US Code

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

42 U.S.C. § 427

Transitional insured status for purposes of old-age and survivors benefits

(a)

Determination of entitlement to benefits under section 402(a) to (c) of this title

section 414(a) of this titlesection 414(a) of this titlesection 402(a) of this titlesection 402(c) of this titlesection 402(c) of this titlesection 414(a) of this titlesection 402(a) of this titlesection 415(i) of this titlesection 402(c) of this titlesection 415(i) of this titleIn the case of any individual who attains the age of 72 before 1969 but who does not meet the requirements of , the 6 quarters of coverage referred to in paragraph (1) of shall, instead, be 3 quarters of coverage for purposes of determining entitlement of such individual to benefits under , and of the spouse to benefits under section 402(b) or , but, in the case of such spouse, only if he or she attains the age of 72 before 1969 and only with respect to spouse’s insurance benefits under section 402(b) or for and after the month in which he or she attains such age. For each month before the month in which any such individual meets the requirements of , the amount of the old-age insurance benefit shall, notwithstanding the provisions of , be the larger of $64.40 or the amount most recently established in lieu thereof under and the amount of the spouse’s insurance benefit of the spouse shall, notwithstanding the provisions of section 402(b) or , be the larger of $32.20 or the amount most recently established in lieu thereof under .

(b)

Determination of entitlement to surviving spouse’s benefits under section 402(e) or (f) of this title

section 414(a) of this titlesection 414(a) of this titlesection 402(f) of this titleIn the case of any individual who has died, who does not meet the requirements of , and whose surviving spouse attains age 72 before 1969, the 6 quarters of coverage referred to in paragraph (3) of and in paragraph (1) thereof shall, for purposes of determining the entitlement to surviving spouse’s insurance benefits under section 402(e) or , instead be—
(1)
3 quarters of coverage if such surviving spouse attains the age of 72 in or before 1966,
(2)
4 quarters of coverage if such surviving spouse attains the age of 72 in 1967, or
(3)
5 quarters of coverage if such surviving spouse attains the age of 72 in 1968.
section 402(f) of this title1
1 See References in Text note below.
section 415(i) of this titleThe amount of the surviving spouse’s insurance benefit for each month shall, notwithstanding the provisions of section 402(e) or (and section 402(m)  of this title), be the larger of $64.40 or the amount most recently established in lieu thereof under .
(c)

Deceased individual entitled to benefits by reason of subsection (a) deemed to meet requirements of subsection (b)

section 402(a) of this titlesection 402(f) of this titleIn the case of any individual who becomes, or upon filing application therefor would become, entitled to benefits under by reason of the application of subsection (a) of this section, who dies, and whose surviving spouse attains the age of 72 before 1969, such deceased individual shall be deemed to meet the requirements of subsection (b) of this section for purposes of determining entitlement of such surviving spouse to surviving spouse’s insurance benefits under section 402(e) or .

Aug. 14, 1935, ch. 531Pub. L. 89–97, title III, § 309(a)79 Stat. 379Pub. L. 90–248, title I, § 102(a)81 Stat. 827Pub. L. 91–172, title X, § 1003(a)83 Stat. 740Pub. L. 92–5, title II, § 202(a)85 Stat. 10Pub. L. 92–336, title II, § 201(g)(1)86 Stat. 411Pub. L. 92–603, title I, § 10486 Stat. 1340Pub. L. 93–233, § 2(b)(1)87 Stat. 952Pub. L. 98–21, title III, § 304(a)97 Stat. 112(, title II, § 227, as added , , ; amended , , ; , , ; , , ; , , ; (e), (f), , ; , , ; , (b), , .)

Editorial Notes

References in Text

Section 402(m) of this titlePub. L. 97–35, title XXII, § 2201(b)(10)95 Stat. 831, referred to in subsec. (b), was repealed by , , .

Amendments

Pub. L. 98–21, § 304(a)1983—Subsec. (a). , substituted “spouse” for “wife”, “spouse’s” for “wife’s”, and “he or she” for “she”, wherever appearing, substituted “the” for “his” after “402(a) of this title, and of” and preceding “spouse” in two places and preceding “old-age insurance”, and inserted “or section 402(c)” after “section 402(b)” wherever appearing.

Pub. L. 98–21, § 304(b)Subsec. (b). , substituted “surviving spouse” for “widow” and “surviving spouse’s” for “widow’s” wherever appearing, substituted “the” for “her” after “determining” and “The amount of”, and inserted “or section 402(f)” after “section 402(e)” wherever appearing.

Pub. L. 98–21, § 304(b)(1)Subsec. (c). , (2), (4), substituted “surviving spouse” for “widow” wherever appearing and “surviving spouse’s” for “widow’s”, and inserted “or section 402(f)” after “section 402(e)”.

Pub. L. 93–233, § 2(b)(1)section 415(i) of this titlesection 415(i) of this title1973—Subsec. (a). , substituted “the larger of $64.40 or the amount most recently established in lieu thereof under ” for “$58.00” and “the larger of $32.20 or the amount most recently established in lieu thereof under ” for “$29.00”.

Pub. L. 93–233, § 2(b)(1)section 415(i) of this titleSubsec. (b). , substituted “the larger of $64.40 or the amount most recently established in lieu thereof under ” for “$58.00”.

Pub. L. 92–336, § 201(g)(1)(A)1972—Subsec. (a). , substituted “$58.00” for “$48.30” and “$29.00” for “$24.20”.

Pub. L. 92–603, § 104(e)section 414(a) of this titlesection 414(a) of this titleSubsec. (a)(1). , substituted “paragraph (1) of ” for “so much of paragraph (1) of as follows clause (C)”.

Pub. L. 92–336, § 201(g)(1)(B)Subsec. (b). , substituted “$58.00” for “$48.30”.

Pub. L. 92–603, § 104(f)Subsec. (b)(1). , substituted “paragraph (1) thereof” for “so much of paragraph (1) thereof as follows clause (C)”.

Pub. L. 92–5, § 202(a)(1)1971—Subsec. (a). , substituted “$48.30” for “$46” and “$24.20” for “$23”.

Pub. L. 92–5, § 202(a)(2)Subsec. (b). , substituted “$48.30” for “$46”.

Pub. L. 91–172, § 1003(a)(1)1969—Subsec. (a). , substituted “$46” for “$40”, and “$23” for “$20”.

Pub. L. 91–172, § 1003(a)(2)Subsec. (b). , substituted “$46” for “$40”.

Pub. L. 90–248, § 102(a)(1)1968—Subsec. (a). , substituted “$40” for “$35” and “$20” for “$17.50”.

Pub. L. 90–248, § 102(a)(2)Subsec. (b). , substituted “$40” for “$35”.

Statutory Notes and Related Subsidiaries

Effective Date of 1983 Amendment

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 1973 Amendment

Pub. L. 93–233, § 2(b)(1)87 Stat. 952, , , provided that the amendment made by that section is effective .

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

Effective Date of 1972 Amendment

Pub. L. 92–603section 104(j) of Pub. L. 92–603section 414 of this titleAmendment by applicable only in the case of a man who attains (or would attain) age 62 after December 1974, see , set out as a note under .

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

Effective Date of 1971 Amendment

Pub. L. 92–5, title II, § 202(c)85 Stat. 10

section 428 of this title42 U.S.C. 401“The amendments made by subsections (a) and (b) [amending this section and ] shall apply with respect to monthly benefits under title II of the Social Security Act [ et seq.] for months after December 1970.”
, , , provided that:

Effective Date of 1969 Amendment

Pub. L. 91–172, title X, § 1003(c)83 Stat. 741

section 428 of this title42 U.S.C. 401“The amendments made by subsections (a) and (b) [amending this section and ] shall apply with respect to monthly benefits under title II of the Social Security Act [ et seq.] for months after December 1969.”
, , , provided that:

Effective Date of 1968 Amendment

Pub. L. 90–248, title I, § 102(c)81 Stat. 828

section 428 of this title42 U.S.C. 401“The amendments made by subsections (a) and (b) [amending this section and ] shall apply with respect to monthly benefits under title II of the Social Security Act [ et seq.] for months after January 1968.”
, , , provided that:

Effective Date

Pub. L. 89–97, title III, § 309(b)79 Stat. 380

42 U.S.C. 401“The amendment made by subsection (a) [enacting this section] shall apply in the case of monthly benefits under title II of the Social Security Act [ et seq.] for and after the second month following the month [July 1965] in which this Act is enacted on the basis of applications filed in or after the month in which this Act is enacted.”
, , , provided that:

Repeal of Amendment of Subsecs. (a) and (b) Prior to Effective Date

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