US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 417

Benefits for veterans

(a)

Determination of benefits

(1)
section 416(i)(3) of this title For purposes of determining entitlement to and the amount of any monthly benefit for any month after August 1950, or entitlement to and the amount of any lump-sum death payment in case of a death after such month, payable under this subchapter on the basis of the wages and self-employment income of any World War II veteran, and for purposes of , such veteran shall be deemed to have been paid wages (in addition to the wages, if any, actually paid to him) of $160 in each month during any part of which he served in the active military or naval service of the United States during World War II. This subsection shall not be applicable in the case of any monthly benefit or lump-sum death payment if—
(A)
a larger such benefit or payment, as the case may be, would be payable without its application; or
(B)
a benefit (other than a benefit payable in a lump sum unless it is a commutation of, or a substitute for, periodic payments) which is based, in whole or in part, upon the active military or naval service of such veteran during World War II is determined by any agency or wholly owned instrumentality of the United States (other than the Department of Veterans Affairs) to be payable by it under any other law of the United States or under a system established by such agency or instrumentality.
section 415 of this titlesection 415(f) of this titlesection 416(i)(3) of this titleThe provisions of clause (B) of this paragraph shall not apply in the case of any monthly benefit or lump-sum death payment under this subchapter if its application would reduce by $0.50 or less the primary insurance amount (as computed under prior to any recomputation thereof pursuant to ) of the individual on whose wages and self-employment income such benefit or payment is based. The provisions of clause (B) of this paragraph shall also not apply for purposes of .
(2)
Upon application for benefits or a lump-sum death payment on the basis of the wages and self-employment income of any World War II veteran, the Commissioner of Social Security shall make a decision without regard to clause (B) of paragraph (1) of this subsection unless the Commissioner has been notified by some other agency or instrumentality of the United States that, on the basis of the military or naval service of such veteran during World War II, a benefit described in clause (B) of paragraph (1) of this subsection has been determined by such agency or instrumentality to be payable by it. If the Commissioner has not been so notified, the Commissioner of Social Security shall then ascertain whether some other agency or wholly owned instrumentality of the United States has decided that a benefit described in clause (B) of paragraph (1) of this subsection is payable by it. If any such agency or instrumentality has decided, or thereafter decides, that such a benefit is payable by it, it shall so notify the Commissioner of Social Security, and the Commissioner of Social Security shall certify no further benefits for payment or shall recompute the amount of any further benefits payable, as may be required by paragraph (1) of this subsection.
(3)
Any agency or wholly owned instrumentality of the United States which is authorized by any law of the United States to pay benefits, or has a system of benefits which are based, in whole or in part, on military or naval service during World War II shall, at the request of the Commissioner of Social Security, certify to the Commissioner, with respect to any veteran, such information as the Commissioner of Social Security deems necessary to carry out the Commissioner’s functions under paragraph (2) of this subsection.
(b)

Determination of insurance status

(1)
section 415(c) of this titlesection 415(d) of this titlesection 415(c) of this titlesection 409(a)(4)(B) of this title Subject to paragraph (3), any World War II veteran who died during the period of three years immediately following his separation from the active military or naval service of the United States shall be deemed to have died a fully insured individual whose primary insurance amount is the amount determined under as in effect in December 1978. Notwithstanding as in effect in December 1978, the primary insurance benefit (for purposes of as in effect in December 1978) of such veteran shall be determined as provided in this subchapter as in effect prior to , except that the 1 per centum addition provided for in as in effect prior to , shall be applicable only with respect to calendar years prior to 1951. This subsection shall not be applicable in the case of any monthly benefit or lump-sum death payment if—
(A)
a larger such benefit or payment, as the case may be, would be payable without its application;
(B)
any pension or compensation is determined by the Secretary of Veterans Affairs to be payable by him on the basis of the death of such veteran;
(C)
the death of the veteran occurred while he was in the active military or naval service of the United States; or
(D)
such veteran has been discharged or released from the active military or naval service of the United States subsequent to .
(2)
section 5301 of title 38 Upon an application for benefits or a lump-sum death payment on the basis of the wages and self-employment income of any World War II veteran, the Commissioner of Social Security shall make a decision without regard to paragraph (1)(B) of this subsection unless the Commissioner has been notified by the Secretary of Veterans Affairs that pension or compensation is determined to be payable by that Secretary by reason of the death of such veteran. The Commissioner of Social Security shall thereupon report such decision to the Secretary of Veterans Affairs. If the Secretary of Veterans Affairs in any such case has made an adjudication or thereafter makes an adjudication that any pension or compensation is payable under any law administered by it, the Secretary of Veterans Affairs shall notify the Commissioner of Social Security, and the Commissioner of Social Security shall certify no further benefits for payment, or shall recompute the amount of any further benefits payable, as may be required by paragraph (1) of this subsection. Any payments theretofore certified by the Commissioner of Social Security on the basis of paragraph (1) of this subsection to any individual, not exceeding the amount of any accrued pension or compensation payable to him by the Secretary of Veterans Affairs, shall (notwithstanding the provisions of ) be deemed to have been paid to him by that Secretary on account of such accrued pension or compensation. No such payment certified by the Commissioner of Social Security, and no payment certified by the Commissioner for any month prior to the first month for which any pension or compensation is paid by the Secretary of Veterans Affairs shall be deemed by reason of this subsection to have been an erroneous payment.
(3)
(A)
section 402 of this title The preceding provisions of this subsection shall apply for purposes of determining the entitlement to benefits under , based on the primary insurance amount of the deceased World War II veteran, of any surviving individual only if such surviving individual makes application for such benefits before the end of the 18-month period after November 1990.
(B)
section 402 of this title Subparagraph (A) shall not apply if any person is entitled to benefits under based on the primary insurance amount of such veteran for the month preceding the month in which such application is made.
(c)

