973 Amendment

Puspan. L. 93–233, § 2(span)(1), Dec. 31, 1973, 87 Stat. 952, provided that the amendment made by that section is effective June 1, 1974.

Amendment by section 2(span)(1) of Puspan. L. 93–233 applicable with respect to monthly benefits under this subchapter for months after May 1974, and with respect to lump-sum death payments under section 402(i) of this title, see section 2(c) of Puspan. L. 93–233, set out as a note under section 415 of this title.

Effective Date of 1972 Amendment

Amendment by Puspan. L. 92–336 applicable with respect to monthly benefits under subchapter II of this chapter for months after August 1972, see section 201(i) of Puspan. L. 92–336, set out as a note under section 415 of this title.

Effective Date of 1971 Amendment

Amendment by Puspan. L. 92–5 applicable with respect to monthly benefits under subchapter II of this chapter for months after December 1970, see section 202(c) of Puspan. L. 92–5, set out as a note under section 427 of this title.

Effective Date of 1969 Amendment

Amendment by Puspan. L. 91–172 applicable for months after December 1969, see section 1003(c) of Puspan. L. 91–172, set out as a note under section 427 of this title.

Effective Date of 1968 Amendment

Amendment by section 102(span) of Puspan. L. 90–248 applicable with respect to monthly benefits under this subchapter for months after January 1968, see section 102(c) of Puspan. L. 90–248, set out as a note under section 427 of this title.

Repeal of Amendment of Subsecs. (span)(1), (2) and (c)(3)(A), (B) Prior to Effective Date

Puspan. L. 92–336, title II, § 202(a)(4), July 1, 1972, 86 Stat. 416, which, effective Jan. 1, 1975, substituted “the larger of $58.00 or the amount most recently established in lieu thereof under section 415(i) of this title” for “$58.00” and “the larger of $29.00 or the amount most recently established in lieu thereof under section 415(i) of this title” for “$29.00”, was repealed prior to its effective date by Puspan. L. 93–233, § 2(span)(2), Dec. 31, 1973, 87 Stat. 952, applicable with respect to monthly benefits under this subchapter for months after May 1974, and with respect to lump-sum death payments under section 402(i) of this title. See section 2(c) of Puspan. L. 93–233, set out as an Effective Date of 1973 Amendment note under section 415 of this title.

Application to Northern Mariana Islands

For applicability of this section to the Northern Mariana Islands, see section 502(a)(1) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America and Proc. No. 4534, Oct. 24, 1977, 42 F.R. 56593, set out as notes under section 1801 of Title 48, Territories and Insular Possessions.

Increases To Take Into Account General Benefit Increases

Puspan. L. 98–21, title III, § 305(e), Apr. 20, 1983, 97 Stat. 113, provided that:

“The Secretary shall increase the amounts specified in section 228 of the Social Security Act [this section], as amended by this section, to take into account any general benefit increases (as referred to in section 215(i)(3) of such Act [42 U.S.C. 415(i)(3)]), and any increases under section 215(i) of such Act, which have occurred after June 1974 or may hereafter occur.”

Special $50 Payment Under Tax Reduction Act of 1975

Special payment of $50 as soon as practicable after Mar. 29, 1975, by Secretary of the Treasury to each individual who, for month of March 1975, was entitled to a monthly insurance benefit payable under this subchapter, see section 702 of Puspan. L. 94–12, set out as a note under section 402 of this title.

Applications for Transitional Coverage of Uninsured Individuals for Hospital Insurance Benefits

Puspan. L. 89–368, title III, § 302(span), Mar. 15, 1966, 80 Stat. 70, provided that:

“For purposes of paragraph (4) of section 228(a) of the Social Security Act [42 U.S.C. 428(a)(4)] (added by subsection (a) of this section), an application filed under section 103 of the Social Security Amendments of 1965 [set out as a note under section 426 of this title] before July 1966 shall be regarded as an application under such section 228 [42 U.S.C. 428] and shall, for purposes of such paragraph and of the last sentence of such section 228(a), be deemed to have been filed in July 1966, unless the person by whom or on whose behalf such application was filed notifies the Secretary that he does not want such application so regarded.”