US Code

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

42 U.S.C. § 428

Benefits at age 72 for certain uninsured individuals

(a)

Eligibility

Every individual who—
(1)
has attained the age of 72,
(2)
(A)
attained such age before 1968, or (B)(i) attained such age after 1967 and before 1972, and (ii) has not less than 3 quarters of coverage, whenever acquired, for each calendar year elapsing after 1966 and before the year in which he or she attained such age,
(3)
section 410(i) of this title is a resident of the United States (as defined in subsection (e)), and is (A) a citizen of the United States or (B) an alien lawfully admitted for permanent residence who has resided in the United States (as defined in ) continuously during the 5 years immediately preceding the month in which he or she files application under this section, and
(4)
has filed application for benefits under this section,
shall (subject to the limitations in this section) be entitled to a benefit under this section for each month beginning with the first month after September 1966 in which he or she becomes so entitled to such benefits and ending with the month preceding the month in which he or she dies. No application under this section which is filed by an individual more than 3 months before the first month in which he or she meets the requirements of paragraphs (1), (2), and (3) shall be accepted as an application for purposes of this section.
(b)

Amount of benefits

section 415(i) of this titleThe benefit amount to which an individual is entitled under this section for any month shall be the larger of $64.40 or the amount most recently established in lieu thereof under .

(c)

Reduction for government pension system benefits

(1)
The benefit amount of any individual under this section for any month shall be reduced (but not below zero) by the amount of any periodic benefit under a governmental pension system for which he or she is eligible for such month.
(2)
In the case of a husband and wife only one of whom is entitled to benefits under this section for any month, the benefit amount, after any reduction under paragraph (1), shall be further reduced (but not below zero) by the excess (if any) of (A) the total amount of any periodic benefits under governmental pension systems for which the spouse who is not entitled to benefits under this section is eligible for such month, over (B) the benefit amount as determined without regard to this subsection.
(3)
In the case of a husband or wife both of whom are entitled to benefits under this section for any month, the benefit amount of each spouse, after any reduction under paragraph (1), shall be further reduced (but not below zero) by the excess (if any) of (A) the total amount of any periodic benefits under governmental pension systems for which the other spouse is eligible for such month, over (B) the benefit amount of such other spouse as determined without regard to this subsection.
(4)
For purposes of this subsection, in determining whether an individual is eligible for periodic benefits under a governmental pension system—
(A)
such individual shall be deemed to have filed application for such benefits,
(B)
to the extent that entitlement depends on an application by such individual’s spouse, such spouse shall be deemed to have filed application, and
(C)
to the extent that entitlement depends on such individual or his or her spouse having retired, such individual and his or her spouse shall be deemed to have retired before the month for which the determination of eligibility is being made.
(5)
For purposes of this subsection, if any periodic benefit is payable on any basis other than a calendar month, the Commissioner of Social Security shall allocate the amount of such benefit to the appropriate calendar months.
(6)
If, under the foregoing provisions of this section, the amount payable for any month would be less than $1, such amount shall be reduced to zero. In the case of a husband and wife both of whom are entitled to benefits under this section for the month, the preceding sentence shall be applied with respect to the aggregate amount so payable for such month.
(7)
If any benefit amount computed under the foregoing provisions of this section is not a multiple of $0.10, it shall be raised to the next higher multiple of $0.10.
(8)
Under regulations prescribed by the Commissioner of Social Security, benefit payments under this section to an individual (or aggregate benefit payments under this section in the case of a husband and wife) of less than $5 may be accumulated until they equal or exceed $5.
(d)

Suspension for months in which cash payments are made under public assistance or in which supplemental security income benefits are payable

The benefit to which any individual is entitled under this section for any month shall not be paid for such month if—
(1)
such individual receives aid or assistance in the form of money payments in such month under a State plan approved under subchapter I, X, XIV, or XVI, or under a State program funded under part A of subchapter IV, or
(2)
such individual’s husband or wife receives such aid or assistance in such month, and under the State plan the needs of such individual were taken into account in determining eligibility for (or amount of) such aid or assistance,
section 211 of Public Law 93–66section 211 of Public Law 93–66unless the State agency administering or supervising the administration of such plan notifies the Commissioner of Social Security, at such time and in such manner as may be prescribed in accordance with regulations of the Commissioner of Social Security, that such payments to such individual (or such individual’s husband or wife) under such plan are being terminated with the payment or payments made in such month and such individual is not an individual with respect to whom supplemental security income benefits are payable pursuant to subchapter XVI or for the following month, nor shall such benefit be paid for such month if such individual is an individual with respect to whom supplemental security income benefits are payable pursuant to subchapter XVI or for such month, unless the Commissioner of Social Security determines that such benefits are not payable with respect to such individual for the month following such month.
(e)

Suspension where individual is residing outside United States

The benefit to which any individual is entitled under this section for any month shall not be paid if, during such month, such individual is not a resident of the United States. For purposes of this subsection, the term “United States” means the 50 States and the District of Columbia.

(f)

Treatment as monthly insurance benefits

section 402 of this titlesection 1395s of this titlesection 402 of this titleFor purposes of subsections (t) and (u) of , and of , a monthly benefit under this section shall be treated as a monthly insurance benefit payable under .

(g)

Annual reimbursement of Federal Old-Age and Survivors Insurance Trust Fund

There are authorized to be appropriated to the Federal Old-Age and Survivors Insurance Trust Fund for the fiscal year ending , and for each fiscal year thereafter, such sums as the Commissioner of Social Security deems necessary on account of—
(1)
payments made under this section during the second preceding fiscal year and all fiscal years prior thereto to individuals who, as of the beginning of the calendar year in which falls the month for which payment was made, had less than 3 quarters of coverage,
(2)
the additional administrative expenses resulting from the payments described in paragraph (1), and
(3)
any loss in interest to such Trust Fund resulting from such payments and expenses,
in order to place such Trust Fund in the same position at the end of such fiscal year as it would have been in if such payments had not been made.
(h)

Definitions

For purposes of this section—
(1)
l The term “quarter of coverage” includes a quarter of coverage as defined in section 228e() of title 45.
(2)
The term “governmental pension system” means the insurance system established by this subchapter or any other system or fund established by the United States, a State, any political subdivision of a State, or any wholly owned instrumentality of any one or more of the foregoing which provides for payment of (A) pensions, (B) retirement or retired pay, or (C) annuities or similar amounts payable on account of personal services performed by any individual (not including any payment under any workmen’s compensation law or any payment by the Secretary of Veterans Affairs as compensation for service-connected disability or death).
(3)
The term “periodic benefit” includes a benefit payable in a lump sum if it is a commutation of, or a substitute for, periodic payments.
(4)
section 416 of this titlesection 416 of this title The determination of whether an individual is a husband or wife for any month shall be made under subsection (h) of without regard to subsections (b) and (f) of .

Aug. 14, 1935, ch. 531Pub. L. 89–368, title III, § 302(a)80 Stat. 67Pub. L. 90–248, title I, § 102(b)81 Stat. 827Pub. L. 91–172, title X, § 1003(b)83 Stat. 740Pub. L. 92–5, title II, § 202(b)85 Stat. 10Pub. L. 92–336, title II, § 201(g)(2)86 Stat. 411Pub. L. 93–23387 Stat. 952Pub. L. 98–21, title III, § 305(a)97 Stat. 113Pub. L. 98–369, div. B, title VI98 Stat. 1159Pub. L. 101–508, title V, § 5114(a)104 Stat. 1388–273Pub. L. 102–54, § 13(q)(3)(B)(i)105 Stat. 279Pub. L. 103–296, title I, § 107(a)(4)108 Stat. 1478Pub. L. 104–193, title I, § 108(a)(2)110 Stat. 2165(, title II, § 228, as added , , ; amended , title II, § 241(a) , , 916; , , ; , , ; , , ; , §§ 2(b)(1), 18(c), , , 968; –(d), , ; , §§ 2662(e), 2663(j)(3)(A)(iv), , , 1170; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Section 211 of Pub. L. 93–66section 1382 of this title, referred to in subsec. (d), is set out as a note under .

llPub. L. 93–44588 Stat. 1305Section 228e of title 45section 231e of Title 45Section 228e() of title 45, referred to in subsec. (h)(1), is a reference to section 5() of the Railroad Retirement Act of 1937. That Act was amended in its entirety and completely revised by , , . The Act, as thus amended and revised, was redesignated the Railroad Retirement Act of 1974, and is classified generally to subchapter IV (§ 231 et seq.) of chapter 9 of Title 45, Railroads. is covered by .

Amendments

Pub. L. 104–1931996—Subsec. (d)(1). inserted “under a State program funded under” before “part A of subchapter IV”.

Pub. L. 103–2961994—Subsecs. (c)(5), (8), (d), (g). substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

Pub. L. 102–541991—Subsec. (h)(2). substituted “Secretary of Veterans Affairs” for “Veterans’ Administration”.

Pub. L. 101–5081990—Subsec. (a)(2). substituted “(B)(i) attained such age after 1967 and before 1972, and (ii)” for “(B)”.

Pub. L. 98–369, § 2662(e)Pub. L. 98–21, § 305(d)(2)1984—Subsec. (c)(4)(C). , amended directory language of . See 1983 Amendment note below.

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

Pub. L. 98–21, § 305(d)(1)1983—Subsec. (a). , substituted “he or she” for “he” wherever appearing.

Pub. L. 98–21, § 305(a)section 415(i) of this titlesection 415(i) of this titleSubsec. (b). , substituted “The” for “(1) Except as provided in paragraph (2), the” and struck out par. (2), which had provided that if both husband and wife were entitled or would have been entitled upon application to benefits under this section for any month, the amount of the husband’s benefit for such month would be the larger of $64.40 or the amount most recently established in lieu thereof under , and the amount of the wife’s benefit for such month the larger of $32.20 or the amount most recently established in lieu thereof under .

Pub. L. 98–21, § 305(d)(1)Subsec. (c)(1). , substituted “he or she” for “he”.

Pub. L. 98–21, § 305(b)section 415(i) of this titleSubsec. (c)(2). , substituted “(B) the benefit amount as determined without regard to this subsection” for “(B) the larger of $32.20 or the amount most recently established in lieu thereof under ”.

Pub. L. 98–21, § 305(c)section 415(i) of this titlesection 415(i) of this titleSubsec. (c)(3). , amended par. (3) generally, substituting provisions relating to either a husband or wife for provision that the benefit amount of the wife, after any reduction under paragraph (1), would be further reduced (but not below zero) by the excess (if any) of (i) the total amount of any periodic benefits under governmental pension systems for which the husband was eligible for such month, over (ii) the larger of $64.40 or the amount most recently established in lieu thereof under , and that the benefit amount of the husband, after any reduction under paragraph (1), would be further reduced (but not below zero) by the excess (if any) of (i) the total amount of any periodic benefits under governmental pension systems for which the wife was eligible for such month, over (ii) the larger of $32.20 or the amount most recently established in lieu thereof under .

Pub. L. 98–21, § 305(d)(2)Pub. L. 98–369, § 2662(e)Subsec. (c)(4)(C). , as amended by , substituted “his or her” for “his” wherever appearing.

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

Pub. L. 93–233, § 2(b)(1)section 415(i) of this titlesection 415(i) of this titleSubsec. (c). , substituted “the larger of $64.40 or the amount most recently established in lieu thereof under ” for “$58.00” in par. (3), subpar. (A) and “the larger of $32.20 or the amount most recently established in lieu thereof under ” for “$29.00” in par. (2) and par. (3) subpar. (B).

Pub. L. 93–233, § 18(c)Subsec. (d). provided for elimination of benefits at age 72 for uninsured individuals receiving supplemental security income benefits.

Pub. L. 92–336, § 201(g)(2)(A)1972—Subsec. (b)(1). , substituted “$58.00” for “$48.30”.

Pub. L. 92–336, § 201(g)(2)(B)Subsec. (b)(2). , substituted “$58.00” for “$48.30” and “$29.00” for “$24.20”.

Pub. L. 92–336, § 201(g)(2)(C)Subsec. (c)(2). , substituted “$29.00” for “$24.20”.

Pub. L. 92–336, § 201(g)(2)(D)Subsec. (c)(3)(A). , substituted “$58.00” for “$48.30”.

Pub. L. 92–336, § 201(g)(2)(E)Subsec. (c)(3)(B). , substituted “$29.00” for “$24.20”.

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

Pub. L. 92–5, § 202(b)(2)Subsec. (b)(2). , substituted “$48.30” for “$46” and “$24.20” for “$23”.

Pub. L. 92–5, § 202(b)(3)Subsec. (c)(2). , substituted “$24.20” for “$23”.

Pub. L. 92–5, § 202(b)(4)Subsec. (c)(3)(A). , substituted “$48.30” for “$46”.

Pub. L. 92–5, § 202(b)(5)Subsec. (c)(3)(B). , substituted “$24.20” for “$23”.

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

Pub. L. 91–172, § 1003(b)(2)Subsec. (b)(2). , substituted “$46” for “$40” and “$23” for “$20”.

Pub. L. 91–172, § 1003(b)(3)Subsec. (c)(2). , substituted “$23” for “$20”.

Pub. L. 91–172, § 1003(b)(4)Subsec. (c)(3)(A). , substituted “$46” for “$40”.

Pub. L. 91–172, § 1003(b)(5)Subsec. (c)(3)(B). , substituted “$23” for “$20”.

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

Pub. L. 90–248, § 102(b)(2)Subsec. (b)(2). , substituted “$40” for “$35” and “$20” for $17.50”.

Pub. L. 90–248, § 102(b)(3)Subsec. (c)(2). , substituted “$20” for “$17.50”.

Pub. L. 90–248, § 102(b)(4)Subsec. (c)(3)(A). , substituted “$40” for “$35”.

Pub. L. 90–248, § 102(b)(5)Subsec. (c)(3)(B). , substituted “$20” for “$17.50”.

Pub. L. 90–248, § 241(a)Subsec. (d)(1). , struck out “IV,” after “I,” and inserted “or part A of subchapter IV,” after “XVI,”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–193section 116 of Pub. L. 104–193section 601 of this titleAmendment by effective , with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see , as amended, set out as an Effective Date note under .

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 1990 Amendment

Pub. L. 101–508, title V, § 5114(b)104 Stat. 1388–274

“The amendment made by subsection (a) [amending this section] shall apply with respect [to] benefits payable on the basis of applications filed after the date of the enactment of this Act [].”
, , , provided that:

Effective Date of 1984 Amendment

section 2662(e) of Pub. L. 98–369Pub. L. 98–21section 2664(a) of Pub. L. 98–369section 401 of this titleAmendment by effective as though included in the enactment of the Social Security Amendments of 1983, , see , set out as a note under .

section 2663(j)(3)(A)(iv) of 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

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 .

section 2(b)(1) of 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. 92–336section 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. 92–5section 202(c) of Pub. L. 92–5section 427 of this titleAmendment by applicable with respect to monthly benefits under subchapter II of this chapter for months after December 1970, see , set out as a note under .

Effective Date of 1969 Amendment

Pub. L. 91–172section 1003(c) of Pub. L. 91–172section 427 of this titleAmendment by applicable for months after December 1969, see , set out as a note under .

Effective Date of 1968 Amendment

section 102(b) of Pub. L. 90–248section 102(c) of Pub. L. 90–248section 427 of this titleAmendment by applicable with respect to monthly benefits under this subchapter for months after January 1968, see , set out as a note under .

Repeal of Amendment of Subsecs. (b)(1), (2) and (c)(3)(A), (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 .

Application to Northern Mariana Islands

section 1801 of Title 48For applicability of this section to the Northern Mariana Islands, see section 502(a)(1) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America and Proc. No. 4534, , 42 F.R. 56593, set out as notes under , Territories and Insular Possessions.

Increases To Take Into Account General Benefit Increases

Pub. L. 98–21, title III, § 305(e)97 Stat. 113

42 U.S.C. 415(i)(3)“The Secretary shall increase the amounts specified in section 228 of the Social Security Act [this section], as amended by this section, to take into account any general benefit increases (as referred to in section 215(i)(3) of such Act []), and any increases under section 215(i) of such Act, which have occurred after June 1974 or may hereafter occur.”
, , , provided that:

Special $50 Payment Under Tax Reduction Act of 1975

section 702 of Pub. L. 94–12section 402 of this titleSpecial payment of $50 as soon as practicable after , by Secretary of the Treasury to each individual who, for month of March 1975, was entitled to a monthly insurance benefit payable under this subchapter, see , set out as a note under .

Applications for Transitional Coverage of Uninsured Individuals for Hospital Insurance Benefits

Pub. L. 89–368, title III, § 302(b)80 Stat. 70

42 U.S.C. 428(a)(4)section 426 of this title42 U.S.C. 428“For purposes of paragraph (4) of section 228(a) of the Social Security Act [] (added by subsection (a) of this section), an application filed under section 103 of the Social Security Amendments of 1965 [set out as a note under ] before July 1966 shall be regarded as an application under such section 228 [] and shall, for purposes of such paragraph and of the last sentence of such section 228(a), be deemed to have been filed in July 1966, unless the person by whom or on whose behalf such application was filed notifies the Secretary that he does not want such application so regarded.”
, , , provided that: