US Code

Public Law 119-87 (04/30/2026)

42 U.S.C. § 429

Benefits in case of members of uniformed services

section 416(i)(3) of this titlesection 410(m) of this titlesection 410(a) of this titlelFor purposes of determining entitlement to and the amount of any monthly benefit for any month after December 1972, 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 individual, and for purposes of , such individual, if he was paid wages for service as a member of a uniformed service (as defined in ) which was included in the term “employment” as defined in as a result of the provisions of section 410()(1)(A) of this title, shall be deemed to have been paid—
(1)
in each calendar quarter occurring after 1956 and before 1978 in which he was paid such wages, additional wages of $300, and
(2)
in each calendar year occurring after 1977 and before 2002 in which he was paid such wages, additional wages of $100 for each $300 of such wages, up to a maximum of $1,200 of additional wages for any calendar year.

Aug. 14, 1935, ch. 531 Pub. L. 90–428, title I, § 10681 Stat. 833 Pub. L. 92–603, title I, § 120(a)86 Stat. 1352 Pub. L. 95–216, title III, § 353(d)91 Stat. 1554 Pub. L. 98–21, title I, § 151(b)(1)97 Stat. 104 Pub. L. 98–369, div. B, title VI, § 2661(n)98 Stat. 1158 Pub. L. 100–203, title IX, § 9001(c)101 Stat. 1330–286 Pub. L. 103–296, title I, § 107(a)(4)108 Stat. 1478 Pub. L. 108–203, title IV, § 420(b)118 Stat. 535 (, title II, § 229, as added , , ; amended , , ; , , ; , , ; , , ; , , ; , title III, § 321(c)(6)(J), , , 1538; , , .)

Editorial Notes

Amendments

Pub. L. 108–203, § 420(b)(1)2004—, struck out subsec. (a) designation before “For purposes of” and struck out subsec. (b), which authorized to be appropriated to each of the Trust Funds, for transfer on July 1 of each calendar year to such Fund, an amount equal to the total of the additional amounts which would be appropriated to such Fund for the fiscal year ending Sept. 30 of such calendar year under section 401 or 1395i of this title if the amounts of the additional wages deemed to have been paid for such calendar year constituted remuneration for employment for purposes of the taxes imposed by sections 3101 and 3111 of the Internal Revenue Code of 1986 and set forth provisions relating to determination of amounts authorized to be appropriated and adjustments to such amounts.

Pub. L. 108–203, § 420(b)(2)Par. (2). , inserted “and before 2002” after “1977”.

Pub. L. 103–296, § 321(c)(6)(J)1994—Subsec. (b). , substituted “1986” for “1954” after “Code of” in two places.

Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places.

Pub. L. 100–203ll1987—Subsec. (a). substituted “section 410()(1)(A)” for “section 410()”.

Pub. L. 98–3691984—Subsec. (b). inserted at end “Additional adjustments may be made in the amounts so authorized to be appropriated to the extent that the amounts transferred in accordance with clauses (i) and (ii) of section 151(b)(3)(B) of the Social Security Amendments of 1983 with respect to wages deemed to have been paid in 1983 were in excess of or were less than the amount which the Secretary, on the basis of appropriate data, determines should have been so transferred.”

Pub. L. 98–21section 417 of this title1983—Subsec. (b). amended subsec. (b) generally, substituting provisions relating to authorization of appropriations to each of the Trust Funds for transfer on July 1 of each calendar year for provision that had authorized appropriations to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund annually, as benefits under this subchapter and part A of subchapter XVIII of this chapter were paid after December 1967, such sums as the Secretary determined to be necessary to meet (1) the additional costs, resulting from subsec. (a), of such benefits (including lump-sum death payments), (2) the additional administrative expenses resulting therefrom, and (3) any loss in interest to such trust funds resulting from the payment of such amounts, and that such additional costs would be determined after any increases in such benefits arising from the application of had been made.

Pub. L. 95–2161977—Subsec. (a). substituted provisions relating to applicability of benefits for wages deemed to have been paid in each calendar quarter occurring after 1956 and before 1978 and provisions relating to applicability of benefits for wages deemed to have been paid in each calendar quarter occurring after 1977, for provisions relating to applicability of benefits for wages deemed to have been paid in each calendar quarter occurring after 1956.

