42 U.S.C. § 402 — Old-age and survivors insurance benefit payments

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This section is the core Social Security benefits law. It lists who can get monthly benefits: retired workers, spouses, children, widows, widowers, and parents. It also sets each benefit's amount and says when payments start, end, or are withheld.

(a) Old-age insurance benefits You qualify for an old-age insurance benefit if all three things are true: you are "fully insured" as section 414(a) defines it; you have turned 62; and you have either filed an application, or you were getting disability insurance benefits for the month right before you reached "retirement age" (as section 416(l) defines it). If you have already reached retirement age, your benefit starts the first month you meet all three conditions. If you are 62 or older but have not reached retirement age yet, your benefit starts the first full month you meet the "fully insured" and age-62 tests, as long as you also file your application sometime during that month. Either way, your benefit ends with the month before you die. Your monthly benefit equals your "primary insurance amount," as section 415(a) defines it — except that subsection (q) can reduce it for early retirement, and subsection (w) can increase it for delayed retirement. (b) Wife's insurance benefits A wife (as section 416(b) defines it) or divorced wife (as section 416(d) defines it) of a man getting old-age or disability benefits can get a wife's benefit if she: has filed an application; has either turned 62, or — if she is a wife rather than a divorced wife — is caring for her husband's child who is getting a child's benefit; is not currently married, if she is a divorced wife; and is not entitled to her own old-age or disability benefit, or her own benefit is worth less than half of her husband's. Her benefit starts on one of two dates. If she has already reached retirement age, it starts the first month she meets all four conditions above. If she is the wife or divorced wife of a man on old-age benefits and has not reached retirement age, or of a man on disability benefits, it starts the first full month she counts as a wife or divorced wife and meets the caregiving/non-marriage/benefit-amount tests, as long as she also files her application sometime in that month — whichever of these two start dates comes first. Her benefit ends the month before any of these happen: she dies; her husband dies; she is a wife (not divorced) and they divorce, and either she has not turned 62, or she has but was not married to him for the 10 years right before the divorce; she is a divorced wife and remarries someone other than her ex-husband; she is a wife under 62 and no child of her husband still gets a child's benefit; her own old-age or disability benefit becomes worth half or more of her husband's; or her husband is entitled to neither disability nor old-age benefits. Her monthly benefit equals half of her husband's (or ex-husband's) primary insurance amount, except as reduced under subsection (q). If a divorced wife remarries a man who is himself getting old-age, disability, widower's, mother's/father's, parent's, or (if he is 18 or older) child's benefits, that remarriage does not end her wife's benefit. A special rule lets a divorced wife get a wife's benefit even though her ex-husband has not filed for his own old-age benefits yet, if he is 62 or older and fully insured, she meets the filing/marital-status/benefit-amount tests above, and she has been divorced from him for at least 2 years. Her benefit is figured as though he had started his old-age benefits on the date she first qualifies. This special benefit ends the month before her ex-husband stops being fully insured, unless it already ended earlier for one of the regular reasons (his death, her death, her remarriage, or her own benefit becoming large enough). (c) Husband's insurance benefits This subsection mirrors subsection (b), but for a husband (as section 416(f) defines it) or divorced husband (as section 416(d) defines it) of a woman getting old-age or disability benefits. The same four eligibility tests apply, gender-reversed: application filed; age 62, or (for a husband, not a divorced husband) caring for a child of hers who gets a child's benefit; not currently married, if divorced; and not entitled to his own benefit worth half or more of hers. The same two possible start dates, the same ending events, and the same half-of-primary-insurance-amount benefit apply. The same remarriage exception applies if a divorced husband remarries someone on benefits under subsection (b), (e), (g), or (h), or an 18-or-older child beneficiary. And the same special rule lets a divorced husband claim a benefit based on a wife who has not filed yet but is 62 or older, fully insured, and divorced from him at least 2 years, with the same termination-when-no-longer-insured rule. (d) Child's insurance benefits A child (as section 416(e) defines it) of someone on old-age or disability benefits, or of someone who died fully or currently insured, can get a child's benefit if: the child filed an application; at that time the child was unmarried and either under 18, or a full-time elementary or secondary student under 19, or disabled (as section 423(d) defines disability) with the disability starting before age 22; and the child was "dependent" on that person — at the time of filing if that person is alive, at the time of death if that person has died, or, if that person had a spell of disability that lasted up through when they became entitled to benefits or died, at the start of that disability spell or the time they became entitled. Benefits start the first month the child meets the dependency and marital/age/disability tests (if the worker has died), or — if the worker is alive and on old-age or disability benefits — the first full month the child counts as a "child" and meets the marital/age/disability and dependency tests, as long as the application is also filed sometime that month, whichever date is earlier. Benefits end the month before whichever comes first: - the child dies or marries; - the child turns 18, but only if not disabled and not a full-time student that month; - for a non-disabled 18-year-old: the earlier of the first month they are not a full-time student at all, or the month they turn 19 (but only if they were not disabled in that earlier month); - for a child who was disabled at 18, or became disabled by 22: the "termination month" for the disability — generally the third month after the disability ends, with special timing if the child had a trial-work period under section 422(c)(4)(A) — subject to section 423(e), or, if later, the earlier of the first month they are not a full-time student or the month they turn 19 (if not disabled then); or - if the child's benefit is based on a stepparent's earnings and the stepparent later divorces the child's natural parent, the month after that divorce becomes final. If the child's benefit is based on a disabled worker's earnings, it also ends the month before the worker's own disability benefits stop, unless the worker then gets old-age benefits or dies that month. And no payment can be made for any month the child does substantial gainful work, if the child would not otherwise count as disabled without the special work-related rule in section 423(d)(1)(B). Benefit amount: half of the worker's primary insurance amount if the worker is alive that month; three-fourths of it if the worker has died on or before that month. Dependency is presumed for a child of a father, adopting father, mother, or adopting mother, unless the parent was not living with or supporting the child at the relevant time and the child is neither the parent's legitimate or adopted child, nor has been adopted by someone else. (A child deemed a "child" of the worker under the special paternity rules in section 416(h)(2)(B) or (h)(3) counts as legitimate for this purpose.) A child is deemed dependent on a stepparent only if the child was getting at least half their support from that stepparent at the relevant time. A child who is 18 or older does not lose benefits by marrying someone who is themselves on old-age, wife's, husband's, mother's/father's, widow's/widower's, parent's, or disability benefits, or another 18-plus child beneficiary. A child whose benefits ended when they turned 18 (or later) can become re-entitled — without any of the disqualifying events listed above having happened — starting the first month they are again a full-time student under 19, or disabled and under 22, or become disabled again within 84 months after their earlier disability-based entitlement ended because the disability stopped (or, if the earlier entitlement ended instead because they went back to substantial gainful work, even after that 84-month window) — but only if they file a new application. This renewed entitlement ends the same way the first entitlement would: at the first month one of the disqualifying events occurs, or by the same student/age/disability termination rules described above. Several definitions apply here. A "full-time elementary or secondary school student" is someone the Commissioner determines is in full-time attendance, judged against the standards of the schools involved — except that being paid by an employer to attend school at the employer's request does not count, and a month spent incarcerated for a felony committed after this rule's effective date does not count as student status either. Once found to be a full-time student for a given month, the child counts as such for the whole month. A short break in attendance (4 calendar months or less) still counts as full-time attendance if the child shows to the Commissioner's satisfaction that they intend to resume; and even without showing that intent in advance, a break still counts if the child actually resumes school right after it. An "elementary or secondary school" is one that provides that level of education under the law of the state or jurisdiction where it sits, and no schooling past grade 12 counts toward student status. A child who turns 19 while still a full-time student, but has not yet finished that level of schooling, is not treated as having turned 19 until the end of that school quarter or semester (or, for a school not run on quarters or semesters, until the course finishes or three months after turning 19, whichever comes first). A child adopted after the worker started getting old-age or disability benefits normally cannot meet the dependency test unless the child is the worker's natural child or stepchild (including one later legally adopted by the worker), or was legally adopted through a U.S. court — and if the child was 18 or older when the adoption proceedings started, the child must also have lived with, and gotten at least half their support from, the worker for the year right before the adoption was finalized. A different dependency test applies to a child who only counts as the worker's "child" under the third method listed in section 416(e), not the first two: that child must have lived with the worker in the U.S. and gotten at least half their support from the worker for the year before the worker became eligible for old-age or disability benefits or died (or, if the worker had a disability spell leading to that entitlement or death, the year before that spell began), and must have started living with the worker before turning 18 — except that a child born during that one-year window can still qualify by meeting the support/living-together test for substantially all of the time since birth. Finally, when a benefit could end because a stepparent divorces the child's parent, each stepparent must notify the Commissioner when the divorce becomes final, and the Commissioner must remind stepparents every year of this termination rule and of that notice duty. (e) Widow's insurance benefits A widow (section 416(c)) or surviving divorced wife (section 416(d)) of a man who died fully insured can get a widow's benefit if she: is not currently married; has turned 60, or is between 50 and 60 and disabled (section 423(d)) with the disability starting before the end of a specific window defined in paragraph (4); has filed an application, and either (i) was getting a wife's benefit on his earnings for the month before he died, and has since reached retirement age, or is not entitled to old-age or disability benefits, or has filed an election certificate choosing to take a reduced widow's benefit early, or (ii) was getting mother's benefits on his earnings for the month before she reached retirement age; and either is not entitled to old-age benefits, or her old-age benefits are each smaller than her late husband's primary insurance amount, specially recalculated under paragraph (2)(B) and (C). If she qualifies through age 60 or older, her benefit starts the first month she meets all the tests. If she qualifies through disability between 50 and 59, it starts either the first month after a 5-month waiting period, defined in paragraph (5), during which she meets the tests, or — if she had previously gotten a disability-based widow's benefit that ended — the first month she is disabled again and meets the tests, as long as that month falls within the window from paragraph (4) and comes after her earlier entitlement ended. Her benefit ends the month before she remarries, dies, becomes entitled to an old-age benefit equal to or bigger than her late husband's specially recalculated primary insurance amount, or — if she started the benefit before 60 based on disability — reaches the disability "termination month" under section 423(e), generally the third month after her disability ends, with special timing for a trial-work period, unless she has already reached retirement age by then. Amount: normally, her late husband's primary insurance amount, subject to the recalculation rules below and to reduction under subsection (q). If he died before turning 62, and the newer benefit formula in section 415(a)(1) applies, his primary insurance amount for this purpose is recalculated using the formula that applies to someone who first becomes eligible for old-age benefits two years after "the specified year." That specified year is the earlier of the year he turned (or would have turned) 60, or the second year before whichever is later of the year she first meets the eligibility tests or the year he died — with cost-of-living increases applied only for years after that. This recalculation only applies where it does not produce a smaller amount than his actual primary insurance amount under the regular rules. If he had been getting (or was eligible for) an increased old-age benefit for delaying retirement, his primary insurance amount for this purpose is bumped up to match that increased benefit if it is higher, counting delayed-retirement credit through the month before he died. And if he had ever gotten a reduced old-age benefit under subsection (q), her widow's benefit — if it would otherwise be more — gets capped at the larger of: what his old-age benefit would be that month if he were alive, or 82½ percent of his unadjusted primary insurance amount. A widow's or surviving divorced wife's marriage does not count against these eligibility rules if it happens after she turns 60 (or after 50, if she was already getting disability-based widow's benefits before the marriage), or, for a disabled widow or surviving divorced wife described above, after she turns 50. The eligibility "period" for the age-50-to-59 disability route runs from the latest of: the month the insured worker died, the last month she got mother's benefits on his earnings, or the month an earlier widow's disability benefit ended because her disability stopped — through the month before she turns 60, or, if sooner, 84 months after that starting point. The "waiting period" is the earliest 5 straight months during which she has been disabled, starting no earlier than the later of 17 months before she applies, or 5 months before the disability-eligibility period described above begins. Months she is eligible for SSI or certain state supplementary payments count toward this waiting period as if she met the disability test. A grandfather clause preserves benefits for people entitled before 1973 whose benefits were not redetermined under a 1972 law provision — those benefits still are not redetermined now, but they do get any later general benefit increase or cost-of-living increase as if they had been redetermined. An election certificate choosing early reduced widow's benefits is effective starting the month it is filed, plus retroactively for up to 12 consecutive months before filing — but never before the month she turns 62. Finally, she is deemed disabled for the age-50-to-59 eligibility test if she is eligible for SSI or the state supplementary payments described above for a month when she otherwise meets every requirement for a widow's benefit except being disabled. (f) Widower's insurance benefits This subsection mirrors subsection (e), gender-reversed, for a widower (section 416(g)) or surviving divorced husband (section 416(d)) of a woman who died fully insured. The same age/disability/application/marital-status tests apply; the same start and end dates apply; the same primary-insurance-amount recalculation rules apply for a wife who died before 62 or who had been getting delayed-retirement credit or a reduced early old-age benefit; the same remarriage-disregard rule applies; the same disability-period and waiting-period definitions apply; the same pre-1973 grandfather clause applies; the same election-certificate timing applies; and the same SSI-based disability deeming applies. (g) Mother's and father's insurance benefits A surviving spouse or surviving divorced parent (section 416(d)) of someone who died fully or currently insured can get a mother's or father's benefit if they: are not married; are not entitled to a widow's or widower's benefit; are not entitled to old-age benefits, or their old-age benefits are each less than three-fourths of the deceased worker's primary insurance amount; have filed an application, or were getting a spouse's benefit on the worker's earnings for the month before the worker died; and, at the time of applying, are caring for the worker's child who is getting a child's benefit — and, for a surviving divorced parent specifically, that child must be their own son, daughter, or legally adopted child, with benefits based on the deceased worker's earnings. The benefit starts the first month all these tests are met and ends the month before whichever comes first: no child of the deceased worker is still entitled to a child's benefit; the surviving spouse or parent becomes entitled to an old-age benefit worth three-fourths or more of the worker's primary insurance amount; they become entitled to a widow's or widower's benefit; they remarry; or they die. For a surviving divorced parent, entitlement also ends once no child of theirs specifically is still getting a child's benefit on the worker's earnings. Amount: three-fourths of the deceased worker's primary insurance amount. Remarrying someone who is themselves getting benefits under this subsection, or under subsection (a), (b), (c), (e), (f), (h), or the disability-benefits section, or an 18-plus child beneficiary, does not end this benefit. (h) Parent's insurance benefits A parent (defined below) of someone who died fully insured can get a parent's benefit if the parent: has turned 62; got at least half their support from the worker at the time of the worker's death (or, if the worker had a disability spell running up to death, at the start of that spell or at death) and filed proof of that support within 2 years of the death (or, with a disability spell, within 2 years of the worker's disability application or of the death, whichever applies); has not remarried since the worker's death; is not entitled to old-age benefits, or their old-age benefits are each less than 82½ percent of the worker's primary insurance amount, if only one parent qualifies, or 75 percent, if more than one parent qualifies; and has filed an application. The benefit starts the first month after August 1950 that the parent meets these tests, and ends the month before the parent dies, marries, or becomes entitled to an old-age benefit at or above that same 82½ percent or 75 percent threshold. Amount: normally 82½ percent of the worker's primary insurance amount. But if more than one parent qualifies for the same month, each ordinarily gets 75 percent instead — unless one parent applied later than the other, in which case the earlier-applying parent gets the full 82½ percent, and the later-applying parent gets 150 percent of the worker's primary insurance amount minus whatever the first parent is actually being paid that month, figured before any family-maximum reduction under section 403(a). "Parent" means a mother or father, a stepparent who married the worker's other parent before the worker turned 16, or someone who adopted the worker before the worker turned 16. A parent's benefit does not end because the parent remarries someone who is themselves entitled to benefits under this subsection or subsection (b), (c), (e), (f), (g), or, if 18 or older, subsection (d). (i) Lump-sum death payments When someone who died fully or currently insured dies after August 1950, a one-time payment goes out equal to three times their primary insurance amount, figured without the 1981 repeal of minimum-benefit provisions, or $255, whichever is smaller. It goes first to whoever the Commissioner finds was the deceased's widow or widower and was living in the same household at death. If there is no such person, or that person dies before being paid, it goes instead to a widow or widower who qualifies — or would qualify, with a timely application — for widow's, widower's, or mother's/father's benefits for the month of death. If no one qualifies there either, it is split equally among everyone who qualifies, or would qualify with a timely application, for a child's benefit for the month of death. No payment is made unless an application is filed within 2 years of the death — unless the person was already getting a wife's or husband's benefit on the worker's earnings for the month before the worker died. Special extended deadlines apply to certain U.S. service members who died overseas between January 1954 and 1957 and were later brought home for burial, and to certain uniformed-service members who died overseas after 1956 and were later returned for burial — in both cases, the 2-year deadline runs from the burial or reburial date instead of the date of death. (j) Application for monthly insurance benefits If you would have qualified for a benefit under subsections (a) through (h) for some past month had you applied in time, you can still get it if you apply within 12 months after that month — for a disabled widow's, widower's, or surviving-divorced-wife's benefit claim, or a child's, wife's, or husband's benefit based on a disabled worker's earnings — or within 6 months after that month in every other case. Any such back-payment is trimmed as needed so it does not undo a payment the Commissioner already certified for that earlier month based on someone else's application. An application filed before you actually qualify still counts as valid, and is treated as filed in the first month you do qualify, as long as you meet all the requirements before the Commissioner makes a final decision — or, if you asked for a hearing, before the hearing decision, regardless of whether that decision becomes the Commissioner's final word. You can choose to waive your entitlement to any of these back-benefits for one or more consecutive months right before you actually apply, and if you do, you are treated as not having been entitled to them for those months. You are automatically deemed to have waived any month where your back-benefit would be reduced to zero anyway. Special limits apply to old-age, wife's, husband's, widow's, and widower's benefits: normally, you cannot get any of these for a month before you apply if the benefit for that month would be reduced for early retirement under subsection (q). Two exceptions: a disabled widow, widower, or surviving divorced wife who qualifies for retroactive benefits before turning 60 is not subject to this bar for that month or any later one; and a widow's or widower's benefit for the month right before you apply is not barred either, if your spouse died that same preceding month. ("Retroactive benefits" here just means benefits owed for a month before you filed.) If the Commissioner finds you failed to apply because Social Security staff gave you wrong information about your eligibility, you are treated as having applied on whichever is later: the date you got the bad information, or the date you actually became eligible. (k) Simultaneous entitlement to benefits If a child is entitled to benefits on one worker's earnings, and would also qualify, by applying, on a second worker's earnings, the child is deemed entitled on the second worker's earnings too — but only if some other child, who would qualify on both workers' earnings, has actually applied for benefits on the second worker's record. When a child ends up entitled to benefits on more than one worker's earnings for the same month, though, the child can only actually collect one benefit for that month — normally the one based on whichever worker has the higher primary insurance amount, unless a different available benefit under subsection (d) or (m) — ignoring the family maximum in section 403(a) — would pay more without leaving anyone else worse off after the family maximum applies, in which case the child gets that larger amount instead. If several children in a family end up in this situation, they must all end up entitled on the same worker's record as each other. More generally, anyone — other than certain widows or widowers covered by the special rule below — who is entitled to more than one monthly benefit under this section and section 423, other than an old-age or disability benefit, for the same month only gets the single largest one. And anyone entitled to more than one widow's or widower's benefit that falls under the special same-marriage rules in subsection (e)(3) or (f)(3) also only gets the largest. If someone is entitled to an old-age or disability benefit and some other monthly benefit for the same month, that other benefit — after its own reductions under subsection (q), (e)(2) or (f)(2), and the family-maximum rule in section 403(a) — is cut, down to zero if necessary, by the amount of the old-age or disability benefit, after its own subsection (q) reduction. And if someone is entitled to a widow's or widower's benefit under the special (e)(3) or (f)(3) rules plus some other benefit under this section besides an old-age benefit, that other benefit is similarly cut by the amount of the widow's or widower's benefit. Finally, if someone qualifies for both an old-age benefit and a disability benefit for the same month, they only get the larger one — unless they choose to take the smaller one instead. (l) Entitlement to survivor benefits under railroad retirement provisions If a person would qualify, by applying, for an annuity or lump-sum payment under the Railroad Retirement Act based on a worker's death, then no lump-sum death payment and no monthly benefit — for the month of death or any later month — can be paid under this section based on that worker's earnings. (m) Repealed by Public Law 97-35, title XXII, section 2201(b)(10), enacted August 13, 1981. (n) Termination of benefits upon removal of primary beneficiary If, after September 1, 1954, someone is removed, or deported, from the U.S. under most immigration-law removal grounds (with one specific ground excluded), then: no monthly benefit is paid to that person on their own earnings for any month after the Commissioner is told about the removal and before the person is later lawfully readmitted for permanent residence; if that blocks payment to the removed person, no benefit is paid to anyone else based on that person's earnings for the same month, if that other person is a non-citizen who is outside the U.S. for any part of the month; and no lump-sum death payment is made on the removed person's earnings if they die after the removal notice and before being lawfully readmitted. Certain deduction rules in section 403(b) through (d) do not apply to a person barred from benefits this way. Special notice and reporting duties apply for removals based on participation in Nazi persecution, denaturalization for the same reason, or a related loss of citizenship by settlement agreement: the Attorney General or the Secretary of Homeland Security must tell the Commissioner within 7 days, and both agencies must certify to two congressional committees that notice was given and benefits terminated. For these Nazi-persecution cases, the person is treated as "removed" as of the date the removal order became final, the denaturalization order was entered, or the citizenship renunciation occurred, as applicable. Anyone in this category also loses eligibility for benefits based on anyone else's earnings, and loses supplemental security income eligibility, for any month after their benefits are terminated this way. (o) Application for benefits by survivors of members and former members of uniformed services For child's, widow's, mother's/father's, or parent's benefits, filing the Department of Veterans Affairs' own application form, described in 38 U.S.C. § 5105, with the VA Administrator counts as filing the application these subsections otherwise require. (p) Extension of period for filing proof of support and applications for lump-sum death payment If someone misses the deadline for filing proof of support for a parent's benefit, or misses the deadline for filing a lump-sum death payment application for a death after 1946, a late filing still counts as timely if the Commissioner is satisfied, under Commissioner regulations, that there was good cause for the delay. (q) Reduction of benefit amounts for certain beneficiaries This is the early-retirement reduction formula. If your old-age, wife's, husband's, widow's, or widower's benefit starts before you reach retirement age, it gets permanently reduced. Work out the reduction like this: take a set percentage per month — 5/9 of 1 percent for old-age benefits, 25/36 of 1 percent for wife's or husband's benefits, or 19/40 of 1 percent for widow's or widower's benefits. Multiply that percentage by the number of months in your "reduction period," or, if it is smaller, your "adjusted reduction period," for the month you turn 62 or reach retirement age. If you are later entitled to a disability benefit right after an old-age benefit, your disability benefit gets the same reduction your old-age benefit would have gotten had you reached retirement age when you first became re-entitled to disability benefits. Special combined rules apply if, in the same month you first qualify for a wife's, husband's, widow's, or widower's benefit (at 62, or 50 for widow(er)s), you are also entitled to an early old-age benefit or a disability benefit. Instead of the ordinary reduction, your spousal or survivor benefit is cut by two amounts added together: first, however much your old-age or disability benefit is itself reduced; second, however much the excess of your spousal or survivor benefit over that old-age or disability benefit would be reduced under the ordinary formula. If you are entitled to neither an old-age nor a disability benefit that month, the ordinary reduction applies to your whole spousal or survivor benefit instead. One exception: if your first month of widow's or widower's eligibility is also your first month of old-age eligibility, or a