Filing proof of support

section 402(h) of this titleIn the case of any World War II veteran to whom subsection (a) is applicable, proof of support required under may be filed by a parent at any time prior to July 1951 or prior to the expiration of two years after the date of the death of such veteran, whichever is the later.

(d)

Definitions

For the purposes of this section—
(1)
The term “World War II” means the period beginning with , and ending at the close of .
(2)
The term “World War II veteran” means any individual who served in the active military or naval service of the United States at any time during World War II and who, if discharged or released therefrom, was so discharged or released under conditions other than dishonorable after active service of ninety days or more or by reason of a disability or injury incurred or aggravated in service in line of duty; but such term shall not include any individual who died while in the active military or naval service of the United States if his death was inflicted (other than by an enemy of the United States) as lawful punishment for a military or naval offense.
(e)

Determination based on wages and self-employment

(1)
section 416(i)(3) of this title For purposes of determining entitlement to and the amount of any monthly benefit or lump-sum death payment payable under this subchapter on the basis of wages and self-employment income of any veteran (as defined in paragraph (4) of this subsection), and for purposes of , such veteran shall be deemed to have been paid wages (in addition to the wages, if any, actually paid to him) of $160 in each month during any part of which he served in the active military or naval service of the United States on or after , and prior to . This subsection shall not be applicable in the case of any monthly benefit or lump-sum death payment if—
(A)
a larger such benefit or payment, as the case may be, would be payable without its application; or
(B)
a benefit (other than a benefit payable in a lump sum unless it is a commutation of, or a substitute for, periodic payments) which is based, in whole or in part, upon the active military or naval service of such veteran on or after , and prior to , is determined by any agency or wholly owned instrumentality of the United States (other than the Department of Veterans Affairs) to be payable by it under any other law of the United States or under a system established by such agency or instrumentality.
section 415 of this titlesection 415 of this titlesection 416(i)(3) of this titlelThe provisions of clause (B) of this paragraph shall not apply in the case of any monthly benefit or lump-sum death payment under this subchapter if its application would reduce by $0.50 or less the primary insurance amount (as computed under prior to any recomputation thereof pursuant to subsection (f) of ) of the individual on whose wages and self-employment income such benefit or payment is based. The provisions of clause (B) of this paragraph shall also not apply for purposes of . In the case of monthly benefits under this subchapter for months after December 1956 (and any lump-sum death payment under this subchapter with respect to a death occurring after December 1956) based on the wages and self-employment income of a veteran who performed service (as a member of a uniformed service) to which the provisions of section 410()(1) of this title are applicable, wages which would, but for the provisions of clause (B) of this paragraph, be deemed under this subsection to have been paid to such veteran with respect to his active military or naval service performed after December 1950 shall be deemed to have been paid to him with respect to such service notwithstanding the provisions of such clause, but only if the benefits referred to in such clause which are based (in whole or in part) on such service are payable solely by the Army, Navy, Air Force, Marine Corps, Coast Guard, Coast and Geodetic Survey, National Oceanic and Atmospheric Administration Corps, or Public Health Service.
(2)
Upon application for benefits or a lump-sum death payment on the basis of the wages and self-employment income of any veteran, the Commissioner of Social Security shall make a decision without regard to clause (B) of paragraph (1) of this subsection unless the Commissioner has been notified by some other agency or instrumentality of the United States that, on the basis of the military or naval service of such veteran on or after , and prior to , a benefit described in clause (B) of paragraph (1) of this subsection has been determined by such agency or instrumentality to be payable by it. If the Commissioner has not been so notified, the Commissioner of Social Security shall then ascertain whether some other agency or wholly owned instrumentality of the United States has decided that a benefit described in clause (B) of paragraph (1) of this subsection is payable by it. If any such agency or instrumentality has decided, or thereafter decides, that such a benefit is payable by it, it shall so notify the Commissioner of Social Security, and the Commissioner of Social Security shall certify no further benefits for payment or shall recompute the amount of any further benefits payable, as may be required by paragraph (1) of this subsection.
(3)
Any agency or wholly owned instrumentality of the United States which is authorized by any law of the United States to pay benefits, or has a system of benefits which are based, in whole or in part, on military or naval service on or after , and prior to , shall, at the request of the Commissioner of Social Security, certify to the Commissioner, with respect to any veteran, such information as the Commissioner of Social Security deems necessary to carry out the Commissioner’s functions under paragraph (2) of this subsection.
(4)
For the purposes of this subsection, the term “veteran” means any individual who served in the active military or naval service of the United States at any time on or after , and prior to , and who, if discharged or released therefrom, was so discharged or released under conditions other than dishonorable after active service of ninety days or more or by reason of a disability or injury incurred or aggravated in service in line of duty; but such term shall not include any individual who died while in the active military or naval service of the United States if his death was inflicted (other than by an enemy of the United States) as lawful punishment for a military or naval offense.
(f)