Pub. L. 92–6031972—Subsec. (a). substituted “December 1972” for “December 1967” and “after 1956” for “after 1967” and struck out provisions limiting the wages deemed to have been paid an individual in addition to the wages actually paid him for his service to $100 if the wages actually paid to him in a quarter were $100 or less or to $200 if the wages actually paid to him in a quarter were more than $100 but not more than $200.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

section 107(a)(4) of 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 1987 Amendment

Pub. L. 100–203section 9001(d) of Pub. L. 100–203section 3121 of Title 26Amendment by applicable with respect to remuneration paid after , see , set out as a note under , Internal Revenue Code.

Effective Date of 1984 Amendment

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 .

Effective Date of 1983 Amendment

Pub. L. 98–21, title I, § 151(b)(2)97 Stat. 104

“The amendment made by paragraph (1) [amending this section] shall be effective with respect to wages deemed to have been paid for calendar years after 1983.”
, , , provided that:

Effective Date of 1977 Amendment

Pub. L. 95–216section 353(g) of Pub. L. 95–216section 418 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1972 Amendment

Pub. L. 92–603, title I, § 120(b)86 Stat. 1352

42 U.S.C. 40142 U.S.C. 42942 U.S.C. 415(b)“The amendments made by subsection (a) [amending this section] shall apply with respect to monthly benefits under title II of the Social Security Act [ et seq.] for months after December 1972 and with respect to lump-sum death payments under such title in the case of deaths occurring after December 1972 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 229 of such Act [] applies, to monthly benefits under title II of such Act for the month in which this Act is enacted [October 1972], such amendments shall apply (1) only if a written request for a recalculation of such benefits (by reason of such amendments) under the provisions of section 215(b) and (d) of such Act [, (d)], as in effect at the time such request is filed, is filed by such individual, or any other individual, entitled to benefits under such title II on the basis of such wages and self-employment income, and (2) only with respect to such benefits for months beginning with whichever of the following is later: January 1973 or the twelfth month before the month in which such request was filed. Recalculations of benefits as required to carry out the provisions of this section shall be made notwithstanding the provisions of section 215(f)(1) of the Social Security Act, and no such recalculation shall be regarded as a recomputation for purposes of section 215(f) of such Act.”
, , , provided that:

Payment of Wages After 2001

Pub. L. 107–117, div. A, title VIII, § 8134115 Stat. 2278

42 U.S.C. 429(a)“Notwithstanding section 229(a) of the Social Security Act [], no wages shall be deemed to have been paid to any individual pursuant to that section in any calendar year after 2001.”
, , , provided that:

Compensatory Payments to Trust Funds

Pub. L. 98–21, title I, § 151(b)(3)97 Stat. 104 Pub. L. 99–514, § 2100 Stat. 2095

“(A)
42 U.S.C. 40142 U.S.C. 429(a)26 U.S.C. 3121(b)26 U.S.C. 3101 Within thirty days after the date of the enactment of this Act [], the Secretary of Health and Human Services shall determine the additional amounts which would have been appropriated to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund under sections 201 and 1817 of the Social Security Act [, 1395i] if the additional wages deemed to have been paid under section 229(a) of the Social Security Act [] prior to 1984 had constituted remuneration for employment (as defined in section 3121(b) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] []) for purposes of the taxes imposed by sections 3101 and 3111 of the Internal Revenue Code of 1986 [, 3111], and the amount of interest which would have been earned on such amounts if they had been so appropriated.
“(B)
(i)
42 U.S.C. 429(b) Within thirty days after the date of the enactment of this Act [], the Secretary of the Treasury shall transfer to each such Trust Fund, from amounts in the general fund of the Treasury not otherwise appropriated, an amount equal to the amount determined with respect to such Trust Fund under subparagraph (A), less any amount appropriated to such Trust Fund pursuant to the provisions of section 229(b) of the Social Security Act [] prior to the date of the determination made under subparagraph (A) with respect to wages deemed to have been paid for calendar years prior to 1984.
“(ii)
The Secretary of Health and Human Services shall revise the amount determined under clause (i) with respect to each such Trust Fund within one year after the date of the transfer made to such Trust Fund under clause (i), as determined appropriate by such Secretary from data which becomes available to him after the date of the transfer under clause (i). Within 30 days after any such revision, the Secretary of the Treasury 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 Health and Human Services certifies as necessary to take into account such revision.”
, , , as amended by , , , provided that: