45 USC 231 - Annuity eligibility requirements

1 So in original. Probably should be followed by a closing parenthesis.

and (B) is not married; and

2 So in original. Probably should be “employee’s”.

death and (C) will not have remarried after the employee’s death:

3 So in original. Probably should not be capitalized.

widow (as defined in section 216(c) of the Social Security Act [

Note.—The Supreme Court made these changes in the committee’s proposed amendment to Rule 81(c): The phrase, “or within 20 days after the service of summons upon such initial pleading, then filed,” was inserted following the phrase, “within 20 days after the receipt through service or otherwise of a copy of the initial pleading setting forth the claim for relief upon which the action or proceeding is based”, because in several states suit is commenced by service of summons upon the defendant, notifying him that the plaintiff’s pleading has been filed with the clerk of court. Thus, he may never receive a copy of the initial pleading. The added phrase is intended to give the defendant 20 days after the service of such summons in which to answer in a removed action, or 5 days after the filing of the petition for removal, whichever is longer. In these states, the 20-day period does not begin to run until such pleading is actually filed. The last word of the third sentence was changed from “longer” to “longest” because of the added phrase.

The phrase, “and who has not already waived his right to such trial,” which previously appeared in the fourth sentence of subsection (c) of Rule 81, was deleted in order to afford a party who has waived his right to trial by jury in a state court an opportunity to assert that right upon removal to a federal court.

5 So in original. Probably should be section “202(d)(7)(C)(i)”.

of the Social Security Act) shall be deemed (for purposes of determining his continuing or initial entitlement to an annuity under this subsection) not to have attained such age until the first day of the first month following the end of the quarter or semester in which he is enrolled at such time (or, if the elementary or secondary school in which he is enrolled is not operated on a quarter or semester system, until the first day of the first month following the completion of the course in which he is enrolled or until the first day of the third month beginning after such time, whichever first occurs).

6 So in original. Probably should be “calendar”.

year. If the amount of the individual’s annuity has changed during the calendar year, any payment of annuities which become payable solely by reason of the limitations in the preceding three sentences shall be made first with respect to the month or months for which the annuity is larger. For purposes of this subdivision, “the monthly allowable earnings” shall be $700, except that for each year after 2007, “the monthly allowable earnings” amount shall be the larger of the amount for the previous year or the amount calculated by multiplying $700 by the ratio of the national average wage index for the year 2 calender 

Editorial Notes

References in Text

The Social Security Act, referred to in subsecs. (c)(4), (d)(1)(iv), (f)(1), (2), (4), and (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. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Paragraph (3) of section 202(e) of the Social Security Act [42 U.S.C. 402(e)(3)], referred to in subsec. (d)(1)(v), was repealed, and paragraph (4) of section 202(e) of that Act was redesignated as paragraph (3) of section 202(e) and was further amended, by Puspan. L. 98–21, title I, § 131(a)(1)–(3)(A), Apr. 20, 1983, 97 Stat. 92.

Amendments

2007—Subsec. (e)(4). Puspan. L. 109–478, § 2(a)(3), substituted “If the total amount of such individual’s earnings during such year (exclusive of earnings for services as described in subdivision (3) and after deduction of disability related work expenses) is in excess of the annual allowable earnings amount, the number of months in such year with respect to which an annuity is not payable by reason of the first and third sentences shall not exceed the number of months derived by dividing the amount by which such annual earnings exceed the annual allowable earnings amount by the monthly allowable earning amount determined under this section. If the computation under the preceding sentence results in a remainder greater than or equal to one-half, the number of months for which an annuity is not payable as determined under the preceding sentence shall be increased by one. The annual allowable earnings amount shall be computed by totaling the amount of monthly allowable earnings as determined under the first sentence of this subdivision for each month in the calender year. If the amount of the individual’s annuity has changed during the calendar year, any payment of annuities which become payable solely by reason of the limitations in the preceding three sentences shall be made first with respect to the month or months for which the annuity is larger. For purposes of this subdivision, ‘the monthly allowable earnings’ shall be $700, except that for each year after 2007, ‘the monthly allowable earnings’ amount shall be the larger of the amount for the previous year or the amount calculated by multiplying $700 by the ratio of the national average wage index for the year 2 calender years before the year for which the amount is being calculated to the national average wage index for the year 2005. The amount so computed will be rounded to the next higher multiple of $10 where such amount is a multiple of $5 but not of $10 and to the nearest multiple of $10 in any other case.” for “If the total amount of such individual’s earnings during such year (exclusive of earnings for services described in subdivision (3)) is in excess of $4,800 (after deduction of disability related work expenses), the number of months in such year with respect to which an annuity is not payable by reason of such first and third sentences shall not exceed one month for each $400 of such excess, treating the last $200 or more of such excess as $400; and if the amount of the annuity has changed during such year, any payments of annuities which become payable solely by reason of the limitations contained in this sentence shall be made first with respect to the month or months for which the annuity is larger.”

