The Social Security Act, referred to in subsecs. (a)(1), (d)(3), (e)(1), (2), (4), (f)(1), (2)(ii), (g)(4), (7) to (10), (h)(1), and (i)(1), (3), 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. Sections 202(e)(7), 202(f)(2), and 202(g)(4) of the Act probably mean subsecs. (e)(7), (f)(2), and (g)(4) of section 202 of the Act as classified to subsecs. (e)(7), (f)(2), and (g)(4) of section 402 of Title 42, respectively, prior to repeal by Puspan. L. 108–203, title IV, § 418(span)(3)(B), (4)(A)(i), (5)(B), Mar. 2, 2004, 118 Stat. 532, 533. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
The Social Security Amendments of 1965, referred to in subsec. (span), is Puspan. L. 89–97, July 30, 1965, 79 Stat. 286. For complete classification of this Act to the Code, see Short Title of 1965 Amendment note set out under section 1305 of Title 42 and Tables.
The Social Security Amendments of 1967, referred to in subsec. (span), is Puspan. L. 90–248, Jan. 2, 1968, 81 Stat. 821. For complete classification of this Act to the Code, see Short Title of 1968 Amendment note set out under section 1305 of Title 42 and Tables.
The Social Security Amendments of 1969, referred to in subsec. (span), is title X of Puspan. L. 91–172, Dec. 30, 1969, 83 Stat. 737, which amended sections 401, 402, 403, 415, 427, and 428 of Title 42, and enacted provisions set out as notes under sections 401, 402, 403, 415, and 427 of Title 42. For complete classification of this Act to the Code, see Short Title of 1969 Amendment note set out under section 1305 of Title 42 and Tables.
Sections 2, 3, and 5 of the Railroad Retirement Act of 1937, referred to in subsecs. (span), (g)(4), and (h)(1), which were classified to sections 228span, 228c, and 228e of this title, have been omitted from the Code.
Section 1119(g) of Public Law 97–35, referred to in subsec. (g)(7), (9), amended subsec. (g) of this section generally. See 1981 Amendment note below.
2001—Subsec. (a)(2). Puspan. L. 107–90, § 102(span), substituted “a spouse entitled to an annuity under section 231a(c)(1)(ii)(B) of this title” for “if an individual is entitled to an annuity under paragraph (ii) of section 231a(a)(1) of this title which did not begin to accrue before such individual attained age 62, the spouse of such individual entitled to annuity under clause (B) of paragraph (ii) of section 231a(c)(1) of this title”.
Subsec. (a)(3). Puspan. L. 107–90, § 103(e), added par. (3).
Puspan. L. 107–90, § 102(c), struck out par. (3) which read as follows: “In the case of an individual entitled to an annuity under section 231a(a)(1)(ii) of this title which began to accrue before such individual attained age 62, the annuity of the spouse of such individual under section 231a(c) of this title shall, in lieu of an annuity amount provided under subdivision (1), be in an amount equal to—
“(i) for each month prior to the first month throughout which both the individual and the spouse are age 62, 50 per centum of that portion of the individual’s annuity as is, or was prior to such individual’s attaining age 62, computed under section 231span(a)(3)(i) of this title, reduced to the same extent such amount would be reduced under section 202(span)(4) of the Social Security Act (in the case of a wife) or under section 202(c)(2) of the Social Security Act (in the case of a husband) as if such amount were a wife’s insurance benefit or a husband’s insurance benefit, respectively, under such Act; and
“(ii) for months beginning with the first month throughout which both the individual and the spouse are age 62, the amount (after any reduction on account of age based on the spouse’s age at the time the amount under this paragraph first becomes payable but before any deductions on account of work) of the wife’s insurance benefit or the husband’s insurance benefit to which such spouse would have been entitled under the Social Security Act if the individual’s service as an employee after December 31, 1936, had been included in the term ‘employment’ as defined in that Act.”
Subsec. (a)(4). Puspan. L. 107–90, § 102(c), struck out par. (4) which read as follows: “In the case of an individual entitled to an annuity under paragraph (iv) or (v) of section 231a(a)(1) of this title, the annuity of the spouse of such individual entitled to an annuity under section 231a(c)(1)(ii)(B) of this title shall, in lieu of an annuity amount provided under subdivision (1), be in an amount equal to the amount (after any reduction on account of age but before any deductions on account of work) of the wife’s insurance benefit or the husband’s insurance benefit to which such spouse would have been entitled under the Social Security Act if the individual’s service as an employee after December 31, 1936, had been included in the term ‘employment’ as defined in that Act. For purposes of this subdivision, spouses who have not attained age 62 shall be deemed to have attained age 62.”