Right to annuity; waiver

(1)
section 402 of this titlesection 402 of this title In any case where a World War II veteran (as defined in subsection (d)(2)) or a veteran (as defined in subsection (e)(4)) has died or shall hereafter die, and his or her surviving spouse or child is entitled under subchapter III of chapter 83 of title 5 to an annuity in the computation of which his or her active military or naval service was included, clause (B) of subsection (a)(1) or clause (B) of subsection (e)(1) shall not operate (solely by reason of such annuity) to make such subsection inapplicable in the case of any monthly benefit under which is based on his or her wages and self-employment income; except that no such surviving spouse or child shall be entitled under to any monthly benefit in the computation of which such service is included by reason of this subsection (A) unless such surviving spouse or child after December 1956 waives his or her right to receive such annuity, or (B) for any month prior to the first month with respect to which the Director of the Office of Personnel Management certifies to the Commissioner of Social Security that (by reason of such waiver) no further annuity will be paid to such surviving spouse or child under such subchapter III on the basis of such veteran’s military or civilian service. Any such waiver shall be irrevocable.
(2)
Whenever a surviving spouse waives his or her right to receive such annuity such waiver shall constitute a waiver on his or her own behalf; a waiver by a legal guardian or guardians, or, in the absence of a legal guardian, the person (or persons) who has the child in his or her care, of the child’s right to receive such annuity shall constitute a waiver on behalf of such child. Such a waiver with respect to an annuity based on a veteran’s service shall be valid only if the surviving spouse and all children, or, if there is no surviving spouse, all the children, waive their rights to receive annuities under subchapter III of chapter 83 of title 5 based on such veteran’s military or civilian service.
(g)

Appropriation to trust funds

(1)
Within thirty days after , the Commissioner of Social Security shall determine the amount equal to the excess of—
(A)
section 410 of this title1
1 See References in Text note below.
the actuarial present value as of , of the past and future benefit payments from the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund under this subchapter and subchapter XVIII, together with associated administrative costs, resulting from the operation of this section (other than this subsection) and as in effect before the enactment of the Social Security Amendments of 1950, over
(B)
any amounts previously transferred from the general fund of the Treasury to such Trust Funds pursuant to the provisions of this subsection as in effect immediately before .
Such actuarial present value shall be based on the relevant actuarial assumptions set forth in the report of the Board of Trustees of each such Trust Fund for 1983 under sections 401(c) and 1395i(b) of this title. Within thirty days after , the Secretary of the Treasury shall transfer the amount determined under this paragraph with respect to each such Trust Fund to such Trust Fund from amounts in the general fund of the Treasury not otherwise appropriated.
(2)
section 1395i(b) of this title The Commissioner of Social Security shall revise the amount determined under paragraph (1) with respect to each such Trust Fund in 1985 and each fifth year thereafter through 2010, as determined appropriate by the Commissioner of Social Security from data which becomes available to the Commissioner after the date of the determination under paragraph (1) on the basis of the amount of benefits and administrative expenses actually paid from such Trust Fund under this subchapter or subchapter XVIII and the relevant actuarial assumptions set forth in the report of the Board of Trustees of such Trust Fund for such year under section 401(c) or 1395i(b) of this title. The Secretary of Health and Human Services shall revise the amount determined under paragraph (1) with respect to the Federal Hospital Insurance Trust Fund under subchapter XVIII in 2015 and each fifth year thereafter through such date, and using such data, as the Secretary determines appropriate on the basis of the amount of benefits and administrative expenses actually paid from such Trust Fund under subchapter XVIII and the relevant actuarial assumptions set forth in the report of the Board of Trustees of such Trust Fund for such year under . Within 30 days after any such revision, the Secretary of the Treasury, to the extent provided in advance in appropriation Acts, shall transfer to such Trust Fund, from amounts in the general fund of the Treasury not otherwise appropriated, or from such Trust Fund to the general fund of the Treasury, such amounts as the Secretary of the Treasury determines necessary to take into account such revision.
(h)

Determination of veterans status

(1)
For the purposes of this section, any individual who the Commissioner of Social Security finds—
(A)
served during World War II (as defined in subsection (d)(1)) in the active military or naval service of a country which was on , at war with a country with which the United States was at war during World War II;
(B)
entered into such active service on or before ;
(C)
was a citizen of the United States throughout such period of service or lost his United States citizenship solely because of his entrance into such service;
(D)
had resided in the United States for a period or periods aggregating four years during the five-year period ending on the day of, and was domiciled in the United States on the day of, such entrance into such active service; and
(E)
(i)
was discharged or released from such service under conditions other than dishonorable after active service of ninety days or more or by reason of a disability or injury incurred or aggravated in service in line of duty, or
(ii)
died while in such service,
shall be considered a World War II veteran (as defined in subsection (d)(2)) and such service shall be considered to have been performed in the active military or naval service of the United States.
(2)
In the case of any individual to whom paragraph (1) applies, proof of support required under section 402(f) or (h) of this title may be filed at any time prior to the expiration of two years after the date of such individual’s death or , whichever is the later.

Aug. 14, 1935, ch. 531Aug. 28, 1950, ch. 80964 Stat. 512July 18, 1952, ch. 945, § 5(a)66 Stat. 773Aug. 14, 1953, ch. 483, § 167 Stat. 580Sept. 1, 1954, ch. 120668 Stat. 1081Aug. 9, 1955, ch. 685, § 169 Stat. 621Aug. 1, 1956, ch. 83770 Stat. 872Pub. L. 85–840, title III, § 314(a)72 Stat. 1036Pub. L. 85–857, § 13(i)(2)72 Stat. 1265Pub. L. 86–778, title I, § 103(j)(2)(C)74 Stat. 937Pub. L. 89–97, title III, § 32279 Stat. 396Pub. L. 90–248, title IV, § 403(c)81 Stat. 932Pub. L. 94–27390 Stat. 376Pub. L. 95–216, title II, § 205(c)91 Stat. 1529Pub. L. 97–35, title XXII, § 2201(c)(7)95 Stat. 832Pub. L. 97–123, § 2(g)95 Stat. 1661Pub. L. 98–21, title I, § 151(a)97 Stat. 103Pub. L. 98–369, div. B, title VI, § 2663(a)(12)98 Stat. 1164Pub. L. 101–239, title X, § 10208(d)(2)(A)(iv)103 Stat. 2481Pub. L. 101–508, title V, § 5117(b)104 Stat. 1388–277Pub. L. 102–40, title IV, § 402(d)(2)105 Stat. 239Pub. L. 102–54, § 13(q)(3)(A)(i)105 Stat. 279Pub. L. 103–296, title I, § 107(a)(4)108 Stat. 1478Pub. L. 114–74, title VIII, § 842129 Stat. 617(, title II, § 217, as added , title I, § 105, ; amended , (d)(1), , 775; , ; , title I, § 106(e), ; , ; , title IV, §§ 404(a), (b), 406, , 873, 875; , (b), , , 1037; , , ; , , ; , , ; , , ; , §§ 2(23), 16, , , 379; , , ; , , ; , , ; , title III, § 308, , , 115; , (j)(3)(A)(ii), , , 1170; , , ; , , ; , , ; , (D), (E), , ; , , ; , , .)

Editorial Notes

References in Text

act Aug. 28, 1950, ch. 80964 Stat. 477section 1305 of this titleThe Social Security Amendments of 1950, referred to in subsec. (g)(1)(A), probably means , , known as the Social Security Act Amendments of 1950. For complete classification of this Act to the Code, see Short Title of 1950 Amendment note set out under and Tables.

Amendments

Pub. L. 114–74section 1395i(b) of this title2015—Subsec. (g)(2). inserted “through 2010” after “each fifth year thereafter” in first sentence and inserted after first sentence “The Secretary of Health and Human Services shall revise the amount determined under paragraph (1) with respect to the Federal Hospital Insurance Trust Fund under subchapter XVIII in 2015 and each fifth year thereafter through such date, and using such data, as the Secretary determines appropriate on the basis of the amount of benefits and administrative expenses actually paid from such Trust Fund under subchapter XVIII and the relevant actuarial assumptions set forth in the report of the Board of Trustees of such Trust Fund for such year under .”

Pub. L. 103–296, § 107(a)(4)1994—Subsec. (a)(2), (3). , substituted “Commissioner of Social Security” for “Secretary” wherever appearing, “unless the Commissioner” for “unless he” and “If the Commissioner” for “If he” in par. (2), and “to the Commissioner” for “to him” and “the Commissioner’s functions” for “his functions” in par. (3).

Pub. L. 103–296, § 107(a)(4)Subsec. (b)(2). , substituted “Commissioner of Social Security” for “Secretary” wherever appearing except where appearing before “of Veterans Affairs” or after “that” and substituted “unless the Commissioner” for “unless he” and “certified by the Commissioner” for “certified by him”.

Pub. L. 103–296, § 107(a)(4)Subsec. (e)(2), (3). , substituted “Commissioner of Social Security” for “Secretary” wherever appearing, “the Commissioner has” for “he has” in two places in par. (2), and “certify to the Commissioner” for “certify to him” and “the Commissioner’s” for “his” in par. (3).

Pub. L. 103–296, § 107(a)(4)Subsec. (f)(1). , substituted “Commissioner of Social Security” for “Secretary”.

Pub. L. 103–296, § 107(a)(4)Subsec. (g). , substituted “Commissioner of Social Security” for “Secretary” wherever appearing, except where appearing before “of the Treasury” and substituted “the Commissioner after” for “him after” in par. (2).

Pub. L. 103–296, § 107(a)(4)Subsec. (h)(1). , substituted “Commissioner of Social Security” for “Secretary” in introductory provisions.

Pub. L. 102–54, § 13(q)(3)(A)(i)1991—Subsec. (a)(1)(B). , substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

Pub. L. 102–54, § 13(q)(3)(D)Subsec. (b)(1)(B). , substituted “Secretary of Veterans Affairs to be payable by him” for “Veterans’ Administration to be payable by it”.

Pub. L. 102–54, § 13(q)(3)(E)Subsec. (b)(2). , substituted references to Secretary of Veterans Affairs and Secretary for references to Veterans’ Administration and Administration, wherever appearing.

Pub. L. 102–40section 5301 of title 38section 3101 of title 38 substituted “” for “”.

Pub. L. 102–54, § 13(q)(3)(A)(i)Subsec. (e)(1)(B). , substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

Pub. L. 101–508, § 5117(b)(1)1990—Subsec. (b)(1). , substituted “Subject to paragraph (3), any” for “Any”.

Pub. L. 101–508, § 5117(b)(2)Subsec. (b)(3). , added par. (3).

Pub. L. 101–2391989—Subsec. (b)(1). substituted “409(a)(4)(B)” for “409(e)(2)” in introductory provisions.

Pub. L. 98–369, § 2663(j)(3)(A)(ii)1984—Subsecs. (a)(2), (3), (b)(2). , struck out “of Health, Education, and Welfare” after “Secretary” wherever appearing.

Pub. L. 98–369, § 2663(a)(12)(A)Subsec. (d). , realigned margins of subsec. (d).

Pub. L. 98–369, § 2663(a)(12)(B)Subsec. (e)(1). , inserted reference to National Oceanic and Atmospheric Administration.

Pub. L. 98–369, § 2663(j)(3)(A)(ii)Subsec. (e)(2), (3). , struck out “of Health, Education, and Welfare” after “Secretary” wherever appearing.

Pub. L. 98–369, § 2663(a)(12)(C)Subsec. (f)(1). , substituted “Director of the Office of Personnel Management” for “Civil Service Commission”.

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

Pub. L. 98–21, § 308(2)1983—Subsec. (f). , substituted “his or her” for “his” and “her” wherever appearing, except in cl. (A) of par. (1).

Pub. L. 98–21, § 308(1), substituted “surviving spouse” for “widow” wherever appearing.

Pub. L. 98–21, § 151(a)section 410 of this titlesection 401(d) of this titleSubsec. (g). , amended subsec. generally, substituting provisions relating to determination of amounts to be appropriated to trust funds and to revisions of such amounts for provisions which had formerly required that, in September of 1965, 1970, and 1975, and in October 1980 and in every fifth October thereafter up to and including October 2010, the Secretary determine the amount which, if paid in equal installments at the beginning of each fiscal year in the period beginning (A) with , in the case of the first such determination, and (B) with the beginning of the first fiscal year commencing after the determination in the case of all other such determinations, and ending with the close of , would accumulate, with interest compounded annually, to an amount equal to the amount needed to place each of the Trust Funds and the Federal Hospital Insurance Trust Fund in the same position at the close of , as he estimated they would otherwise be in at the close of that date if as in effect prior to the Social Security Act Amendments of 1950, and this section, had not been enacted, with the interest to be used in determining such amount to be the rate determined under for public-debt obligations which were or could have been issued for purchase by the Trust Funds in the June preceding the September in which the determinations in 1965, 1970, and 1975 were made and in the September preceding the October in which all other determinations were made.

Pub. L. 97–123section 415(a)(6) of this title1981—Subsec. (b)(1). struck out “, and as modified by the application of ”.

Pub. L. 97–35section 415(a)(6) of this title inserted “, and as modified by the application of ”.

Pub. L. 95–216section 415(c) of this titlesection 415(c) of this titlesection 415(d) of this titlesection 415(d) of this title1977—Subsec. (b)(1). substituted “ as in effect in December 1978” for “” in two places and “ as in effect in December 1978” for “”.

Pub. L. 94–273, § 161976—Subsec. (g)(1). , substituted provisions relating to determination of the required amount for payment in September of 1965, 1970, and 1975, and in October 1980 and in every fifth October thereafter up to and including October 2010, and ending with the close of , for provisions relating to determination of the required amount for payment in September 1965, and in every fifth September thereafter up to and including September 2010, and ending with the close of , and inserted provisions relating to the rate of interest for the determination of the required amount in the Septembers preceding the Octobers for all the other determinations subsequent to the 1975 determination.

Pub. L. 94–273, § 2(23)Subsec. (g)(2)(B), (3), (4). , substituted “September” for “June” wherever appearing.

Pub. L. 90–248, § 403(c)(1)1968—Subsec. (f)(1). , substituted “subchapter III of chapter 83 of title 5” and “such subchapter III” for “the Civil Service Retirement Act of , as amended,” and “such Act of , as amended,”, respectively.

Pub. L. 90–248, § 403(c)(2)Subsec. (f)(2). , substituted “subchapter III of chapter 83 of title 5” for “the Civil Service Retirement Act of , as amended”.

Pub. L. 89–97section 410 of this titlesection 401(d) of this title1965—Subsec. (g)(1). substituted provisions requiring the Secretary to determine, in September 1965, and every fifth September thereafter, up to and including September 2010, the amount necessary to place each of the Trust Funds and the Federal Hospital Insurance Trust Fund in the same position at the close of , as they would otherwise have been in at the close of that date if , as in effect prior to the Social Security Act Amendments of 1950, and this section had not been enacted and providing for determination of interest in accordance with , for provisions authorizing the appropriation of sums necessary to meet additional costs resulting from payment of benefits after June 1956 under subsecs. (a), (b), and (e), including lump-sum death payments.

Pub. L. 89–97section 410 of this titleSubsec. (g)(2). substituted provisions authorizing appropriation to the Trust Funds and the Federal Hospital Insurance Trust Fund in the fiscal years ending with the close of , for provisions requiring the Secretary to determine before , the amount necessary to place the Federal Old-Age and Survivors Insurance Trust Fund in the same position it would have been at the close of , if , as in effect prior to the Social Security Act Amendments of 1950, and this section had not been enacted and authorizing appropriations during the first ten years beginning after such determination had been made aggregating the sum so determined plus interest.

Pub. L. 89–97Subsec. (g)(3), (4). added pars. (3) and (4).

Pub. L. 86–778lsection 410(m)(1) of this title1960—Subsec. (e)(1). substituted “section 410()(1) of this title” for “”.

Pub. L. 85–857section 3101 of title 38section 454a of title 381958—Subsec. (b)(2). substituted “” for “”.

Pub. L. 85–840, § 314(b)Subsec. (g). , substituted “Trust Funds” for “Trust Fund” in par. (1), and “the Federal Old-Age and Survivors Insurance Trust Fund in” for “the Trust Fund in”, “such Trust Fund annually”, for “the Trust Fund annually”, and “such Trust Fund during” for “the Trust Fund during” in par. (2).

Pub. L. 85–840, § 314(a)Subsec. (h). , added subsec. (h).

1956—Subsec. (e). Act , § 404(a), amended subsec. (e) generally, substituting “” for “” in five places, and inserting provisions in par. (1) relating to monthly benefits for months after December 1956 and any lump-sum death payment under this subchapter with respect to a death occurring after December 1956.

Subsecs. (f), (g). Act , §§ 404(b), 406, added subsecs. (f) and (g), respectively.

1955—Subsec. (e). Act , substituted “” for “” wherever appearing.

section 416(i)(3) of this title1954—Subsec. (a)(1). Act , § 106(e)(1), (3), inserted “and for purposes of ” after “World War II veteran” in first sentence, and inserted sentence at end.

section 416(i)(3) of this titleSubsec. (e)(1). Act , § 106(e)(2), (3), inserted “and for purposes of ” after “veteran (as defined in paragraph (4) of this subsection)” and inserted sentence at end.

1953—Subsec. (e). Act , substituted “” for “” wherever appearing.

1952—Act , § 5(a), struck out reference to World War II veterans in section catchline.

Subsec. (a)(1). Act , § 5(d)(1), inserted provision following cl. (B) that cl. (B) not apply in the case of any monthly benefits or lump-sum death payments under this subchapter.

Subsec. (e). Act , § 5(a), added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–296section 110(a) of Pub. L. 103–296section 401 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1984 Amendment

Pub. L. 98–369section 2664(b) of Pub. L. 98–369section 401 of this titleAmendment by effective , 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 , set out as a note under .

Effective Date of 1983 Amendment

section 308 of Pub. L. 98–21section 310 of Pub. L. 98–21section 402 of this titleAmendment by applicable only with respect to monthly payments payable under this subchapter for months after April 1983, see , set out as a note under .

Effective Date of 1981 Amendment

section 2201(c)(7) of Pub. L. 97–35section 2(g) of Pub. L. 97–123Pub. L. 97–123section 415 of this titleAmendment by and by applicable with respect to benefits for months after December 1981 with certain exceptions, see section 2(j)(2)–(4) of , set out as a note under .

Effective Date of 1977 Amendment

Pub. L. 95–216section 206 of Pub. L. 95–216section 402 of this titleAmendment by effective with respect to monthly benefits and lump-sum death payments for deaths occurring after December 1978, see , set out as a note under .

Effective Date of 1960 Amendment

Pub. L. 86–778section 103(v)(1) of Pub. L. 86–778section 402 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1958 Amendment

Pub. L. 85–857section 2 of Pub. L. 85–857Amendment by effective , see , set out as an Effective Date note preceding Part I of Title 38, Veterans’ Benefits.

Pub. L. 85–840, title III, § 314(c)(1)72 Stat. 1037

42 U.S.C. 40242 U.S.C. 416(i)“The amendment made by subsection (a) [amending this section] shall apply only with respect to (A) monthly benefits under sections 202 and 223 of the Social Security Act [, 423] for months after the month in which this Act is enacted [August 1958], (B) lump-sum death payments under such section 202 in the case of deaths occurring after the month in which this Act is enacted, and (C) periods of disability under section 216(i) [] in the case of applications for a disability determination filed after the month in which this Act is enacted.”
, , , provided that:

Effective Date of 1956 Amendment

Act Aug. 1, 1956, ch. 837, title IV, § 404(d)70 Stat. 874

42 U.S.C. 417(e)(1)“Except for the last sentence of section 217(e)(1) of the Social Security Act [] as amended by subsection (a) of this section, the amendments made by such subsection (a) [amending this section] shall be effective as though they had been enacted on . Such last sentence of section 217(e)(1) of the Social Security Act shall become effective .”
, , provided that:

act Aug. 1, 1956, ch. 837, title VI, § 603(a)70 Stat. 887Amendment by section 406 of act , effective , see , .

Effective Date of 1954 Amendment

section 415(f) of this titlesection 413 of this titleAmendment by section 106(e) 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 Date of 1952 Amendment

Act of July 18, 1952, ch. 945, § 5(c)66 Stat. 775Pub. L. 86–778, title III, § 304(d)74 Stat. 966

“(1)
section 405 of this title42 U.S.C. 40242 U.S.C. 417(e)42 U.S.C. 415(f)(1) The amendments made by subsections (a) and (b) [amending this section and ] shall apply with respect to monthly benefits under section 202 of the Social Security Act [] for months after August 1952, and with respect to lump-sum death payments in the case of deaths occurring after August 1952, except that, in the case of any individual who is entitled, on the basis of the wages and self-employment income of any individual to whom section 217(e) of the Social Security Act [] applies, to monthly benefits under such section 202 for August 1952, such amendments shall apply (A) only if an application for recomputation by reason of such amendments is filed by such individual, or any other individual, entitled to benefits under such section 202 on the basis of such wages and self-employment income, and (B) only with respect to such benefits for months after whichever of the following is the later: August 1952 of the seventh month before the month in which such application was filed. Recomputations of benefits as required to carry out the provisions of this paragraph shall be made notwithstanding the provisions of section 215(f)(1) of the Social Security Act []; but no such recomputation shall be regarded as a recomputation for purposes of section 215(f) of such act. Notwithstanding the preceding provisions of this paragraph, the primary insurance amount of an individual shall not be recomputed under such provisions unless such individual files the application referred to in clause (A) of the first sentence of this paragraph prior to January 1961 or, if he dies without filing such application, his death occurred prior to January 1961.
“(2)
42 U.S.C. 417(e)(4) In the case of any veteran (as defined in section 217(e)(4) of the Social Security Act []) who died prior to September 1952, the requirement in subsections (f) and (h) of section 202 of the Social Security Act that proof of support be filed within two years of the date of such death shall not apply if such proof is filed prior to September 1954.”
, , as amended by , , , provided that:

Act July 18, 1952, ch. 945, § 5(d)(2)66 Stat. 775

42 U.S.C. 402“The amendment made by paragraph (1) of this subsection [amending this section] shall apply only in the case of applications for benefits under section 202 of the Social Security Act [] filed after August 1952.”
, , provided that:

Effective Date

Act Aug. 28, 1950, ch. 809, title I, § 10564 Stat. 512, , provided that this section is effective .

Transfer of Functions

section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , set out as a note under .

Pub. L. 89–670, § 6(b)(1)80 Stat. 938Section 6(b)(2) of Pub. L. 89–670section 108 of Title 49Coast Guard transferred to Department of Transportation, and functions, powers, and duties relating to Coast Guard, of Secretary of the Treasury and of other officers and offices of Department of the Treasury transferred to Secretary of Transportation by , , . , however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in former section 3 (now 103) of Title 14, Coast Guard. See , Transportation.

Recomputation of Primary Insurance Amount of Certain Individuals

Pub. L. 85–840, title III, § 314(c)(2)72 Stat. 1037

“In the case of any individual—
“(A)
42 U.S.C. 417(d)(2) who is a World War II veteran (as defined in section 217(d)(2) of the Social Security Act []) wholly or partly by reason of service described in section 217(h)(1)(A) of such Act; and
“(B)
42 U.S.C. 402(a)42 U.S.C. 423 who (i) became entitled to old-age insurance benefits under section 202(a) of the Social Security Act [] or to disability insurance benefits under section 223 of such Act [] prior to the first day of the month following the month in which this Act is enacted [August 1958], or (i) died prior to such first day, and whose widow, former wife divorced, widower, child, or parent is entitled for the month in which this Act is enacted, on the basis of his wages and self-employment income, to a monthly benefit under section 202 of such Act; and
“(C)
42 U.S.C. 415 any part of whose service described in section 217(h)(1)(A) of the Social Security Act was not included in the computation of his primary insurance amount under section 215 of such Act [] but would have been included in such computation if the amendment made by subsection (a) of this section had been effective prior to the date of such computation,
42 U.S.C. 401the Secretary of Health, Education, and Welfare [now Health and Human Services] shall, notwithstanding the provisions of section 215(f)(1) of the Social Security Act, recompute the primary insurance amount of such individual upon the filing of an application, after the month in which this Act is enacted [Aug. 1958], by him or (if he has died without filing such an application) by any person entitled to monthly benefits under section 202 of the Social Security Act on the basis of his wages and self-employment income. Such recomputation shall be made only in the manner provided in title II of the Social Security Act [ et seq.] as in effect at the time of the last previous computation or recomputation of such individual’s primary insurance amount, and as though application therefor was filed in the month in which application for such last previous computation or recomputation was filed. No recomputation made under this subsection shall be regarded as a recomputation under section 215(f) of the Social Security Act. Any such recomputation shall be effective for and after the twelfth month before the month in which the application is filed, but in no case for the month in which this Act is enacted or any prior month.”
, , , provided that:

Recomputation of Social Security Benefits of Widows and Children Who Waive Right to Annuity Under Civil Service Retirement Act

Act Aug. 1, 1956, ch. 837, title IV, § 404(c)70 Stat. 874

“In the case of any deceased individual—
“(1)
42 U.S.C. 417(d)(2) who is a World War II veteran (as defined in section 217(d)(2) of the Social Security Act []) or a veteran (as defined in section 217(e)(4) of such Act); and
“(2)
whose widow or child is entitled under the Civil Service Retirement Act of , as amended [see section 8301 et seq. of Title 5, Government Organization and Employees], to an annuity in the computation of which his active military or naval service after , and before , was included; and
“(3)
42 U.S.C. 402 whose widow or child is entitled under section 202 of the Social Security Act [], on the basis of his wages and self-employment income, to a monthly benefit in the computation of which such active military or naval service was excluded (under clause (B) of subsection (a)(1) or (e)(1) of section 217 of such Act) solely by reason of the annuity described in the preceding paragraph; and
“(4)
whose widow or child is entitled by reason of section 217(f) of the Social Security Act to have such active military or naval service included in the computation of such monthly benefit,
42 U.S.C. 415(f)(1)42 U.S.C. 401the Secretary of Health, Education, and Welfare [now Health and Human Services] shall, notwithstanding the provisions of section 215(f)(1) of the Social Security Act [], recompute the primary insurance amount of such individual upon the filing of an application, after December 1956, by or on behalf of such widow or child. Such recomputation shall be made only in the manner provided in title II of the Social Security Act [ et seq.] as in effect at the time of such individual’s death, and as though application therefor was filed in the month in which he died. No recomputation made under this subsection shall be regarded as a recomputation under section 215(f) of the Social Security Act. Any such recomputation shall be effective for and after the twelfth month before the month in which the application is filed, but in no case for any month before the first month with respect to which such widow or child is entitled by reason of section 217(f) of the Social Security Act to have such active military or naval service included in the computation of such monthly benefits. The terms used in this subsection shall have the same meaning as when used in title II of the Social Security Act.”
, , provided that:

Executive Documents

Change of Name

79 Stat. 131884 Stat. 2090section 851 of Title 33Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. , 30 F.R. 8819, , set out in the Appendix to Title 5, Government Organization and Employees. Reorg. Plan No. 4 of 1970, eff. , 35 F.R. 15627, , abolished Environmental Science Services Administration, established National Oceanic and Atmospheric Administration, and redesignated Commissioned Officer Corps of ESSA as Commissioned Officer Corps of NOAA. For further details, see Transfer of Functions note set out under , Navigation and Navigable Waters.