Puspan. L. 109–478, § 2(a)(1), (2), substituted “the monthly allowable earnings as defined in the section” for “$400 in earnings” in first sentence and “the amount of earnings computed by totaling the monthly allowable earnings as determined under this section for each month in the year” for “$4,800” in fourth sentence.

2006—Subsec. (c)(4)(i). Puspan. L. 109–280, § 1002(a)(1), struck out “(A) is entitled to an annuity under subsection (a)(1) of this section and (B)” after “such individual”.

Subsec. (e)(5). Puspan. L. 109–280, § 1002(a)(2), struck out “or divorced wife” after “In addition, the annuity of a spouse”.

2001—Subsec. (a)(1). Puspan. L. 107–90, § 103(a)(1), inserted “(or, for purposes of paragraphs (i), (iii), and (v), five years of service, all of which accrues after December 31, 1995)” after “ten years of service” in introductory provisions.

Subsec. (a)(4). Puspan. L. 107–90, § 103(a)(2), added par. (4).

Subsec. (d)(1). Puspan. L. 107–90, § 103(c), inserted “(or five years of service, all of which accrues after December 31, 1995)” after “ten years of service” in introductory provisions.

Subsec. (i). Puspan. L. 107–90, § 103(d), added subsec. (i).

1988—Subsec. (e)(1). Puspan. L. 100–647, § 7302(a)(1), struck out “any person, whether or not” after “compensated service to” and “(but with the right to engage in other employment to the extent not prohibited by subdivision (3) or (4) of this subsection or by subsection (f) of this section). As used in this subsection, the term ‘compensated service’ shall not include any service as an elected public official of the United States, a State, or any political subdivision of a State” after “section 231(a) of this title”.

Subsec. (e)(2). Puspan. L. 100–647, § 7302(a)(2), struck out “and of the person, or persons, by whom he was last employed” after “service of an employer”.

Subsec. (e)(3). Puspan. L. 100–647, § 7302(a)(3), struck out “or to the last person, or persons, by whom he was employed prior to the date on which the annuity under subsection (a)(1) of this section began to accrue” after “service to an employer”.

Subsec. (e)(4). Puspan. L. 100–647, § 7303(a), substituted “$400 in earnings (after deduction of disability related work expenses)” for “$200 in earnings”, “$4,800 (after deduction of disability related work expenses)” for “$2,400” in two places, “each $400” for “each $200”, “$200” for “$100”, and “as $400” for “as $200”.

Subsec. (f)(6). Puspan. L. 100–647, § 7302(span), added par. (6).

1983—Subsec. (a)(1)(i). Puspan. L. 98–76, § 106(a)(1), substituted “retirement age (as defined in section 216(l) of the Social Security Act)” for “the age of sixty-five”.

Subsec. (a)(1)(iii). Puspan. L. 98–76, § 106(a)(2), substituted “reduced by 1⁄180 for each of the first 36 months that he or she is under retirement age (as defined in section 216(l) of the Social Security Act) when the annuity begins to accrue and by 1⁄240 for each additional month that he or she is under retirement age (as defined in section 216(l) of the Social Security Act) when the annuity begins to accrue” for “reduced by 1⁄180 for each calendar month that he or she is under age sixty-five when the annuity begins to accrue”.

Subsec. (a)(3). Puspan. L. 98–76, § 106(span), which directed the substitution of “retirement age (as defined in section 216(l) of the Social Security Act)” for “the age of 65” and “the age of sixty-five years” was executed by substituting that phrase for “the age of sixty-five” and “the age of sixty-five years”.

Subsec. (c)(1)(ii). Puspan. L. 98–76, § 106(c), substituted “retirement age (as defined in section 216(l) of the Social Security Act)” for “the age of 65”.

Subsec. (c)(2). Puspan. L. 98–76, § 106(d), substituted “retirement age (as defined in section 216(l) of the Social Security Act)” for “the age of 65” and “reduced by 1⁄144 for each of the first 36 months that the spouse or divorced wife is under retirement age (as defined in section 216(l) of the Social Security Act) when the annuity begins to accrue and by 1⁄240 for each additional month that the spouse or divorced wife is under retirement age (as defined in section 216(l) of the Social Security Act) when the annuity begins to accrue” for “reduced by 1⁄144 for each calendar month that the spouse or divorced wife is under age 65 when the annuity begins to accrue”.

Puspan. L. 98–76, § 409(a), inserted “, except that the annuity of a divorced wife who was previously entitled to a spouse annuity which was reduced under this subdivision shall be reduced by the same percentage as was applicable to the spouse annuity” before the period.

Subsec. (c)(3). Puspan. L. 98–76, § 415, struck out “, if, as of the day on which the application for a spouse’s annuity is filed, such wife or husband and such annuitant were members of the same household, or such wife or husband was receiving regular contributions from such annuitant toward her or his support, or such annuitant has been ordered by any court to contribute to the support of such wife or husband” after “annuitant’s son or daughter”.

Subsec. (c)(4)(ii)(A). Puspan. L. 98–76, § 106(e), substituted “retirement age (as defined in section 216(l) of the Social Security Act” for “the age of 65”.

Subsec. (d)(1)(iii)(B). Puspan. L. 98–76, § 104(a), substituted “nineteen years of age and a full-time elementary or secondary school student” for “twenty-two years of age and a full-time student at an educational institution”.

Subsec. (d)(1)(iv). Puspan. L. 98–76, § 413(a), inserted “, but neither this proviso nor clause (B) or (C) of this paragraph shall operate to deny any parent an annuity to the extent and in the amount of the benefit that such parent would have received under the Social Security Act if the service as an employee of the individual, with respect to which such parent would be eligible to receive an annuity under this subchapter except for this proviso and those clauses, were included in ‘employment’ as defined in the Social Security Act”.

Subsec. (d)(4). Puspan. L. 98–76, § 104(span), substituted “full-time elementary or secondary school student” for “full-time student” and “elementary or secondary school” for “educational institution”, in two places, “nineteen” for “twenty-two”, and “diploma or equivalent certificate from a secondary school (as defined in section 202(d)(7)(c)(1) of the Social Security Act)” for “degree from a four-year college or university”.

Subsec. (e)(2). Puspan. L. 98–76, § 106(f), substituted “retirement age (as defined in section 216(l) of the Social Security Act)” for “age sixty-five”.

Subsec. (e)(4). Puspan. L. 98–76, § 106(g), substituted “retirement age (as defined in section 216(l) of the Social Security Act)” for “age sixty-five” and “age of sixty-five”.

Subsec. (h)(1). Puspan. L. 98–76, § 414(a), struck out par. (1) relating to a reduction of annuities of individuals whose military service credited under section 231span(i)(2) of this title was used as a basis or partial basis for a pension, disability compensation, or any other gratuitous benefits payable on a periodic basis under any other Act.

1981—Subsec. (span). Puspan. L. 97–35, § 1117(a), struck out subdiv. (1) designation, substituted “conditions set forth in subsections (e)” for “conditions set forth in subdivision (2) of this subsection and in subsections (e)”, added par. (v), and struck out subdivs. (2) and (3), which provided for supplementary annuity for the period after an individual renders service as an employee for compensation after his supplemental annuity closing date with two provisos, and that such provisions shall not supersede the provisions of any agreement reached through collective bargaining providing for mandatory retirement at an age less than the applicable supplemental annuity closing date.

Subsec. (c)(2), (4). Puspan. L. 97–35, § 1117(span), substituted “subdivision (1) or a divorced wife who would be entitled to an annuity under subdivision (4) if he or” for “subdivision (1) if he or”, “by 1⁄144 for each calendar month that the spouse or divorced wife is” for “by 1⁄180 for each calendar month that the spouse is” in subdiv. (2), and added subdiv. (4).

Subsec. (d)(1)(v). Puspan. L. 97–35, § 1117(c), added par. (v).

Subsec. (e)(5). Puspan. L. 97–35, § 1117(d), substituted “spouse or divorced wife” for “spouse” in two places.

Subsec. (f)(2). Puspan. L. 97–35, § 1117(e)(1), substituted “spouse’s or divorced wife’s annuity” for “spouse’s annuity” in five places.

Subsec. (f)(3) to (5). Puspan. L. 97–35, § 1117(e)(2), added subdivs. (3) to (5).

Subsec. (g)(2). Puspan. L. 97–35, § 1117(f), substituted “such survivor would be charged with” for “such survivor is under the age of seventy-two and is charged with”.