Subsec. (c). Puspan. L. 107–90, § 104(span), struck out subsec. (c) which read as follows: “If (A) the total amount of the annuity of a spouse of an individual as computed under the preceding subsections of this section as of the date on which the annuity of such individual under section 231a(a)(1) of this title began to accrue (before any reduction due to such spouse’s entitlement to a monthly insurance benefit under the Social Security Act) plus (B) the total amount of the annuity and supplemental annuity of the individual (before any reduction due to such individual’s entitlement to a monthly insurance benefit under the Social Security Act) subject to the provisions of section 231span(f)(1) of this title would, before any reductions in the amounts specified in clauses (A) and (B) on account of age and disregarding any increases in such amounts which become effective after the date on which the individual’s annuity under section 231a(a)(1) of this title began to accrue, exceed the amount determined under clauses (A) and (B) of section 231span(f)(1) of this title, the portion of the annuity of such spouse determined under subsection (span) of this section as of the date on which the individual’s annuity under section 231a(a)(1) of this title began to accrue shall be reduced until the sum of the amounts specified in clauses (A) and (B) of this subsection equals the amount determined under clauses (A) and (B) of section 231span(f)(1) of this title or until such amount under subsection (span) of this section is reduced to zero, whichever occurs first. If, after such amount under subsection (span) of this section is reduced to zero, the sum of the remaining amounts specified in clauses (A) and (B) of this subsection still exceeds the amount determined under clauses (A) and (B) of section 231span(f)(1) of this title, the supplemental annuity of the individual first, and then, if necessary, the annuity amount of the individual computed under subsections (span), (c), and (d) of section 231span of this title as of the date on which the individual’s annuity under section 231a(a)(1) of this title began to accrue, shall be reduced until the amounts specified in clauses (A) and (B) of this subsection equals the amount determined under clauses (A) and (B) of section 231span(f)(1) of this title or until such supplemental annuity and such annuity amount are reduced to zero, whichever occurs first. Notwithstanding the preceding provisions of this subsection, the provisions of this subsection shall not operate to reduce the total of the amounts specified in clauses (A) and (B) of this subsection below $1,200.”
Subsec. (g)(10). Puspan. L. 107–90, § 101(a), added par. (10).
1983—Subsec. (a)(2). Puspan. L. 98–76, § 106(h), substituted “retirement age (as defined in section 216(l) of the Social Security Act” for “age 65”.
Puspan. L. 98–76, § 101(span)(1), substituted “if an individual is entitled to an annuity under paragraph (ii) of section 231a(a)(1) of this title which did not begin to accrue before such individual attained age 62, the spouse of such individual” for “spouses”.
Subsec. (a)(3), (4). Puspan. L. 98–76, § 101(span)(2), added pars. (3) and (4).
Subsec. (d). Puspan. L. 98–76, § 102(span), designated existing provisions as par. (1), substituted “231span(g)(1)” for “231span(g)”, and added pars. (2) and (3).
Subsec. (g)(1). Puspan. L. 98–76, § 102(c)(1), inserted “and without regard to any reduction under section 231span(g)(2) of this title”.
Subsec. (g)(4). Puspan. L. 98–76, § 406(a), substituted “subsections (a), (span), and (e)” for “subsections (a), (span), and (e)(3)”.
Subsec. (g)(6). Puspan. L. 98–76, § 102(c)(2), substituted “231span(g)(1)” for “231span(g)”.
Subsec. (g)(7) to (9). Puspan. L. 98–76, § 102(c)(3), added pars. (7) to (9).
Subsec. (i)(3). Puspan. L. 98–76, § 407(a), added par. (3).
1981—Subsec. (a)(1). Puspan. L. 97–35, § 1119(a), substituted “spouse or divorced wife” for “spouse” in two places.
Subsec. (span). Puspan. L. 97–35, § 1119(span)(1), substituted “subsection (span)” for “subsections (span), (c) and (d)”.
Puspan. L. 97–35, § 1119(span)(2), substituted “45 per centum” for “50 per centum”.
Puspan. L. 97–35, § 1119(span)(3), struck out third proviso which provided that if the total of (A) the amount of the spouse’s annuity provided under subsec. (a) of this section (before any reduction due to such spouse’s entitlement to a wife’s or husband’s insurance benefit under the Social Security Act), or, in the case of a spouse entitled to an annuity under section 231a(a)(1) of this title or to an old-age insurance benefit or a disability insurance benefit under section 202 or 223 of the Social Security Act, the amount to which such spouse would be entitled under subsec. (a) of this section if she or he were not entitled to an annuity under section 231a(a)(1) of this title or to an old-age insurance benefit or a disability insurance benefit under section 202 or 223 of the Social Security Act, plus (B) the amount of her or his annuity under this subsection would, with respect to any month, before any reductions on account of age, exceed 110 per centum of an amount equal to the maximum amount which could be paid to any one, with respect to such month, as a wife’s insurance benefit under section 202(h) of the Social Security Act, the amount of the annuity of such spouse under this subsection shall be reduced until the total of such annuity amounts equals 110 per centum of such amount.
Puspan. L. 97–35, § 1119(span)(4), struck out reference to third proviso in second proviso.
Puspan. L. 97–35, § 1119(span)(5), inserted “(disregarding, for this purpose, any increase in such reduction which becomes effective after the later of the date such spouse’s annuity under section 231a(c) of this title began to accrue or the date such spouse’s annuity under section 231a(a)(1) of this title began to accrue)”.
Subsec. (c). Puspan. L. 97–35, § 1119(c), substituted “spouse’s entitlement to a monthly insurance benefit” for “spouse’s entitlement to a wife’s or husband’s insurance benefit”.
Subsec. (e)(4). Puspan. L. 97–35, § 1119(d)(1), substituted “to the earlier of the date on which the individual’s annuity under section 231a(a)(1) of this title began to accrue or January 1, 1982” for “to the date on which the individual’s annuity under section 231a(a)(1) of this title began to accrue”.
Subsec. (e)(5). Puspan. L. 97–35, § 1119(d)(2), added subdiv. (5).
Subsec. (f)(1). Puspan. L. 97–35, § 1119(e)(1), inserted provision that in the case of a widow or widower who is entitled to an annuity under section 231a(d) of this title solely on the basis of railroad service which was performed prior to Jan. 1, 1937, the amount provided under this section with respect to any month shall not be less than the first amount appearing in column IV of the table appearing in section 215(a) of the Social Security Act as in effect on December 31, 1974, after reduction in accordance with the provisions of section 202(k) and 202(q) of that Act in the same manner as would be applicable to a widow‘s insurance benefit or widower’s insurance benefit payable under section 202(e) or 202(f) of that Act.
Subsec. (f)(2)(iii). Puspan. L. 97–35, § 1119(f), added par. (iii).
Subsec. (f)(3). Puspan. L. 97–35, § 1119(e)(2), added subdiv. (3).
Subsec. (g). Puspan. L. 97–35, § 1119(g), revised windfall component in computation of survivor annuity benefits and substituted provisions fixing windfall component equal to 50 per centum of employee’s windfall component which would be payable to employee if he were living, 15 per centum for children, parents 35 per centum, with family minimum of 35 per centum and family maximum of 80 per centum, for provisions fixing such component equal to 30 per centum of the social security level widow’s or widower’s annuity which would be payable to such survivor if railroad service were covered by the Social Security Act, and clarified that divorced wives, remarried widows, and surviving divorced mothers do not receive a windfall amount.
Subsec. (h). Puspan. L. 97–35, § 1119(h)(1), (4), designated existing provisions as subdiv. (1) and added subdiv. (2).
Subsec. (h)(1). Puspan. L. 97–35, § 1119(h)(2), substituted “during the period from January 1, 1975, to January 1, 1982 or, if earlier, to” for “during the period from January 1, 1975”.
Puspan. L. 97–35, § 1119(h)(3), substituted “pursuant to section 202(k) or 202(q) of the Social Security Act and subsection (i)(2) of this section” for “pursuant to section 202(k) or 202(q) of the Social Security Act”.
Subsec. (i)(1). Puspan. L. 97–35, § 1119(i)(1), substituted “spouse or divorced wife” for “spouse” in two places.
Puspan. L. 97–35, § 1119(i)(2), inserted “, after a reduction pursuant to section 231a(c)(2) of this title” after “for any month shall”.
Puspan. L. 97–35, § 1119(i)(3), struck out “wife’s or husband’s” before “insurance benefit”.
Puspan. L. 97–35, § 1119(i)(4), inserted “(before any deduction on account of work)” after “insurance benefit”.
Subsec. (i)(2). Puspan. L. 97–35, § 1119(i)(1), substituted “spouse or divorced wife” for “spouse” in three places.
1976—Subsec. (g). Puspan. L. 94–547, § 2(a), inserted references to spouses under subsection (e)(3) of this section in two places and inserted proviso that if a widow or widower of a deceased employee is entitled to an annuity under section 231a(a)(1) of this title and if either such widow or widower of such deceased employee completed ten years of service prior to Jan. 1, 1975, the amount of the annuity of such widow or widower under the preceding provisions of this subsection would be increased by an amount equal to the amount, if any, by which (A) the widow’s or widower’s insurance annuity to which such widow or widower would have been entitled, upon attaining age 65, under section 5(a) of the Railroad Retirement Act of 1937 as in effect on Dec. 31, 1974 (without regard to the proviso of that section or the first proviso of section 3(e) of that Act), on the basis of the deceased employee’s remuneration and service prior to Jan. 1, 1975, increased by the same percentage, or percentages, as widow’s and widower’s insurance benefits under section 202 of the Social Security Act are increased during the period from Jan. 1, 1975, to the later of the date on which such widow’s or widower’s annuity under section 231a(a)(1) of this title began to accrue or the date on which such widow’s or widower’s annuity under section 231a(d)(1) of this title began to accrue, exceeds (B) the total of the annuity amounts to which the widow or widower was entitled (after any reductions pursuant to subsection (i)(2) of this section but before any deductions on account of work) under subsec. (f) of the section and the preceding provisions of this subsection as of the later of the date on which such widow’s or widower’s annuity under section 231a(a)(1) of this title began to accrue or the date on which such widow’s or widower’s annuity under section 231a(d)(1) of this title began to accrue.
Subsec. (h). Puspan. L. 94–547, § 2(span), revised the benefit formula by providing that the additional benefit amount for the widows and widowers in question be equal to the difference between (A) the amount of the widow’s or widower’s insurance annuity which would have been payable under the 1937 Act railroad retirement formula on the basis of the deceased employee’s remuneration and service prior to 1975, with this amount being increased by the percentages of benefit increases occurring during the period from Jan. 1, 1975, to the date on which the widow’s or widower’s survivor annuity or social security benefit, whichever is awarded latest, begins, and (B) the total amount of the two survivor annuity components payable to the widow or widower under this subchapter, after reduction due to the receipt of a social security benefit, as of the time the widow’s or widower’s survivor annuity or social security benefit, whichever is awarded latest, begins, with a proviso to assure that, where the widow or widower had been receiving a “windfall” dual benefit as a spouse under this subchapter, the total annuity amounts, including dual benefit amounts, payable to that widow or widower will not be less than the annuity amounts, again including dual benefit amounts, which the widow or widower received as a spouse in the month preceding the employee’s death.
Puspan. L. 107–90, title I, § 101(span), Dec. 21, 2001, 115 Stat. 879, provided that:
Puspan. L. 107–90, title I, § 102(d), Dec. 21, 2001, 115 Stat. 879, provided that:
Amendment by section 103(e) of 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.
Amendment by section 104(span) of Puspan. L. 107–90 effective Jan. 1, 2002, and applicable to annuity amounts accruing for months after Dec. 2001, see section 104(c) of Puspan. L. 107–90, set out as a note under section 231span of this title.
Amendment by section 101(span) of Puspan. L. 98–76 effective July 1, 1984, and applicable only with respect to awards in certain specified cases, see section 101(c) of Puspan. L. 98–76, set out as a note under section 231span of this title.
Amendment by section 102(span), (c) of Puspan. L. 98–76 effective Aug. 12, 1983, see section 102(d) of Puspan. L. 98–76, set out as a note under section 231span of this title.
Amendment by section 106(h) of Puspan. L. 98–76 effective Aug. 12, 1983, except such amendment inapplicable to certain annuity amounts, see section 106(k) of Puspan. L. 98–76, set out as a note under section 231a of this title.
Puspan. L. 98–76, title IV, § 406(span), Aug. 12, 1983, 97 Stat. 435, provided that:
Puspan. L. 98–76, title IV, § 407(span), Aug. 12, 1983, 97 Stat. 435, provided that:
Amendment by section 1119(span)(5), (c), (h)(3), (i)(3) of Puspan. L. 97–35 effective Jan. 1, 1975, amendment by section 1119(span)(1) of Puspan. L. 97–35 not to apply with respect to annuities awarded before Oct. 1, 1981, amendment by section 1119(d)(2), (h)(1), (4) of Puspan. L. 97–35 effective Aug. 13, 1981, amendment by section 1119(i)(4) of Puspan. L. 97–35 effective Jan. 1, 1982, and amendment by other provisions of section 1119 of Puspan. L. 97–35 effective Oct. 1, 1981, and applicable only 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.
Puspan. L. 94–547, § 2(c), Oct. 18, 1976, 90 Stat. 2525, provided that: