42 U.S.C. § 414 | Insured status for purposes of old-age and survivors insurance benefits

For the purposes of this subchapter—

(a)

“Fully insured individual” defined

The term “fully insured individual” means any individual who had not less than—

(1)

one quarter of coverage (whenever acquired) for each calendar year elapsing after 1950 (or, if later, the year in which he attained age 21) and before the year in which he died or (if earlier) the year in which he attained age 62, except that in no case shall an individual be a fully insured individual unless he has at least 6 quarters of coverage; or

(2)

40 quarters of coverage; or

(3)

in the case of an individual who died before 1951, 6 quarters of coverage;

section 416(i) of this titlenot counting as an elapsed year for purposes of paragraph (1) any year any part of which was included in a period of disability (as defined in ), and who satisfies the criterion specified in subsection (c).

(b)

“Currently insured individual” defined

August 28, 1950The term “currently insured individual” means any individual who had not less than six quarters of coverage during the thirteen-quarter period ending with (1) the quarter in which he died, (2) the quarter in which he became entitled to old-age insurance benefits, (3) the quarter in which he became entitled to primary insurance benefits under this subchapter as in effect prior to , or (4) in the case of any individual entitled to disability insurance benefits, the quarter in which he most recently became entitled to disability insurance benefits, not counting as part of such thirteen-quarter period any quarter any part of which was included in a period of disability unless such quarter was a quarter of coverage, and who satisfies the criterion specified in subsection (c).

(c)

Criterion described

For purposes of subsections (a) and (b), the criterion specified in this subsection is that the individual, if not a United States citizen or national—

(1)

section 405(c)(2)(B)(i) of this title has been assigned a social security account number that was, at the time of assignment, or at any later time, consistent with the requirements of subclause (I) or (III) of ; or

(2)

at the time any such quarters of coverage are earned—

(A)

section 1101(a)(15) of title 8 is described in subparagraph (B) or (D) of ,

(B)

is lawfully admitted temporarily to the United States for business (in the case of an individual described in such subparagraph (B)) or the performance as a crewman (in the case of an individual described in such subparagraph (D)), and

(C)

the business engaged in or service as a crewman performed is within the scope of the terms of such individual’s admission to the United States.

Aug. 14, 1935, ch. 531 Aug. 28, 1950, ch. 809 64 Stat. 492 July 18, 1952, ch. 945, § 3(b)66 Stat. 770 Sept. 1, 1954, ch. 1206 68 Stat. 1079 Aug. 1, 1956, ch. 836 70 Stat. 830 Pub. L. 85–840, title II, § 205lAug. 28, 195872 Stat. 1025 Pub. L. 86–778, title II, § 204(a)Sept. 13, 196074 Stat. 948 Pub. L. 87–64, title I, § 103(a)June 30, 196175 Stat. 137 Pub. L. 92–603, title I, § 104(a)Oct. 30, 197286 Stat. 1340 Pub. L. 108–203, title II, § 211(a)Mar. 2, 2004118 Stat. 518(, title II, § 214, as added , title I, § 104(a), , 505; amended , ; , title I, §§ 106(b), 108(a), , 1083; , title I, § 108, ; (), , ; , , ; , , ; , , ; , , .)

Editorial Notes

Codification

Section 211(a) of Pub. L. 108–203, which directed amendment of section 214, was executed to this section, which is section 214 of the Social Security Act, to reflect the probable intent of Congress. See 2004 Amendment notes below.

Amendments

Pub. L. 108–203, § 211(a)(1)2004—Subsec. (a). , inserted “, and who satisfies the criterion specified in subsection (c)” before period at end. See Codification note above.

Pub. L. 108–203, § 211(a)(2)Subsec. (b). , inserted “, and who satisfies the criterion specified in subsection (c)” before period at end. See Codification note above.

Pub. L. 108–203, § 211(a)(3)Subsec. (c). , added subsec. (c). See Codification note above.

Pub. L. 92–6031972—Subsec. (a)(1). struck out provisions setting a separate age computation point for women and reduced from age 65 to age 62 the age computation point for men.

Pub. L. 87–64 section 416(i) of this title1961—Subsec. (a). required one quarter of coverage for each calendar year elapsing after 1950 (or after the year in which the individual attained age 21, if that was later than 1950) instead of one quarter of coverage for each three of the quarters elapsing after 1950, and struck out “unless such quarter was a quarter of coverage” after “a period of disability (as defined in )”.

Pub. L. 86–778Dec. 31, 19501960—Subsec. (a). changed provisions which required an individual to have one quarter of coverage for each two quarters to provide that an individual is fully insured if he has not less than one quarter of coverage for each three quarters elapsing after , or, if later, December 31 of the year in which he attained the age of 21 years, and inserted provisions defining fully insured in the case of an individual who died prior to 1951 as one who had six quarters of coverage.

Pub. L. 85–8401958—Subsec. (b). included within definition of “currently insured individual” an individual entitled to disability insurance benefits who has not less than six quarters of coverage during the thirteen-quarter period ending with the quarter in which he most recently became entitled to disability insurance benefits.

Aug. 1, 1956July 1, 19571956—Subsec. (a)(3). Act , provided that an individual who had at least six quarters of coverage after 1954 would be fully insured if all but four of the quarters elapsing after 1954 and prior to , or if later, the quarter in which he attained retirement age or died, whichever first occurred, are quarters of coverage.

Sept. 1, 19541954—Subsec. (a)(2)(B). Act , § 106(b)(1), excluded from the elapsed period under subsec. (a)(2)(A) any quarter any part of which was included in a period of disability, unless such quarter was a quarter of coverage.

Sept. 1, 1954Subsec. (a)(3), (4). Act , § 108(a), added par. (3) and redesignated former par. (3) as (4).

Sept. 1, 1954Subsec. (b). Act , § 106(b)(2), inserted “, not counting as part of such thirteen-quarter period any quarter any part of which was included in a period of disability unless such quarter was a quarter of coverage.”

July 18, 1952section 416(i) of this title1952—Subsec. (a)(2)(B). Act , § 3(b)(1), inserted “not counting as an elapsed quarter for purposes of subparagraph (A) any quarter any part of which was included in a period of disability (as defined in unless such quarter was a quarter of coverage”.

July 18, 1952August 28, 1950Subsec. (b). Act , § 3(b)(2), inserted “not counting as part of such thirteen-quarter period any quarter any part of which was included in a period of disability unless such quarter was a quarter of coverage” after “”.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–203, title II, § 211(c)Mar. 2, 2004118 Stat. 518

section 423 of this titleJanuary 1, 2004“The amendments made by this section [amending this section and ] apply to benefit applications based on social security account numbers issued on or after .”

, , , provided that:

Effective Date of 1972 Amendment

Pub. L. 92–603, title I, § 104(j)Oct. 30, 197286 Stat. 1341

“(1)

section 415 of this title section 3121 of Title 26 42 U.S.C. 409(i) The amendments made by this section [amending this section and sections 415, 416, 423, and 427 of this title and provisions set out as a note under ] (except the amendment made by subsection (i) [amending , Internal Revenue Code], and the amendment made by subsection (g) to section 209(i) of the Social Security Act []) shall apply only in the case of a man who attains (or would attain) age 62 after December 1974. The amendment made by subsection (i), and the amendment made by subsection (g) to section 209(i) of the Social Security Act, shall apply only with respect to payments after 1974.

“(2)

42 U.S.C. 415(b)(3)September 1, 197242 U.S.C. 401 In the case of a man who attains age 62 prior to 1975, the number of his elapsed years for purposes of section 215(b)(3) of the Social Security Act [] shall be equal to (A) the number determined under such section as in effect on , or (B) if less, the number determined as though he attained age 65 in 1975, except that monthly benefits under title II of the Social Security Act [ et seq.] for months prior to January 1973 payable on the basis of his wages and self-employment income shall be determined as though this section had not been enacted.

“(3)

(A)

42 U.S.C. 414(a)(1) In the case of a man who attains or will attain age 62 in 1973, the figure ‘65’ in sections 214(a)(1), 223(c)(1)(A), and 216(i)(3)(A) of the Social Security Act [, 423(c)(1)(A), 416(i)(3)(A)] shall be deemed to read ‘64’.

“(B)

In the case of a man who attains or will attain age 62 in 1974, the figure ‘65’ in sections 214(a)(1), 223(c)(1)(A), and 216(i)(3)(A) of the Social Security Act shall be deemed to read ‘63’.”

, , , provided that:

Effective Date of 1961 Amendment

Pub. L. 87–64, title I, § 103(b)June 30, 196175 Stat. 137

“The amendment made by subsection (a) [amending this section] shall apply—

“(1)

42 U.S.C. 401 section 402 of this title in the case of monthly benefits under title II of the Social Security Act [ et seq.] for months beginning on or after the effective date of this title [see note set out under ], based on applications filed in or after March 1961,

“(2)

in the case of lump-sum death payments under such title with respect to deaths on or after the effective date of this title, and

“(3)

42 U.S.C. 416(i) in the case of an application for a disability determination (with respect to a period of disability, as defined in section 216(i) of such Act []) filed in or after March 1961.”

, , , provided that:

Effective Date of 1960 Amendment

Pub. L. 86–778, title II, § 204(d)(1)Sept. 13, 196074 Stat. 948

section 415 of this title 42 U.S.C. 401 42 U.S.C. 416(i)“The amendments made by subsections (a) and (b) of this section [amending this section and provisions set out as a note under ] shall be applicable (A) in the case of monthly benefits under title II of the Social Security Act [ et seq.], for months after the month in which this Act is enacted [September 1960], on the basis of applications filed in or after such month, (B) in the case of lump-sum death payments under such title with respect to deaths occurring after such month, and (C) in the case of an application for a disability determination with respect to a period of disability (as defined in section 216(i) of the Social Security Act []) filed after such month.”

, , , provided that:

Effective Date of 1958 Amendment

lPub. L. 85–840Aug. 28, 1958section 207(a) of Pub. L. 85–840 section 416 of this titleAmendment by section 205() of applicable with respect to monthly benefits under this subchapter for months after August 1958, but only if an application for such benefits is filed on or after , see , set out as a note under .

Effective Date of 1954 Amendment

Sept. 1, 1954section 415(f) of this titleSept. 1, 1954section 413 of this titleAmendment by section 106(b) of act , applicable with respect to monthly benefits under subchapter II of this chapter for months after June 1955, and with respect to lump-sum death payments under such subchapter in the case of deaths occurring after June 1955; but that no recomputation of benefits by reason of such amendments shall be regarded as a recomputation for purposes of , see section 106(h) of act , set out as a note under .

Effective and Termination Date of 1952 Amendment

July 18, 1952July 18, 1952section 413 of this titleFor effective and termination dates of amendment by act , see section 3(f), (g) of act , set out as a note under .

Employees of Nonprofit Organizations as Fully Insured Individuals

Pub. L. 98–21, title I, § 102(e)Apr. 20, 198397 Stat. 71 Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095

“(1)

If any individual—

“(A)

January 1, 198442 U.S.C. 410(a)(8)(B)26 U.S.C. 3121(k)January 1, 1984section 410 of this title section 3121 of Title 26 section 3121 of Title 26 on , is age 55 or over, and is an employee of an organization described in section 210(a)(8)(B) of the Social Security Act [] (A) which does not have in effect (on that date) a waiver certificate under section 3121(k) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] [] and (B) to the employees of which social security coverage is extended on , solely by reason of the enactment of this section [amending and , Internal Revenue Code, and enacting provisions set out as notes under ], and

“(B)

December 31, 198342 U.S.C. 413 after , acquires the number of quarters of coverage (within the meaning of section 213 of the Social Security Act []) which is required for purposes of this subparagraph under paragraph (2),

42 U.S.C. 414 42 U.S.C. 401then such individual shall be deemed to be a fully insured individual (as defined in section 214 of the Social Security Act []) for all of the purposes of title II of such Act [ et seq.].

“(2)

“In the case of an individual who on January 1, 1984, is—	The number of quarters of coverage so required shall be—
age 60 or over	6
age 59 or over but less than age 60	8
age 58 or over but less than age 59	12
age 57 or over but less than age 58	16
age 55 or over but less than age 57	20.”

The number of quarters of coverage which is required for purposes of subparagraph (B) of paragraph (1) shall be determined as follows:

, , , as amended by , , , provided that:

Determination of Entitlement to Monthly Benefits for Sept. 1960 and Prior Months and Individual’s Closing Date Prior to 1960

Pub. L. 86–778, title II, § 204(d)(2)Sept. 13, 196074 Stat. 948Sept. 13, 1960act Sept. 1, 1954, ch. 1206 68 Stat. 1084 section 415 of this title section 415(b)(3)(B) of this title, , , provided that the provisions of subsec. (a) of this section in effect prior to , and the provisions of section 109 of , , set out as a note under , as in effect prior to such date were to apply for purposes of determining entitlement to monthly benefits under this subchapter for Sept. 1960 and prior months with respect to wages and self-employment income of an individual and for purposes of determining an individual’s closing date prior to 1960 under .