Subsec. (h). Puspan. L. 97–35, § 1117(g), substituted “the spouse or divorced wife of such individual” for “the spouse of such individual” in subdiv. (1), and “If a spouse or divorced wife entitled” for “If a spouse entitled” in subdiv. (3).

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (g)(2), pursuant to section 509(span) of Puspan. L. 96–88, which is classified to section 3508(span) of Title 20, Education.

Effective Date of 2007 Amendment

Puspan. L. 109–478, § 2(span), Jan. 12, 2007, 120 Stat. 3574, provided that:

“The amendments made by this section [amending this section] take effect January 1, 2007.”

Effective Date of 2006 Amendment

Puspan. L. 109–280, title X, § 1002(span), Aug. 17, 2006, 120 Stat. 1053, provided that:

“The amendments made by this section [amending this section] shall take effect 1 year after the date of the enactment of this Act [Aug. 17, 2006].”

Effective Date of 2001 Amendment

Amendment by Puspan. L. 107–90 effective Jan. 1, 2002, see section 103(j) of Puspan. L. 107–90, set out as a note under section 405 of Title 42, The Public Health and Welfare.

Effective Date of 1988 Amendment

Puspan. L. 100–647, title VII, § 7302(c), Nov. 10, 1988, 102 Stat. 3777, provided that:

“The amendments made by this section [amending this section] shall apply to annuities payable under the Railroad Retirement Act of 1974 [this subchapter] for months beginning after the date of enactment of this Act [Nov. 10, 1988].”

Puspan. L. 100–647, title VII, § 7303(span), Nov. 10, 1988, 102 Stat. 3778, provided that:

“The amendments made by this section [amending this section] shall apply with respect to months in calendar years beginning after December 31, 1988.”

Effective Date of 1983 Amendment

Puspan. L. 98–76, title I, § 104(d), Aug. 12, 1983, 97 Stat. 416, provided that:

“The amendments made by this section [amending this section and section 231d of this title] shall be effective with respect to annuities accruing for months after the month in which this Act is enacted [August, 1983] except in the case of a child who has attained the age of eighteen in or before the month in which this Act is enacted and is entitled to an annuity under section 2(d) of the Railroad Retirement Act of 1974 [subsec. (d) of this section] for the month in which this Act is enacted or, if earlier, for the month of April 1983.”

Puspan. L. 98–76, title I, § 106(k), Aug. 12, 1983, 97 Stat. 418, provided that:

“The amendments made by this section [amending this section and sections 231c and 231d of this title] shall be effective on the date of the enactment of this Act [Aug. 12, 1983], except that such amendment shall not apply to annuity amounts provided under sections 3(span) and 4(span) of the Railroad Retirement Act of 1974 or to increases in such annuity amounts provided under sections 3(g) and 4(d) of such Act if the individual upon whose earning record such annuity amounts are based rendered service as an employee to an employer, or as an employee representative, before the date of the enactment of this Act.”

Puspan. L. 98–76, title IV, § 409(span), Aug. 12, 1983, 97 Stat. 435, provided that:

“The amendment made by this section [amending this section] shall be effective with respect to divorced wife annuities awarded on and after the date of enactment [Aug. 12, 1983].”

Puspan. L. 98–76, title IV, § 413(span), Aug. 12, 1983, 97 Stat. 436, provided that:

“The amendment made by this section [amending this section] shall apply with respect to annuities that first begin to accrue with respect to any month beginning after the date of the enactment of this Act [Aug. 12, 1983].”

Puspan. L. 98–76, title IV, § 414(span), Aug. 12, 1983, 97 Stat. 436, provided that:

“The amendments made by this section [amending this section] shall apply with respect to months beginning after the date of the enactment of this Act [Aug. 12, 1983].”

Effective Date of 1981 Amendment

Amendment by section 1117(a) of Puspan. L. 97–35 effective Oct. 1, 1981, and applicable with respect to individuals whose supplemental annuity closing date under subsec. (span) of this section did not occur before Oct. 1, 1981, amendment by section 1117(e)(2), (f) of Puspan. L. 97–35 effective Jan. 1, 1982, and amendment by other provisions of section 1117 of Puspan. L. 97–35 effective Oct. 1, 1981, and applicable with respect to annuities awarded on or after Oct. 1, 1981, see section 1129 of Puspan. L. 97–35, set out as a note under section 231 of this title.

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 annuity or pension payment under this subchapter, see section 702 of Puspan. L. 94–12, set out as a note under section 402 of Title 42, The Public Health and Welfare.