later one, the ordinary single-formula reduction applies rather than this combined rule. If your reduced benefit later goes up because the worker's primary insurance amount increases, the reduction amount is recalculated as if the higher primary insurance amount had applied all along. No wife's or husband's benefit is reduced for any month before an effective election certificate is filed choosing early reduced benefits, or for any month the spouse has in their care a qualifying child of the worker. Such a certificate is effective the month it is filed and, retroactively, for up to 12 months before filing — but never before age 62, and never for a month already covered by the child-in-care exception. If someone does not have a qualifying child in their care in their very first eligible month, and that month is before retirement age, they are automatically treated as having filed the certificate that first month. And a widow's or widower's benefit for a month with a qualifying child in care is never reduced below what a mother's or father's benefit would have paid for that same month. The "reduction period" runs: for old-age benefits, from the first month of entitlement; for wife's or husband's benefits, from the first month the election certificate is effective; or for widow's or widower's benefits, from the later of the first month of entitlement or the month the person turns 60 — through the month before reaching retirement age. The "adjusted reduction period" is the same period, but with certain months excluded: months the benefit was subject to certain earnings-related or other deductions; for wife's or husband's benefits, months with a qualifying child in care; months the spouse was not entitled because of a terminating event; for widow's or widower's benefits, months where the child-in-care floor in paragraph (5)(D) applied, or, before age 62, months not entitled because of a terminating event; and for old-age benefits, months the person was on disability benefits instead. This reduction is applied after the family-maximum reduction in section 403(a) and before the cost-of-living increase in section 415(g). Any reduction amount that is not a clean multiple of 10 cents gets rounded up to the next 10 cents. The size of the monthly reduction percentage is tiered. For old-age, wife's, and husband's benefits, it is the stated percentage — 5/9 or 25/36 of 1 percent — for the first 36 months of early retirement, and a smaller 5/12 of 1 percent for any months beyond that. For widow's and widower's benefits, the Commissioner periodically resets the schedule so that the total reduction at "early retirement age," as section 416(l) defines it, equals 28.5 percent of the full benefit, spread out in equal monthly steps between 0 percent at retirement age and 28.5 percent at early retirement age. When a reduced benefit is recomputed after 1977 because of a primary-insurance-amount increase, the increase in the reduced benefit follows detailed proportional rules: the old reduction amount is scaled up by the same percentage the worker's primary insurance amount increased, and, where an adjusted reduction period was used, it is further scaled by the ratio of the adjusted period's length to the full reduction period's length — with parallel, more detailed ratio rules for widow's and widower's benefits claimed at age 62 versus at retirement age. And when someone is drawing more than one reduced benefit at once, this recomputation is applied separately to each one, before the one-benefit-per-month offset rules of subsection (k) come into play. (r) Presumed filing of application by individuals eligible for old-age insurance benefits and for wife's or husband's insurance benefits If you qualify for a spousal benefit — other than through the child-in-care route — in a month you are also entitled to an old-age benefit, you are automatically treated as having applied for the spousal benefit that month. Conversely, if you qualify for an old-age benefit, setting aside the one-benefit-per-month rule in (k)(4), in a month you are entitled to a spousal benefit other than through the child-in-care route, you are automatically treated as having applied for the old-age benefit — either that same month, or, if you are also on disability benefits that month, the first later month you are off disability. "Eligible" here means you would be entitled if you filed an application that month. (s) Child over specified age to be disregarded for certain benefit purposes unless disabled For certain other rules in this section — the spousal, mother's/father's, and reduction-formula provisions listed here, and some family-maximum rules in section 403(c) — a child who is over 16 and not currently disabled does not count as an entitled child, unless the child was disabled three months earlier. Similarly, certain remarriage-protection rules elsewhere in this section and in section 416 protect a child's marriage only if the child was disabled, or had been disabled three months earlier, at the time of the marriage. (t) Suspension of benefits of aliens who are outside United States; residency requirements for dependents and survivors If you are not a U.S. citizen or national, your monthly benefit is suspended for any month that falls after 6 straight months of being outside the U.S., as the Commissioner determines, and before you have been back in the U.S. for a full month. Once you have been outside for 30 straight days, you are treated as still outside until you have been back for 30 straight days. This suspension does not apply if you are a citizen of a country that has its own general old-age, retirement, or death pension system that pays U.S. citizens the same way it pays its own citizens, regardless of how long they are away — or if applying the suspension would break a treaty the U.S. had in force as of August 1, 1956. It also does not apply if the worker whose earnings the benefit is based on has 40 or more quarters of coverage, or lived in the U.S. for 10 or more years total, or is outside the U.S. on active military duty, or died on active or inactive duty, or from a service-connected injury with an honorable-type discharge as certified by the VA, or worked in railroad service that counted as Social Security-covered employment. A further exception protects people from countries that partly, but not fully, meet the pension-reciprocity test, or that had no such system but where the Treasury had actually been withholding payments as of 1967. Nobody entitled to a December 1956 benefit loses it, or any related benefit, because of this rule. If someone dies outside the U.S. and their benefit for the month before death was already blocked under this rule, no lump-sum death payment is paid either. Certain deduction rules under section 403(b) through (d) do not apply to a month barred under this subsection. The Attorney General must give the Commissioner information on aliens leaving for non-contiguous foreign countries, and must otherwise help the Commissioner administer this subsection. Medicare Part A payments are also blocked for any month this benefit suspension would apply, or would apply if the person had a benefit. A separate suspension applies to benefits paid to non-citizens for months after June 1968 while residing in a country where the Treasury Department is withholding payments generally. There is also a separate 5-year residency requirement for dependent and survivor benefits, needed to qualify for the reciprocity and coverage exceptions above: a spouse, divorced spouse, widow(er), or surviving divorced parent must have lived in the U.S. — while married to, or otherwise related as described to, the worker — for a total of 5 years. A child must have lived in the U.S. as the worker's child for 5 years total, or both the worker and the child's other parent must each have lived in the U.S. for 5 years total, or died while living there — and an adopted child must have been adopted in the U.S., lived with the adopting worker, and gotten at least half their support from the worker for a specific one-year window tied to the worker's eligibility, disability, or death. A parent claiming a parent's benefit must have lived in the U.S., while being the worker's parent, for 5 years total. None of this 5-year rule applies to someone covered by a totalization agreement under section 433, except as that agreement provides. (u) Conviction of subversive activities, etc. If you are convicted, for an offense committed after August 1, 1956, of espionage, censorship, sabotage, treason, sedition, or related subversive-activity crimes under specified chapters of Title 18, or under 50 U.S.C. § 783, the sentencing court may impose an added penalty: your wages and self-employment earnings from the year of conviction, and all earlier years, are disregarded when figuring your Social Security or disability benefits, and your eligibility for Medicare Part A, from the month of conviction onward. The Attorney General must promptly tell the Commissioner when this penalty is imposed. If the President later pardons the offense, the penalty stops applying starting the month after the pardon. (v) Waiver of benefits If you file a religious-exemption waiver under Internal Revenue Code section 1402(g), for self-employment tax, or section 3127, for certain employees, and you get the tax exemption, you give up all Social Security benefits and Medicare Part A coverage for yourself, and no one else can get benefits based on your earnings either, from the time you file the waiver. If that tax exemption later lapses, the waiver stops applying, but only going forward: to wages starting the calendar year after the exemption lapses, and to self-employment income starting the tax year the lapse happens. (w) Increase in old-age insurance benefit amounts on account of delayed retirement If you delay claiming old-age benefits past retirement age, your benefit — unless it is based on certain older minimum-benefit formulas — goes up. Work out the increase in two steps: find your "applicable percentage," set by paragraph (6) based on the year you first became eligible for old-age benefits, then multiply it by your number of "increment months." Increment months are counted from the month after you reached retirement age, or December 1970 if that is later, through the month before you turn 70. But only months count where you were fully insured, were not actually receiving old-age benefits — either because you were not entitled, or because you had asked to suspend them under subsection (z) — and were not under a benefit penalty under section 1320a-8a. This count is refreshed every year starting in 1972 and applied to your benefit starting the following January, except that if you turn 70 after 1972, the final count, through the month before you turn 70, applies starting the month you turn 70. This increase is applied after the family-maximum reduction under section 403(a). If your primary insurance amount is figured under an older 1978, or later, minimum-benefit formula, and you would get more under this delayed-retirement increase using the regular formula instead, your benefit gets bumped up by the difference. The "applicable percentage" itself depends on when you first became eligible for old-age benefits: 1/12 of 1 percent per month if that was before 1979; 1/4 of 1 percent per month for 1979 through 1986; a gradually rising percentage for 1987 through 2004, going up by 1/24 of 1 percent every other year; and 2/3 of 1 percent per month for 2005 and later. (x) Limitation on payments to prisoners, certain other inmates of publicly funded institutions, fugitives, probationers, and parolees No monthly benefit is paid for any month, or any stretch of more than 30 days straddling a month, during all of which you: are confined in jail, prison, or another penal or correctional facility after a criminal conviction; are confined by court order at public expense after being found guilty but insane, found not guilty by reason of insanity, found incompetent to stand trial, or a similar finding; are confined right after a sex-offense-related prison term, by court order at public expense, as a sexually dangerous person, sexual predator, or similar finding; are fleeing to avoid prosecution or custody for a felony, or, where felonies are not labeled that way, a crime punishable by death or more than a year in prison; or are violating a condition of federal or state probation or parole. You do not count as "confined" in a jail, prison, or correctional facility for a month you are living outside it at no cost to the institution, beyond monitoring costs. For the court-ordered institutional confinement categories, you are treated as still confined until you are released from the institution's care and supervision and the institution stops meeting your basic living needs. For the fleeing-felon and probation/parole-violation categories, the Commissioner must pay back the benefits that were withheld if a court found you not guilty, dismissed the charges, vacated the arrest warrant, issued a similar exonerating order, or if you were wrongly implicated through identity fraud. The Commissioner may also, for good cause based on mitigating circumstances, pay back benefits withheld for those two categories if the underlying offense or probation/parole violation was nonviolent and not drug-related. Family members who would otherwise get benefits on a confined person's earnings still get them, as if the confined person were actually receiving their own benefit. To administer this, other government agencies must give the Commissioner a confined person's name and Social Security number on request. The Commissioner must also make agreements with jails, prisons, and similar institutions: the institution reports detailed identifying information on confined people monthly, and in exchange the Commissioner pays the institution $400, or $200 if reported 30 to 90 days after confinement begins rather than within 30 days, for each formerly-benefiting confined person reported — cut in half if a matching payment is also owed under the parallel SSI provision. Money for these payments comes from the Social Security trust funds. The Commissioner must also share this confinement information, on a reimbursable basis, with other benefit-program agencies, for research, and with the Treasury for debt collection and improper-payment prevention — including letting Treasury cross-match it against other federal records and share the results with agencies and prison officials. None of this counts as a formal data-matching program under the Privacy Act. Separately, the Commissioner must give law-enforcement officers a beneficiary's current address, Social Security number, and photo, on written request, if the officer identifies the person as a fleeing felon or probation/parole violator and says finding them is within the officer's official duties. (y) Limitation on payments to aliens No monthly benefit is paid to any alien in the U.S. for a month the Attorney General determines they are not lawfully present. (z) Voluntary suspension Once you have reached retirement age and are on old-age benefits, you may ask to have your own payments suspended. The suspension starts the month after your request and ends the month after you ask to resume, or, if sooner, the month after you turn 70. You cannot request this suspension — and any suspension already in effect ends — for any month you become subject to the mandatory prisoner/fugitive suspension under subsection (x), benefit termination under subsection (n), a penalty under section 1320a-8a, or any other legally authorized withholding to recover a debt. While your voluntary suspension is in effect, for each such month: you get no retroactive back-benefits for that month, as defined in (j)(4)(B)(iii); no one else can get a benefit based on your earnings for that month; and you cannot get a benefit based on someone else's earnings for that month either.

the actual law source: uscode.house.gov ↗public domain

(a) Old-age insurance benefits

Every individual who—

(1)

is a fully insured individual (as defined in section 414(a) of this title),

(2)

has attained age 62, and

(3)

has filed application for old-age insurance benefits or was entitled to disability insurance benefits for the month preceding the month in which he attained retirement age (as defined in section 416(l) of this title),

shall be entitled to an old-age insurance benefit for each month, beginning with—

(A)

in the case of an individual who has attained retirement age (as defined in section 416(l) of this title), the first month in which such individual meets the criteria specified in paragraphs (1), (2), and (3), or

(B)

in the case of an individual who has attained age 62, but has not attained retirement age (as defined in section 416(l) of this title), the first month throughout which such individual meets the criteria specified in paragraphs (1) and (2) (if in that month he meets the criterion specified in paragraph (3)),

and ending with the month preceding the month in which he dies. Except as provided in subsection (q) and subsection (w), such individual’s old-age insurance benefit for any month shall be equal to his primary insurance amount (as defined in section 415(a) of this title) for such month.

(b) Wife’s insurance benefits

(1)

The wife (as defined in section 416(b) of this title) and every divorced wife (as defined in section 416(d) of this title) of an individual entitled to old-age or disability insurance benefits, if such wife or such divorced wife—

(A)

has filed application for wife’s insurance benefits,

(B)

(i)

has attained age 62, or

(ii)

in the case of a wife, has in her care (individually or jointly with such individual) at the time of filing such application a child entitled to a child’s insurance benefit on the basis of the wages and self-employment income of such individual,

(C)

in the case of a divorced wife, is not married, and

(D)

is not entitled to old-age or disability insurance benefits, or is entitled to old-age or disability insurance benefits based on a primary insurance amount which is less than one-half of the primary insurance amount of such individual,

shall (subject to subsection (s)) be entitled to a wife’s insurance benefit for each month, beginning with—

(i)

in the case of a wife or divorced wife (as so defined) of an individual entitled to old-age benefits, if such wife or divorced wife has attained retirement age (as defined in section 416(l) of this title), the first month in which she meets the criteria specified in subparagraphs (A), (B), (C), and (D), or

(ii)

in the case of a wife or divorced wife (as so defined) of—

(I)

an individual entitled to old-age insurance benefits, if such wife or divorced wife has not attained retirement age (as defined in section 416(l) of this title), or

(II)

an individual entitled to disability insurance benefits,

the first month throughout which she is such a wife or divorced wife and meets the criteria specified in subparagraphs (B), (C), and (D) (if in such month she meets the criterion specified in subparagraph (A)),

whichever is earlier, and ending with the month preceding the month in which any of the following occurs—

(E)

she dies,

(F)

such individual dies,

(G)

in the case of a wife, they are divorced and either (i) she has not attained age 62, or (ii) she has attained age 62 but has not been married to such individual for a period of 10 years immediately before the date the divorce became effective,

(H)

in the case of a divorced wife, she marries a person other than such individual,

(I)

in the case of a wife who has not attained age 62, no child of such individual is entitled to a child’s insurance benefit,

(J)

she becomes entitled to an old-age or disability insurance benefit based on a primary insurance amount which is equal to or exceeds one-half of the primary insurance amount of such individual, or

(K)

such individual is not entitled to disability insurance benefits and is not entitled to old-age insurance benefits.

(2)

Except as provided in subsection (q), such wife’s insurance benefit for each month shall be equal to one-half of the primary insurance amount of her husband (or, in the case of a divorced wife, her former husband) for such month.

(3)

In the case of any divorced wife who marries—

(A)

an individual entitled to benefits under subsection (c), (f), (g), or (h) of this section, or

(B)

an individual who has attained the age of 18 and is entitled to benefits under subsection (d),

such divorced wife’s entitlement to benefits under this subsection shall, notwithstanding the provisions of paragraph (1) (but subject to subsection (s)), not be terminated by reason of such marriage.

(4)

(A)

Notwithstanding the preceding provisions of this subsection, except as provided in subparagraph (B), the divorced wife of an individual who is not entitled to old-age or disability insurance benefits, but who has attained age 62 and is a fully insured individual (as defined in section 414 of this title), if such divorced wife—

(i)

meets the requirements of subparagraphs (A) through (D) of paragraph (1), and

(ii)

has been divorced from such insured individual for not less than 2 years,

shall be entitled to a wife’s insurance benefit under this subsection for each month, in such amount, and beginning and ending with such months, as determined (under regulations of the Commissioner of Social Security) in the manner otherwise provided for wife’s insurance benefits under this subsection, as if such insured individual had become entitled to old-age insurance benefits on the date on which the divorced wife first meets the criteria for entitlement set forth in clauses (i) and (ii).

(B)

A wife’s insurance benefit provided under this paragraph which has not otherwise terminated in accordance with subparagraph (E), (F), (H), or (J) of paragraph (1) shall terminate with the month preceding the first month in which the insured individual is no longer a fully insured individual.

(1)

The husband (as defined in section 416(f) of this title) and every divorced husband (as defined in section 416(d) of this title) of an individual entitled to old-age or disability insurance benefits, if such husband or such divorced husband—

(A)

has filed application for husband’s insurance benefits,

(B)

(i)

has attained age 62, or

(ii)

in the case of a husband, has in his care (individually or jointly with such individual) at the time of filing such application a child entitled to a child’s insurance benefit on the basis of the wages and self-employment income of such individual,

(C)

in the case of a divorced husband, is not married, and

(D)

shall (subject to subsection (s)) be entitled to a husband’s insurance benefit for each month, beginning with—

(i)

in the case of a husband or divorced husband (as so defined) of an individual who is entitled to an old-age insurance benefit, if such husband or divorced husband has attained retirement age (as defined in section 416(l) of this title), the first month in which he meets the criteria specified in subparagraphs (A), (B), (C), and (D), or

(ii)

in the case of a husband or divorced husband (as so defined) of—

(I)

an individual entitled to old-age insurance benefits, if such husband or divorced husband has not attained retirement age (as defined in section 416(l) of this title), or

(II)

an individual entitled to disability insurance benefits,

the first month throughout which he is such a husband or divorced husband and meets the criteria specified in subparagraphs (B), (C), and (D) (if in such month he meets the criterion specified in subparagraph (A)),

whichever is earlier, and ending with the month preceding the month in which any of the following occurs:

(E)

he dies,

(F)

such individual dies,

(G)

in the case of a husband, they are divorced and either (i) he has not attained age 62, or (ii) he has attained age 62 but has not been married to such individual for a period of 10 years immediately before the divorce became effective,

(H)

in the case of a divorced husband, he marries a person other than such individual,

(I)

in the case of a husband who has not attained age 62, no child of such individual is entitled to a child’s insurance benefit,

(J)

he becomes entitled to an old-age or disability insurance benefit based on a primary insurance amount which is equal to or exceeds one-half of the primary insurance amount of such individual, or

(K)

such individual is not entitled to disability insurance benefits and is not entitled to old-age insurance benefits.

(2)

Except as provided in subsection (q), such husband’s insurance benefit for each month shall be equal to one-half of the primary insurance amount of his wife (or, in the case of a divorced husband, his former wife) for such month.

(3)

In the case of any divorced husband who marries—

(A)

an individual entitled to benefits under subsection (b), (e), (g), or (h) of this section, or

(B)

an individual who has attained the age of 18 and is entitled to benefits under subsection (d), by reason of paragraph (1)(B)(ii) thereof,

such divorced husband’s entitlement to benefits under this subsection, notwithstanding the provisions of paragraph (1) (but subject to subsection (s)), shall not be terminated by reason of such marriage.

(4)

(A)

Notwithstanding the preceding provisions of this subsection, except as provided in subparagraph (B), the divorced husband of an individual who is not entitled to old-age or disability insurance benefits, but who has attained age 62 and is a fully insured individual (as defined in section 414 of this title), if such divorced husband—

(i)

meets the requirements of subparagraphs (A) through (D) of paragraph (1), and

(ii)

has been divorced from such insured individual for not less than 2 years,

shall be entitled to a husband’s insurance benefit under this subsection for each month, in such amount, and beginning and ending with such months, as determined (under regulations of the Commissioner of Social Security) in the manner otherwise provided for husband’s insurance benefits under this subsection, as if such insured individual had become entitled to old-age insurance benefits on the date on which the divorced husband first meets the criteria for entitlement set forth in clauses (i) and (ii).

(B)

A husband’s insurance benefit provided under this paragraph which has not otherwise terminated in accordance with subparagraph (E), (F), (H), or (J) of paragraph (1) shall terminate with the month preceding the first month in which the insured individual is no longer a fully insured individual.

(d) Child’s insurance benefits

(1)

Every child (as defined in section 416(e) of this title) of an individual entitled to old-age or disability insurance benefits, or of an individual who dies a fully or currently insured individual, if such child—

(A)

has filed application for child’s insurance benefits,

(B)

at the time such application was filed was unmarried and (i) either had not attained the age of 18 or was a full-time elementary or secondary school student and had not attained the age of 19, or (ii) is under a disability (as defined in section 423(d) of this title) which began before he attained the age of 22, and

(C)

was dependent upon such individual—

(i)

if such individual is living, at the time such application was filed,

(ii)

if such individual has died, at the time of such death, or

(iii)

if such individual had a period of disability which continued until he became entitled to old-age or disability insurance benefits, or (if he has died) until the month of his death, at the beginning of such period of disability or at the time he became entitled to such benefits,

shall be entitled to a child’s insurance benefit for each month, beginning with—

(i)

in the case of a child (as so defined) of such an individual who has died, the first month in which such child meets the criteria specified in subparagraphs (A), (B), and (C), or

(ii)

in the case of a child (as so defined) of an individual entitled to an old-age insurance benefit or to a disability insurance benefit, the first month throughout which such child is a child (as so defined) and meets the criteria specified in subparagraphs (B) and (C) (if in such month he meets the criterion specified in subparagraph (A)),

whichever is earlier, and ending with the month preceding whichever of the following first occurs—

(D)

the month in which such child dies, or marries,

(E)

the month in which such child attains the age of 18, but only if he (i) is not under a disability (as so defined) at the time he attains such age, and (ii) is not a full-time elementary or secondary school student during any part of such month,

(F)

if such child was not under a disability (as so defined) at the time he attained the age of 18, the earlier of—

(i)

the first month during no part of which he is a full-time elementary or secondary school student, or

(ii)

the month in which he attains the age of 19,

but only if he was not under a disability (as so defined) in such earlier month;

(G)

if such child was under a disability (as so defined) at the time he attained the age of 18 or if he was not under a disability (as so defined) at such time but was under a disability (as so defined) at or prior to the time he attained (or would attain) the age of 22—

(i)

the termination month, subject to section 423(e) of this title (and for purposes of this subparagraph, the termination month for any individual shall be the third month following the month in which his disability ceases; except that, in the case of an individual who has a period of trial work which ends as determined by application of section 422(c)(4)(A) of this title, the termination month shall be the earlier of (I) the third month following the earliest month after the end of such period of trial work with respect to which such individual is determined to no longer be suffering from a disabling physical or mental impairment, or (II) the third month following the earliest month in which such individual engages or is determined able to engage in substantial gainful activity, but in no event earlier than the first month occurring after the 36 months following such period of trial work in which he engages or is determined able to engage in substantial gainful activity),

or (if later) the earlier of—

(ii)

the first month during no part of which he is a full-time elementary or secondary school student, or

(iii)

the month in which he attains the age of 19,

but only if he was not under a disability (as so defined) in such earlier month; or

(H)

if the benefits under this subsection are based on the wages and self-employment income of a stepparent who is subsequently divorced from such child’s natural parent, the month after the month in which such divorce becomes final.

Entitlement of any child to benefits under this subsection on the basis of the wages and self-employment income of an individual entitled to disability insurance benefits shall also end with the month before the first month for which such individual is not entitled to such benefits unless such individual is, for such later month, entitled to old-age insurance benefits or unless he dies in such month. No payment under this paragraph may be made to a child who would not meet the definition of disability in section 423(d) of this title except for paragraph (1)(B) thereof for any month in which he engages in substantial gainful activity.

(2)

Such child’s insurance benefit for each month shall, if the individual on the basis of whose wages and self-employment income the child is entitled to such benefit has not died prior to the end of such month, be equal to one-half of the primary insurance amount of such individual for such month. Such child’s insurance benefit for each month shall, if such individual has died in or prior to such month, be equal to three-fourths of the primary insurance amount of such individual.

(3)

A child shall be deemed dependent upon his father or adopting father or his mother or adopting mother at the time specified in paragraph (1)(C) of this subsection unless, at such time, such individual was not living with or contributing to the support of such child and—

(A)

such child is neither the legitimate nor adopted child of such individual, or

(B)

such child has been adopted by some other individual.

For purposes of this paragraph, a child deemed to be a child of a fully or currently insured individual pursuant to section 416(h)(2)(B) or section 416(h)(3) of this title shall be deemed to be the legitimate child of such individual.

(4)

A child shall be deemed dependent upon his stepfather or stepmother at the time specified in paragraph (1)(C) of this subsection if, at such time, the child was receiving at least one-half of his support from such stepfather or stepmother.

(5)

In the case of a child who has attained the age of eighteen and who marries—

(A)

an individual entitled to benefits under subsection (a), (b), (c), (e), (f), (g), or (h) of this section or under section 423(a) of this title, or

(B)

another individual who has attained the age of eighteen and is entitled to benefits under this subsection,

such child’s entitlement to benefits under this subsection shall, notwithstanding the provisions of paragraph (1) but subject to subsection (s), not be terminated by reason of such marriage.

(6)

A child whose entitlement to child’s insurance benefits on the basis of the wages and self-employment income of an insured individual terminated with the month preceding the month in which such child attained the age of 18, or with a subsequent month, may again become entitled to such benefits (provided no event specified in paragraph (1)(D) has occurred) beginning with the first month thereafter in which he—

(A)

(i)

is a full-time elementary or secondary school student and has not attained the age of 19, or (ii) is under a disability (as defined in section 423(d) of this title) and has not attained the age of 22, or

(B)

is under a disability (as so defined) which began (i) before the close of the 84th month following the month in which his most recent entitlement to child’s insurance benefits terminated because he ceased to be under such disability, or (ii) after the close of the 84th month following the month in which his most recent entitlement to child’s insurance benefits terminated because he ceased to be under such disability due to performance of substantial gainful activity,

but only if he has filed application for such reentitlement. Such reentitlement shall end with the month preceding whichever of the following first occurs:

(C)

the first month in which an event specified in paragraph (1)(D) occurs;

(D)

the earlier of (i) the first month during no part of which he is a full-time elementary or secondary school student or (ii) the month in which he attains the age of 19, but only if he is not under a disability (as so defined) in such earlier month; or

(E)

if he was under a disability (as so defined), the termination month (as defined in paragraph (1)(G)(i)), subject to section 423(e) of this title, or (if later) the earlier of—

(i)

the first month during no part of which he is a full-time elementary or secondary school student, or

(ii)

the month in which he attains the age of 19.

(7)

For the purposes of this subsection—

(A)

A “full-time elementary or secondary school student” is an individual who is in full-time attendance as a student at an elementary or secondary school, as determined by the Commissioner of Social Security (in accordance with regulations prescribed by the Commissioner) in the light of the standards and practices of the schools involved, except that no individual shall be considered a “full-time elementary or secondary school student” if he is paid by his employer while attending an elementary or secondary school at the request, or pursuant to a requirement, of his employer. An individual shall not be considered a “full-time elementary or secondary school student” for the purpose of this section while that individual is confined in a jail, prison, or other penal institution or correctional facility, pursuant to his conviction of an offense (committed after the effective date of this sentence 1 ) which constituted a felony under applicable law. An individual who is determined to be a full-time elementary or secondary school student shall be deemed to be such a student throughout the month with respect to which such determination is made.

(B)

Except to the extent provided in such regulations, an individual shall be deemed to be a full-time elementary or secondary school student during any period of nonattendance at an elementary or secondary school at which he has been in full-time attendance if (i) such period is 4 calendar months or less, and (ii) he shows to the satisfaction of the Commissioner of Social Security that he intends to continue to be in full-time attendance at an elementary or secondary school immediately following such period. An individual who does not meet the requirement of clause (ii) with respect to such period of nonattendance shall be deemed to have met such requirement (as of the beginning of such period) if he is in full-time attendance at an elementary or secondary school immediately following such period.

(C)

(i)

An “elementary or secondary school” is a school which provides elementary or secondary education, respectively, as determined under the law of the State or other jurisdiction in which it is located.

(ii)

For the purpose of determining whether a child is a “full-time elementary or secondary school student” or “intends to continue to be in full-time attendance at an elementary or secondary school”, within the meaning of this subsection, there shall be disregarded any education provided, or to be provided, beyond grade 12.

(D)

A child who attains age 19 at a time when he is a full-time elementary or secondary school student (as defined in subparagraph (A) of this paragraph and without application of subparagraph (B) of such paragraph) but has not (at such time) completed the requirements for, or received, a diploma or equivalent certificate from a secondary school (as defined in subparagraph (C)(i)) shall be deemed (for purposes of determining whether his entitlement to benefits under this subsection has terminated under paragraph (1)(F) and for purposes of determining his initial entitlement to such benefits under clause (i) of paragraph (1)(B)) not to have attained such age until the first day of the first month following the end of the quarter or semester in which he is enrolled at such time (or, if the elementary or secondary school (as defined in this paragraph) in which he is enrolled is not operated on a quarter or semester system, until the first day of the first month following the completion of the course in which he is so enrolled or until the first day of the third month beginning after such time, whichever first occurs).

(8)

In the case of—

(A)

an individual entitled to old-age insurance benefits (other than an individual referred to in subparagraph (B)), or

(B)

an individual entitled to disability insurance benefits, or an individual entitled to old-age insurance benefits who was entitled to disability insurance benefits for the month preceding the first month for which he was entitled to old-age insurance benefits,

a child of such individual adopted after such individual became entitled to such old-age or disability insurance benefits shall be deemed not to meet the requirements of clause (i) or (iii) of paragraph (1)(C) unless such child—

(C)

is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual), or

(D)

(i)

was legally adopted by such individual in an adoption decreed by a court of competent jurisdiction within the United States, and

(ii)

in the case of a child who attained the age of 18 prior to the commencement of proceedings for adoption, the child was living with or receiving at least one-half of the child’s support from such individual for the year immediately preceding the month in which the adoption is decreed.

(9)

(A)

A child who is a child of an individual under clause (3) of the first sentence of section 416(e) of this title and is not a child of such individual under clause (1) or (2) of such first sentence shall be deemed not to be dependent on such individual at the time specified in subparagraph (1)(C) of this subsection unless (i) such child was living with such individual in the United States and receiving at least one-half of his support from such individual (I) for the year immediately before the month in which such individual became entitled to old-age insurance benefits or disability insurance benefits or died, or (II) if such individual had a period of disability which continued until he had become entitled to old-age insurance benefits, or disability insurance benefits, or died, for the year immediately before the month in which such period of disability began, and (ii) the period during which such child was living with such individual began before the child attained age 18.

(B)

In the case of a child who was born in the one-year period during which such child must have been living with and receiving at least one-half of his support from such individual, such child shall be deemed to meet such requirements for such period if, as of the close of such period, such child has lived with such individual in the United States and received at least one-half of his support from such individual for substantially all of the period which begins on the date of such child’s birth.

(10)

For purposes of paragraph (1)(H)—

(A)

each stepparent shall notify the Commissioner of Social Security of any divorce upon such divorce becoming final; and

(B)

the Commissioner shall annually notify any stepparent of the rule for termination described in paragraph (1)(H) and of the requirement described in subparagraph (A).

(e) Widow’s insurance benefits

(1)

The widow (as defined in section 416(c) of this title) and every surviving divorced wife (as defined in section 416(d) of this title) of an individual who died a fully insured individual, if such widow or such surviving divorced wife—

(A)

is not married,

(B)

(i)

has attained age 60, or (ii) has attained age 50 but has not attained age 60 and is under a disability (as defined in section 423(d) of this title) which began before the end of the period specified in paragraph (4),

(C)

(i)

has filed application for widow’s insurance benefits,

(ii)

was entitled to wife’s insurance benefits, on the basis of the wages and self-employment income of such individual, for the month preceding the month in which such individual died, and—

(I)

has attained retirement age (as defined in section 416(l) of this title),

(II)

is not entitled to benefits under subsection (a) or section 423 of this title, or

(III)

has in effect a certificate (described in paragraph (8)) filed by her with the Commissioner of Social Security, in accordance with regulations prescribed by the Commissioner of Social Security, in which she elects to receive widow’s insurance benefits (subject to reduction as provided in subsection (q)), or

(iii)

was entitled, on the basis of such wages and self-employment income, to mother’s insurance benefits for the month preceding the month in which she attained retirement age (as defined in section 416(l) of this title), and

(D)

is not entitled to old-age insurance benefits or is entitled to old-age insurance benefits each of which is less than the primary insurance amount (as determined after application of subparagraphs (B) and (C) of paragraph (2)) of such deceased individual,

shall be entitled to a widow’s insurance benefit for each month, beginning with—

(E)

if she satisfies subparagraph (B) by reason of clause (i) thereof, the first month in which she becomes so entitled to such insurance benefits, or

(F)

if she satisfies subparagraph (B) by reason of clause (ii) thereof—

(i)

the first month after her waiting period (as defined in paragraph (5)) in which she becomes so entitled to such insurance benefits, or

(ii)

the first month during all of which she is under a disability and in which she becomes so entitled to such insurance benefits, but only if she was previously entitled to insurance benefits under this subsection on the basis of being under a disability and such first month occurs (I) in the period specified in paragraph (4) and (II) after the month in which a previous entitlement to such benefits on such basis terminated,

and ending with the month preceding the first month in which any of the following occurs: she remarries, dies, becomes entitled to an old-age insurance benefit equal to or exceeding the primary insurance amount (as determined after application of subparagraphs (B) and (C) of paragraph (2)) of such deceased individual, or, if she became entitled to such benefits before she attained age 60, subject to section 423(e) of this title, the termination month (unless she attains retirement age (as defined in section 416(l) of this title) on or before the last day of such termination month). For purposes of the preceding sentence, the termination month for any individual shall be the third month following the month in which her disability ceases; except that, in the case of an individual who has a period of trial work which ends as determined by application of section 422(c)(4)(A) of this title, the termination month shall be the earlier of (I) the third month following the earliest month after the end of such period of trial work with respect to which such individual is determined to no longer be suffering from a disabling physical or mental impairment, or (II) the third month following the earliest month in which such individual engages or is determined able to engage in substantial gainful activity, but in no event earlier than the first month occurring after the 36 months following such period of trial work in which she engages or is determined able to engage in substantial gainful activity.

(2)

(A)

Except as provided in subsection (q) and subparagraph (D) of this paragraph, such widow’s insurance benefit for each month shall be equal to the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual.

(B)

(i)

For purposes of this subsection, in any case in which such deceased individual dies before attaining age 62 and section 415(a)(1) of this title (as in effect after December 1978) is applicable in determining such individual’s primary insurance amount—

(I)

such primary insurance amount shall be determined under the formula set forth in section 415(a)(1)(B)(i) and (ii) of this title which is applicable to individuals who initially become eligible for old-age insurance benefits in the second year after the year specified in clause (ii),

(II)

the year specified in clause (ii) shall be substituted for the second calendar year specified in section 415(b)(3)(A)(ii)(I) of this title, and

(III)

such primary insurance amount shall be increased under section 415(i) of this title as if it were the primary insurance amount referred to in section 415(i)(2)(A)(ii)(II) of this title, except that it shall be increased only for years beginning after the first year after the year specified in clause (ii).

(ii)

The year specified in this clause is the earlier of—

(I)

the year in which the deceased individual attained age 60, or would have attained age 60 had he lived to that age, or

(II)

the second year preceding the year in which the widow or surviving divorced wife first meets the requirements of paragraph (1)(B) or the second year preceding the year in which the deceased individual died, whichever is later.

(iii)

This subparagraph shall apply with respect to any benefit under this subsection only to the extent its application does not result in a primary insurance amount for purposes of this subsection which is less than the primary insurance amount otherwise determined for such deceased individual under section 415 of this title.

(C)

If such deceased individual was (or upon application would have been) entitled to an old-age insurance benefit which was increased (or subject to being increased) on account of delayed retirement under the provisions of subsection (w), then, for purposes of this subsection, such individual’s primary insurance amount, if less than the old-age insurance benefit (increased, where applicable, under paragraph (5) or (6) of section 415(f) of this title and under section 415(i) of this title as if such individual were still alive in the case of an individual who has died) which he was receiving (or would upon application have received) for the month prior to the month in which he died, shall be deemed to be equal to such old-age insurance benefit, and (notwithstanding the provisions of paragraph (3) of such subsection (w)) the number of increment months shall include any month in the months of the calendar year in which he died, prior to the month in which he died, which satisfy the conditions in paragraph (2) of such subsection (w).

(D)

If the deceased individual (on the basis of whose wages and self-employment income a widow or surviving divorced wife is entitled to widow’s insurance benefits under this subsection) was, at any time, entitled to an old-age insurance benefit which was reduced by reason of the application of subsection (q), the widow’s insurance benefit of such widow or surviving divorced wife for any month shall, if the amount of the widow’s insurance benefit of such widow or surviving divorced wife (as determined under subparagraph (A) and after application of subsection (q)) is greater than—

(i)

the amount of the old-age insurance benefit to which such deceased individual would have been entitled (after application of subsection (q)) for such month if such individual were still living and paragraph (5) or (6) of section 415(f) of this title were applied, where applicable, and

(ii)

82½ percent of the primary insurance amount (as determined without regard to subparagraph (C)) of such deceased individual,

be reduced to the amount referred to in clause (i), or (if greater) the amount referred to in clause (ii).

(3)

For purposes of paragraph (1), if—

(A)

a widow or surviving divorced wife marries after attaining age 60 (or after attaining age 50 if she was entitled before such marriage occurred to benefits based on disability under this subsection), or

(B)

a disabled widow or disabled surviving divorced wife described in paragraph (1)(B)(ii) marries after attaining age 50,

such marriage shall be deemed not to have occurred.

(4)

The period referred to in paragraph (1)(B)(ii), in the case of any widow or surviving divorced wife, is the period beginning with whichever of the following is the latest:

(A)

the month in which occurred the death of the fully insured individual referred to in paragraph (1) on whose wages and self-employment income her benefits are or would be based, or

(B)

the last month for which she was entitled to mother’s insurance benefits on the basis of the wages and self-employment income of such individual, or

(C)

the month in which a previous entitlement to widow’s insurance benefits on the basis of such wages and self-employment income terminated because her disability had ceased,

and ending with the month before the month in which she attains age 60, or, if earlier, with the close of the eighty-fourth month following the month with which such period began.

(5)

(A)

The waiting period referred to in paragraph (1)(F), in the case of any widow or surviving divorced wife, is the earliest period of five consecutive calendar months—

(i)

throughout which she has been under a disability, and

(ii)

which begins not earlier than with whichever of the following is the later: (I) the first day of the seventeenth month before the month in which her application is filed, or (II) the first day of the fifth month before the month in which the period specified in paragraph (4) begins.

(B)

For purposes of paragraph (1)(F)(i), each month in the period commencing with the first month for which such widow or surviving divorced wife is first eligible for supplemental security income benefits under subchapter XVI, or State supplementary payments of the type referred to in section 1382e(a) of this title (or payments of the type described in section 212(a) of Public Law 93–66) which are paid by the Commissioner of Social Security under an agreement referred to in section 1382e(a) of this title (or in section 212(b) of Public Law 93–66), shall be included as one of the months of such waiting period for which the requirements of subparagraph (A) have been met.

(6)

In the case of an individual entitled to monthly insurance benefits payable under this section for any month prior to January 1973 whose benefits were not redetermined under section 102(g) of the Social Security Amendments of 1972, such benefits shall not be redetermined pursuant to such section, but shall be increased pursuant to any general benefit increase (as defined in section 415(i)(3) of this title) or any increase in benefits made under or pursuant to section 415(i) of this title, including for this purpose the increase provided effective for March 1974, as though such redetermination had been made.

(7)

Any certificate filed pursuant to paragraph (1)(C)(ii)(III) shall be effective for purposes of this subsection—

(A)

for the month in which it is filed and for any month thereafter, and

(B)

for months, in the period designated by the individual filing such certificate, of one or more consecutive months (not exceeding 12) immediately preceding the month in which such certificate is filed;

except that such certificate shall not be effective for any month before the month in which she attains age 62.

(8)

An individual shall be deemed to be under a disability for purposes of paragraph (1)(B)(ii) if such individual is eligible for supplemental security income benefits under subchapter XVI, or State supplementary payments of the type referred to in section 1382e(a) of this title (or payments of the type described in section 212(a) of Public Law 93–66) which are paid by the Commissioner of Social Security under an agreement referred to in section 1382e(a) of this title (or in section 212(b) of Public Law 93–66), for the month for which all requirements of paragraph (1) for entitlement to benefits under this subsection (other than being under a disability) are met.

(f) Widower’s insurance benefits

(1)

The widower (as defined in section 416(g) of this title) and every surviving divorced husband (as defined in section 416(d) of this title) of an individual who died a fully insured individual, if such widower or such surviving divorced husband—

(A)

is not married,

(B)

(i)

has attained age 60, or (ii) has attained age 50 but has not attained age 60 and is under a disability (as defined in section 423(d) of the title) which began before the end of the period specified in paragraph (4),

(C)

(i)

has filed application for widower’s insurance benefits,

(ii)

was entitled to husband’s insurance benefits, on the basis of the wages and self-employment income of such individual, for the month preceding the month in which such individual died, and—

(I)

has attained retirement age (as defined in section 416(l) of this title),

(II)

is not entitled to benefits under subsection (a) or section 423 of this title, or

(III)

has in effect a certificate (described in paragraph (8)) filed by him with the Commissioner of Social Security, in accordance with regulations prescribed by the Commissioner of Social Security, in which he elects to receive widower’s insurance benefits (subject to reduction as provided in subsection (q)), or

(iii)

was entitled, on the basis of such wages and self-employment income, to father’s insurance benefits for the month preceding the month in which he attained retirement age (as defined in section 416(l) of this title), and

(D)

is not entitled to old-age insurance benefits, or is entitled to old-age insurance benefits each of which is less than the primary insurance amount (as determined after application of subparagraphs (B) and (C) of paragraph (3)) of such deceased individual,

shall be entitled to a widower’s insurance benefit for each month, beginning with—

(E)

if he satisfies subparagraph (B) by reason of clause (i) thereof, the first month in which he becomes so entitled to such insurance benefits, or

(F)

if he satisfies subparagraph (B) by reason of clause (ii) thereof—

(i)

the first month after his waiting period (as defined in paragraph (5)) in which he becomes so entitled to such insurance benefits, or

(ii)

the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits, but only if he was previously entitled to insurance benefits under this subsection on the basis of being under a disability and such first month occurs (I) in the period specified in paragraph (4) and (II) after the month in which a previous entitlement to such benefits on such basis terminated,

and ending with the month preceding the first month in which any of the following occurs: he remarries, dies, or becomes entitled to an old-age insurance benefit equal to or exceeding the primary insurance amount (as determined after application of subparagraphs (B) and (C) of paragraph (3)) ¹ of such deceased individual, or, if he became entitled to such benefits before he attained age 60, subject to section 423(e) of this title, the termination month (unless he attains retirement age (as defined in section 416(l) of this title) on or before the last day of such termination month). For purposes of the preceding sentence, the termination month for any individual shall be the third month following the month in which his disability ceases; except that, in the case of an individual who has a period of trial work which ends as determined by application of section 422(c)(4)(A) of this title, the termination month shall be the earlier of (I) the third month following the earliest month after the end of such period of trial work with respect to which such individual is determined to no longer be suffering from a disabling physical or mental impairment, or (II) the third month following the earliest month in which such individual engages or is determined able to engage in substantial gainful activity, but in no event earlier than the first month occurring after the 36 months following such period of trial work in which he engages or is determined able to engage in substantial gainful activity.

(2)

(A)

Except as provided in subsection (q), 2 and subparagraph (D) of this paragraph, such widower’s insurance benefit for each month shall be equal to the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual.

(B)

(i)

(I)

(II)

the year specified in clause (ii) shall be substituted for the second calendar year specified in section 415(b)(3)(A)(ii)(I) of this title, and

(III)

(ii)

The year specified in this clause is the earlier of—

(I)

the year in which the deceased individual attained age 60, or would have attained age 60 had she lived to that age, or

(II)

the second year preceding the year in which the widower or surviving divorced husband first meets the requirements of paragraph (1)(B) or the second year preceding the year in which the deceased individual died, whichever is later.

(iii)

(C)

If such deceased individual was (or upon application would have been) entitled to an old-age insurance benefit which was increased (or subject to being increased) on account of delayed retirement under the provisions of subsection (w), then, for purposes of this subsection, such individual’s primary insurance amount, if less than the old-age insurance benefit (increased, where applicable, under paragraph (5) or (6) of section 415(f) of this title and under section 415(i) of this title as if such individual were still alive in the case of an individual who has died) which she was receiving (or would upon application have received) for the month prior to the month in which she died, shall be deemed to be equal to such old-age insurance benefit, and (notwithstanding the provisions of paragraph (3) of such subsection (w)) the number of increment months shall include any month in the months of the calendar year in which she died, prior to the month in which she died, which satisfy the conditions in paragraph (2) of such subsection (w).

(D)

If the deceased individual (on the basis of whose wages and self-employment income a widower or surviving divorced husband is entitled to widower’s insurance benefits under this subsection) was, at any time, entitled to an old-age insurance benefit which was reduced by reason of the application of subsection (q), the widower’s insurance benefit of such widower or surviving divorced husband for any month shall, if the amount of the widower’s insurance benefit of such widower or surviving divorced husband (as determined under subparagraph (A) and after application of subsection (q)) is greater than—

(i)

(ii)

82½ percent of the primary insurance amount (as determined without regard to subparagraph (C)) of such deceased individual;

be reduced to the amount referred to in clause (i), or (if greater) the amount referred to in clause (ii).

(3)

For purposes of paragraph (1), if—

(A)

a widower or surviving divorced husband marries after attaining age 60 (or after attaining age 50 if he was entitled before such marriage occurred to benefits based on disability under this subsection), or

(B)

a disabled widower or surviving divorced husband described in paragraph (1)(B)(ii) marries after attaining age 50,

such marriage shall be deemed not to have occurred.

(4)

The period referred to in paragraph (1)(B)(ii), in the case of any widower or surviving divorced husband, is the period beginning with whichever of the following is the latest:

(A)

the month in which occurred the death of the fully insured individual referred to in paragraph (1) on whose wages and self-employment income his benefits are or would be based,

(B)

the last month for which he was entitled to father’s insurance benefits on the basis of the wages and self-employment income of such individual, or

(C)

the month in which a previous entitlement to widower’s insurance benefits on the basis of such wages and self-employment income terminated because his disability had ceased,

and ending with the month before the month in which he attains age 60, or, if earlier, with the close of the eighty-fourth month following the month with which such period began.

(5)

(A)

The waiting period referred to in paragraph (1)(F), in the case of any widower or surviving divorced husband, is the earliest period of five consecutive calendar months—

(i)

throughout which he has been under a disability, and

(ii)

which begins not earlier than with whichever of the following is the later: (I) the first day of the seventeenth month before the month in which his application is filed, or (II) the first day of the fifth month before the month in which the period specified in paragraph (4) begins.

(B)

For purposes of paragraph (1)(F)(i), each month in the period commencing with the first month for which such widower or surviving divorced husband is first eligible for supplemental security income benefits under subchapter XVI, or State supplementary payments of the type referred to in section 1382e(a) of this title (or payments of the type described in section 212(a) of Public Law 93–66) which are paid by the Commissioner of Social Security under an agreement referred to in section 1382e(a) of this title (or in section 212(b) of Public Law 93–66), shall be included as one of the months of such waiting period for which the requirements of subparagraph (A) have been met.

(6)

(7)

Any certificate filed pursuant to paragraph (1)(C)(ii)(III) shall be effective for purposes of this subsection—

(A)

for the month in which it is filed and for any month thereafter, and

(B)

except that such certificate shall not be effective for any month before the month in which he attains age 62.

(8)

An individual shall be deemed to be under a disability for purposes of paragraph (1)(B)(ii) if such individual is eligible for supplemental security income benefits under subchapter XVI, or State supplementary payments of the type referred to in section 1382e(a) of this title (or payments of the type described in section 212(a) of Public Law 93–66) which are paid by the Commissioner of Social Security under an agreement referred to in such section 1382e(a) of this title (or in section 212(b) of Public Law 93–66), for the month for which all requirements of paragraph (1) for entitlement to benefits under this subsection (other than being under a disability) are met.

(g) Mother’s and father’s insurance benefits

(1)

The surviving spouse and every surviving divorced parent (as defined in section 416(d) of this title) of an individual who died a fully or currently insured individual, if such surviving spouse or surviving divorced parent—

(A)

is not married,

(B)

is not entitled to a surviving spouse’s insurance benefit,

(C)

is not entitled to old-age insurance benefits, or is entitled to old-age insurance benefits each of which is less than three-fourths of the primary insurance amount of such individual,

(D)

has filed application for mother’s or father’s insurance benefits, or was entitled to a spouse’s insurance benefit on the basis of the wages and self-employment income of such individual for the month preceding the month in which such individual died,

(E)

at the time of filing such application has in his or her care a child of such individual entitled to a child’s insurance benefit, and

(F)

in the case of a surviving divorced parent—

(i)

the child referred to in subparagraph (E) is his or her son, daughter, or legally adopted child, and

(ii)

the benefits referred to in such subparagraph are payable on the basis of such individual’s wages and self-employment income,

shall (subject to subsection (s)) be entitled to a mother’s or father’s insurance benefit for each month, beginning with the first month in which he or she becomes so entitled to such insurance benefits and ending with the month preceding the first month in which any of the following occurs: no child of such deceased individual is entitled to a child’s insurance benefit, such surviving spouse or surviving divorced parent becomes entitled to an old-age insurance benefit equal to or exceeding three-fourths of the primary insurance amount of such deceased individual, he or she becomes entitled to a surviving spouse’s insurance benefit, he or she remarries, or he or she dies. Entitlement to such benefits shall also end, in the case of a surviving divorced parent, with the month immediately preceding the first month in which no son, daughter, or legally adopted child of such surviving divorced parent is entitled to a child’s insurance benefit on the basis of the wages and self-employment income of such deceased individual.

(2)

Such mother’s or father’s insurance benefit for each month shall be equal to three-fourths of the primary insurance amount of such deceased individual.

(3)

In the case of a surviving spouse or surviving divorced parent who marries—

(A)

an individual entitled to benefits under this subsection or subsection (a), (b), (c), (e), (f), or (h), or under section 423(a) of this title, or

(B)

an individual who has attained the age of eighteen and is entitled to benefits under subsection (d),

the entitlement of such surviving spouse or surviving divorced parent to benefits under this subsection shall, notwithstanding the provisions of paragraph (1) of this subsection but subject to subsection (s), not be terminated by reason of such marriage.

(h) Parent’s insurance benefits

(1)

Every parent (as defined in this subsection) of an individual who died a fully insured individual, if such parent—

(A)

has attained age 62,

(B)

(i)

was receiving at least one-half of his support from such individual at the time of such individual’s death or, if such individual had a period of disability which did not end prior to the month in which he died, at the time such period began or at the time of such death, and (ii) filed proof of such support within two years after the date of such death, or, if such individual had such a period of disability, within two years after the month in which such individual filed application with respect to such period of disability or two years after the date of such death, as the case may be,

(C)

has not married since such individual’s death,

(D)

is not entitled to old-age insurance benefits, or is entitled to old-age insurance benefits each of which is less than 82½ percent of the primary insurance amount of such deceased individual if the amount of the parent’s insurance benefit for such month is determinable under paragraph (2)(A) (or 75 percent of such primary insurance amount in any other case), and

(E)

has filed application for parent’s insurance benefits,

shall be entitled to a parent’s insurance benefit for each month beginning with the first month after August 1950 in which such parent becomes so entitled to such parent’s insurance benefits and ending with the month preceding the first month in which any of the following occurs: such parent dies, marries, or becomes entitled to an old-age insurance benefit equal to or exceeding 82½ percent of the primary insurance amount of such deceased individual if the amount of the parent’s insurance benefit for such month is determinable under paragraph (2)(A) (or 75 percent of such primary insurance amount in any other case).

(2)

(A)

Except as provided in subparagraphs (B) and (C), such parent’s insurance benefit for each month shall be equal to 82½ percent of the primary insurance amount of such deceased individual.

(B)

For any month for which more than one parent is entitled to parent’s insurance benefits on the basis of such deceased individual’s wages and self-employment income, such benefit for each such parent for such month shall (except as provided in subparagraph (C)) be equal to 75 percent of the primary insurance amount of such deceased individual.

(C)

In any case in which—

(i)

any parent is entitled to a parent’s insurance benefit for a month on the basis of a deceased individual’s wages and self-employment income, and

(ii)

another parent of such deceased individual is entitled to a parent’s insurance benefit for such month on the basis of such wages and self-employment income, and on the basis of an application filed after such month and after the month in which the application for the parent’s benefits referred to in clause (i) was filed,

the amount of the parent’s insurance benefit of the parent referred to in clause (i) for the month referred to in such clause shall be determined under subparagraph (A) instead of subparagraph (B) and the amount of the parent’s insurance benefit of a parent referred to in clause (ii) for such month shall be equal to 150 percent of the primary insurance amount of the deceased individual minus the amount (before the application of section 403(a) of this title) of the benefit for such month of the parent referred to in clause (i).

(3)

As used in this subsection, the term “parent” means the mother or father of an individual, a stepparent of an individual by a marriage contracted before such individual attained the age of sixteen, or an adopting parent by whom an individual was adopted before he attained the age of sixteen.

(4)

In the case of a parent who marries—

(A)

an individual entitled to benefits under this subsection or subsection (b), (c), (e), (f), or (g), or

(B)

an individual who has attained the age of eighteen and is entitled to benefits under subsection (d),

such parent’s entitlement to benefits under this subsection shall, notwithstanding the provisions of paragraph (1) of this subsection but subject to subsection (s), not be terminated by reason of such marriage.

(i) Lump-sum death payments

Upon the death, after August 1950, of an individual who died a fully or currently insured individual, an amount equal to three times such individual’s primary insurance amount (as determined without regard to the amendments made by section 2201 of the Omnibus Budget Reconciliation Act of 1981, relating to the repeal of the minimum benefit provisions), or an amount equal to $255, whichever is the smaller, shall be paid in a lump sum to the person, if any, determined by the Commissioner of Social Security to be the widow or widower of the deceased and to have been living in the same household with the deceased at the time of death. If there is no such person, or if such person dies before receiving payment, then such amount shall be paid—

(1)

to a widow (as defined in section 416(c) of this title) or widower (as defined in section 416(g) of this title) who is entitled (or would have been so entitled had a timely application been filed), on the basis of the wages and self-employment income of such insured individual, to benefits under subsection (e), (f), or (g) of this section for the month in which occurred such individual’s death; or

(2)

if no person qualifies for payment under paragraph (1), or if such person dies before receiving payment, in equal shares to each person who is entitled (or would have been so entitled had a timely application been filed), on the basis of the wages and self-employment income of such insured individual, to benefits under subsection (d) of this section for the month in which occurred such individual’s death.

No payment shall be made to any person under this subsection unless application therefor shall have been filed, by or on behalf of such person (whether or not legally competent), prior to the expiration of two years after the date of death of such insured individual, or unless such person was entitled to wife’s or husband’s insurance benefits, on the basis of the wages and self-employment income of such insured individual, for the month preceding the month in which such individual died. In the case of any individual who died outside the forty-eight States and the District of Columbia after December 1953 and before January 1, 1957, whose death occurred while he was in the active military or naval service of the United States, and who is returned to any of such States, the District of Columbia, Alaska, Hawaii, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, or American Samoa for interment or reinterment, the provisions of the preceding sentence shall not prevent payment to any person under the second sentence of this subsection if application for a lump-sum death payment with respect to such deceased individual is filed by or on behalf of such person (whether or not legally competent) prior to the expiration of two years after the date of such interment or reinterment. In the case of any individual who died outside the fifty States and the District of Columbia after December 1956 while he was performing service, as a member of a uniformed service, to which the provisions of section 410(l)(1) of this title are applicable, and who is returned to any State, or to any Territory or possession of the United States, for interment or reinterment, the provisions of the third sentence of this subsection shall not prevent payment to any person under the second sentence of this subsection if application for a lump-sum death payment with respect to such deceased individual is filed by or on behalf of such person (whether or not legally competent) prior to the expiration of two years after the date of such interment or reinterment.

(j) Application for monthly insurance benefits

(1)

Subject to the limitations contained in paragraph (4), an individual who would have been entitled to a benefit under subsection (a), (b), (c), (d), (e), (f), (g), or (h) for any month after August 1950 had he filed application therefor prior to the end of such month shall be entitled to such benefit for such month if he files application therefor prior to—

(A)

the end of the twelfth month immediately succeeding such month in any case where the individual (i) is filing application for a benefit under subsection (e) or (f), and satisfies paragraph (1)(B) of such subsection by reason of clause (ii) thereof, or (ii) is filing application for a benefit under subsection (b), (c), or (d) on the basis of the wages and self-employment income of a person entitled to disability insurance benefits, or

(B)

the end of the sixth month immediately succeeding such month in any case where subparagraph (A) does not apply.

Any benefit under this subchapter for a month prior to the month in which application is filed shall be reduced, to any extent that may be necessary, so that it will not render erroneous any benefit which, before the filing of such application, the Commissioner of Social Security has certified for payment for such prior month.

(2)

An application for any monthly benefits under this section filed before the first month in which the applicant satisfies the requirements for such benefits shall be deemed a valid application (and shall be deemed to have been filed in such first month) only if the applicant satisfies the requirements for such benefits before the Commissioner of Social Security makes a final decision on the application and no request under section 405(b) of this title for notice and opportunity for a hearing thereon is made or, if such a request is made, before a decision based upon the evidence adduced at the hearing is made (regardless of whether such decision becomes the final decision of the Commissioner of Social Security).

(3)

Notwithstanding the provisions of paragraph (1), an individual may, at his option, waive entitlement to any benefit referred to in paragraph (1) for any one or more consecutive months (beginning with the earliest month for which such individual would otherwise be entitled to such benefit) which occur before the month in which such individual files application for such benefit; and, in such case, such individual shall not be considered as entitled to such benefits for any such month or months before such individual filed such application. An individual shall be deemed to have waived such entitlement for any such month for which such benefit would, under the second sentence of paragraph (1), be reduced to zero.

(4)

(A)

Except as provided in subparagraph (B), no individual shall be entitled to a monthly benefit under subsection (a), (b), (c), (e), or (f) for any month prior to the month in which he or she files an application for benefits under that subsection if the amount of the monthly benefit to which such individual would otherwise be entitled for any such month would be subject to reduction pursuant to subsection (q).

(B)

(i)

If the individual applying for retroactive benefits is a widow, surviving divorced wife, or widower and is under a disability (as defined in section 423(d) of this title), and such individual would, except for subparagraph (A), be entitled to retroactive benefits as a disabled widow or widower or disabled surviving divorced wife for any month before attaining the age of 60, then subparagraph (A) shall not apply with respect to such month or any subsequent month.

(ii)

Subparagraph (A) does not apply to a benefit under subsection (e) or (f) for the month immediately preceding the month of application, if the insured individual died in that preceding month.

(iii)

As used in this subparagraph, the term “retroactive benefits” means benefits to which an individual becomes entitled for a month prior to the month in which application for such benefits is filed.

(5)

In any case in which it is determined to the satisfaction of the Commissioner of Social Security that an individual failed as of any date to apply for monthly insurance benefits under this subchapter by reason of misinformation provided to such individual by any officer or employee of the Social Security Administration relating to such individual’s eligibility for benefits under this subchapter, such individual shall be deemed to have applied for such benefits on the later of—

(A)

the date on which such misinformation was provided to such individual, or

(B)

the date on which such individual met all requirements for entitlement to such benefits (other than application therefor).

(k) Simultaneous entitlement to benefits

(1)

A child, entitled to child’s insurance benefits on the basis of the wages and self-employment income of an insured individual, who would be entitled, on filing application, to child’s insurance benefits on the basis of the wages and self-employment income of some other insured individual, shall be deemed entitled, subject to the provisions of paragraph (2) of this subsection, to child’s insurance benefits on the basis of the wages and self-employment income of such other individual if an application for child’s insurance benefits on the basis of the wages and self-employment income of such other individual has been filed by any other child who would, on filing application, be entitled to child’s insurance benefits on the basis of the wages and self-employment income of both such insured individuals.

(2)

(A)

Any child who under the preceding provisions of this section is entitled for any month to child’s insurance benefits on the wages and self-employment income of more than one insured individual shall, notwithstanding such provisions, be entitled to only one of such child’s insurance benefits for such month. Such child’s insurance benefits for such month shall be the benefit based on the wages and self-employment income of the insured individual who has the greatest primary insurance amount, except that such child’s insurance benefits for such month shall be the largest benefit to which such child could be entitled under subsection (d) (without the application of section 403(a) of this title) or subsection (m) if entitlement to such benefit would not, with respect to any person, result in a benefit lower (after the application of section 403(a) of this title) than the benefit which would be applicable if such child were entitled on the wages and self-employment income of the individual with the greatest primary insurance amount. Where more than one child is entitled to child’s insurance benefits pursuant to the preceding provisions of this paragraph, each such child who is entitled on the wages and self-employment income of the same insured individuals shall be entitled on the wages and self-employment income of the same such insured individual.

(B)

Any individual (other than an individual to whom subsection (e)(3) or (f)(3) applies) who, under the preceding provisions of this section and under the provisions of section 423 of this title, is entitled for any month to more than one monthly insurance benefit (other than an old-age or disability insurance benefit) under this subchapter shall be entitled to only one such monthly benefit for such month, such benefit to be the largest of the monthly benefits to which he (but for this subparagraph) would otherwise be entitled for such month. Any individual who is entitled for any month to more than one widow’s or widower’s insurance benefit to which subsection (e)(3) or (f)(3) applies shall be entitled to only one such benefit for such month, such benefit to be the largest of such benefits.

(3)

(A)

If an individual is entitled to an old-age or disability insurance benefit for any month and to any other monthly insurance benefit for such month, such other insurance benefit for such month, after any reduction under subsection (q), subsection (e)(2) or (f)(2), and any reduction under section 403(a) of this title, shall be reduced, but not below zero, by an amount equal to such old-age or disability insurance benefit (after reduction under such subsection (q)).

(B)

If an individual is entitled for any month to a widow’s or widower’s insurance benefit to which subsection (e)(3) or (f)(3) applies and to any other monthly insurance benefit under this section (other than an old-age insurance benefit), such other insurance benefit for such month, after any reduction under subparagraph (A) of this paragraph, any reduction under subsection (q), and any reduction under section 403(a) of this title, shall be reduced, but not below zero, by an amount equal to such widow’s or widower’s insurance benefit after any reduction or reductions under such subparagraph (A) and such section 403(a).

(4)

Any individual who, under this section and section 423 of this title, is entitled for any month to both an old-age insurance benefit and a disability insurance benefit under this subchapter shall be entitled to only the larger of such benefits for such month, except that, if such individual so elects, he shall instead be entitled to only the smaller of such benefits for such month.

(l) Entitlement to survivor benefits under railroad retirement provisions

If any person would be entitled, upon filing application therefor to an annuity under section 2 of the Railroad Retirement Act of 1974 [45 U.S.C. 231a], or to a lump-sum payment under section 6(b) of such Act [45 U.S.C. 231e(b)], with respect to the death of an employee (as defined in such Act) no lump-sum death payment, and no monthly benefit for the month in which such employee died or for any month thereafter, shall be paid under this section to any person on the basis of the wages and self-employment income of such employee.

(m) Repealed. Pub. L. 97–35, title XXII, § 2201(b)(10), Aug. 13, 1981, 95 Stat. 831

(n) Termination of benefits upon removal of primary beneficiary

(1)

If any individual is (after September 1, 1954) removed under section 1227(a) of title 8 (other than under paragraph (1)(C) of such section) or under section 1182(a)(6)(A) of title 8, then, notwithstanding any other provisions of this subchapter—

(A)

no monthly benefit under this section or section 423 of this title shall be paid to such individual, on the basis of his wages and self-employment income, for any month occurring (i) after the month in which the Commissioner of Social Security is notified by the Attorney General or the Secretary of Homeland Security that such individual has been so removed, and (ii) before the month in which such individual is thereafter lawfully admitted to the United States for permanent residence,

(B)

if no benefit could be paid to such individual (or if no benefit could be paid to him if he were alive) for any month by reason of subparagraph (A), no monthly benefit under this section shall be paid, on the basis of his wages and self-employment income, for such month to any other person who is not a citizen of the United States and is outside the United States for any part of such month, and

(C)

no lump-sum death payment shall be made on the basis of such individual’s wages and self-employment income if he dies (i) in or after the month in which such notice is received, and (ii) before the month in which he is thereafter lawfully admitted to the United States for permanent residence.

Section 403(b), (c), and (d) of this title shall not apply with respect to any such individual for any month for which no monthly benefit may be paid to him by reason of this paragraph.

(2)

(A)

In the case of the removal of any individual under any of the paragraphs of section 1227(a) of title 8 (other than under paragraph (1)(C) of such section) or under section 1182(a)(6)(A) of title 8, the revocation and setting aside of citizenship of any individual under section 1451 of title 8 in any case in which the revocation and setting aside is based on conduct described in section 1182(a)(3)(E)(i) of title 8 (relating to participation in Nazi persecution), or the renunciation of nationality by any individual under section 1481(a)(5) of title 8 pursuant to a settlement agreement with the Attorney General where the individual has admitted to conduct described in section 1182(a)(3)(E)(i) of title 8 (relating to participation in Nazi persecution) occurring after December 18, 2014, the Attorney General or the Secretary of Homeland Security shall notify the Commissioner of Social Security of such removal, revocation and setting aside, or renunciation of nationality not later than 7 days after such removal, revocation and setting aside, or renunciation of nationality (or, in the case of any such removal, revocation and setting aside, of 3 renunciation of nationality that has occurred prior to December 18, 2014, not later than 7 days after December 18, 2014).

(B)

(i)

Not later than 30 days after December 18, 2014, the Attorney General shall certify to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that the Commissioner of Social Security has been notified of each removal, revocation and setting aside, or renunciation of nationality described in subparagraph (A).

(ii)

Not later than 30 days after each notification with respect to an individual under subparagraph (A), the Commissioner of Social Security shall certify to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that such individual’s benefits were terminated under this subsection.

(3)

For purposes of paragraphs (1) and (2) of this subsection—

(A)

an individual against whom a final order of removal has been issued under section 1227(a)(4)(D) of title 8 on grounds of participation in Nazi persecution shall be considered to have been removed under such section as of the date on which such order became final;

(B)

an individual with respect to whom an order admitting the individual to citizenship has been revoked and set aside under section 1451 of title 8 in any case in which the revocation and setting aside is based on conduct described in section 1182(a)(3)(E)(i) of title 8 (relating to participation in Nazi persecution), concealment of a material fact about such conduct, or willful misrepresentation about such conduct shall be considered to have been removed as described in paragraph (1) as of the date of such revocation and setting aside; and

(C)

an individual who pursuant to a settlement agreement with the Attorney General has admitted to conduct described in section 1182(a)(3)(E)(i) of title 8 (relating to participation in Nazi persecution) and who pursuant to such settlement agreement has lost status as a national of the United States by a renunciation under section 1481(a)(5) of title 8 shall be considered to have been removed as described in paragraph (1) as of the date of such renunciation.

(4)

In the case of any individual described in paragraph (3) whose monthly benefits are terminated under paragraph (1)—

(A)

no benefits otherwise available under this section based on the wages and self-employment income of any other individual shall be paid to such individual for any month after such termination; and

(B)

no supplemental security income benefits under subchapter XVI shall be paid to such individual for any such month, including supplementary payments pursuant to an agreement for Federal administration under section 1382e(a) of this title and payments pursuant to an agreement entered into under section 212(b) of Public Law 93–664

(o) Application for benefits by survivors of members and former members of uniformed services

In the case of any individual who would be entitled to benefits under subsection (d), (e), (g), or (h) upon filing proper application therefor, the filing with the Administrator of Veterans’ Affairs by or on behalf of such individual of an application for such benefits, on the form described in section 5105 of title 38, shall satisfy the requirement of such subsection (d), (e), (g), or (h) that an application for such benefits be filed.

(p) Extension of period for filing proof of support and applications for lump-sum death payment

In any case in which there is a failure—

(1)

to file proof of support under subparagraph (B) of subsection (h)(1), or under clause (B) of subsection (f)(1) of this section as in effect prior to the Social Security Act Amendments of 1950, within the period prescribed by such subparagraph or clause, or

(2)

to file, in the case of a death after 1946, application for a lump-sum death payment under subsection (i), or under subsection (g) of this section as in effect prior to the Social Security Act Amendments of 1950, within the period prescribed by such subsection,

any such proof or application, as the case may be, which is filed after the expiration of such period shall be deemed to have been filed within such period if it is shown to the satisfaction of the Commissioner of Social Security that there was good cause for failure to file such proof or application within such period. The determination of what constitutes good cause for purposes of this subsection shall be made in accordance with regulations of the Commissioner of Social Security.

(q) Reduction of benefit amounts for certain beneficiaries

(1)

Subject to paragraph (9), if the first month for which an individual is entitled to an old-age, wife’s, husband’s, widow’s, or widower’s insurance benefit is a month before the month in which such individual attains retirement age, the amount of such benefit for such month and for any subsequent month shall, subject to the succeeding paragraphs of this subsection, be reduced by—

(A)

⁵⁄₉ of 1 percent of such amount if such benefit is an old-age insurance benefit, ²⁵⁄₃₆ of 1 percent of such amount if such benefit is a wife’s or husband’s insurance benefit, or ¹⁹⁄₄₀ of 1 percent of such amount if such benefit is a widow’s or widower’s insurance benefit, multiplied by

(B)

(i)

the number of months in the reduction period for such benefit (determined under paragraph (6)), if such benefit is for a month before the month in which such individual attains retirement age, or

(ii)

if less, the number of such months in the adjusted reduction period for such benefit (determined under paragraph (7)), if such benefit is (I) for the month in which such individual attains age 62, or (II) for the month in which such individual attains retirement age.

(2)

If an individual is entitled to a disability insurance benefit for a month after a month for which such individual was entitled to an old-age insurance benefit, such disability insurance benefit for each month shall be reduced by the amount such old-age insurance benefit would be reduced under paragraphs (1) and (4) for such month had such individual attained retirement age (as defined in section 416(l) of this title) in the first month for which he most recently became entitled to a disability insurance benefit.

(3)

(A)

If the first month for which an individual both is entitled to a wife’s, husband’s, widow’s, or widower’s insurance benefit and has attained age 62 (in the case of a wife’s or husband’s insurance benefit) or age 50 (in the case of a widow’s or widower’s insurance benefit) is a month for which such individual is also entitled to—

(i)

an old-age insurance benefit (to which such individual was first entitled for a month before he attains retirement age (as defined in section 416(l) of this title)), or

(ii)

a disability insurance benefit,

then in lieu of any reduction under paragraph (1) (but subject to the succeeding paragraphs of this subsection) such wife’s, husband’s, widow’s, or widower’s insurance benefit for each month shall be reduced as provided in subparagraph (B), (C), or (D).

(B)

For any month for which such individual is entitled to an old-age insurance benefit and is not entitled to a disability insurance benefit, such individual’s wife’s or husband’s insurance benefit shall be reduced by the sum of—

(i)

the amount by which such old-age insurance benefit is reduced under paragraph (1) for such month, and

(ii)

the amount by which such wife’s or husband’s insurance benefit would be reduced under paragraph (1) for such month if it were equal to the excess of such wife’s or husband’s insurance benefit (before reduction under this subsection) over such old-age insurance benefit (before reduction under this subsection).

(C)

For any month for which such individual is entitled to a disability insurance benefit, such individual’s wife’s, husband’s, widow’s, or widower’s insurance benefit shall be reduced by the sum of—

(i)

the amount by which such disability insurance benefit is reduced under paragraph (2) for such month (if such paragraph applied to such benefit), and

(ii)

the amount by which such wife’s, husband’s, widow’s, or widower’s insurance benefit would be reduced under paragraph (1) for such month if it were equal to the excess of such wife’s, husband’s, widow’s, or widower’s insurance benefit (before reduction under this subsection) over such disability insurance benefit (before reduction under this subsection).

(D)

For any month for which such individual is entitled neither to an old-age insurance benefit nor to a disability insurance benefit, such individual’s wife’s, husband’s, widow’s, or widower’s insurance benefit shall be reduced by the amount by which it would be reduced under paragraph (1).

(E)

Notwithstanding subparagraph (A) of this paragraph, if the first month for which an individual is entitled to a widow’s or widower’s insurance benefit is a month for which such individual is also entitled to an old-age insurance benefit to which such individual was first entitled for that month or for a month before she or he became entitled to a widow’s or widower’s benefit, the reduction in such widow’s or widower’s insurance benefit shall be determined under paragraph (1).

(4)

If—

(A)

an individual is or was entitled to a benefit subject to reduction under paragraph (1) or (3) of this subsection, and

(B)

such benefit is increased by reason of an increase in the primary insurance amount of the individual on whose wages and self-employment income such benefit is based,

then the amount of the reduction of such benefit (after the application of any adjustment under paragraph (7)) for each month beginning with the month of such increase in the primary insurance amount shall be computed under paragraph (1) or (3), whichever applies, as though the increased primary insurance amount had been in effect for and after the month for which the individual first became entitled to such monthly benefit reduced under such paragraph (1) or (3).

(5)

(A)

No wife’s or husband’s insurance benefit shall be reduced under this subsection—

(i)

for any month before the first month for which there is in effect a certificate filed by him or her with the Commissioner of Social Security, in accordance with regulations prescribed by the Commissioner of Social Security, in which he or she elects to receive wife’s or husband’s insurance benefits reduced as provided in this subsection, or

(ii)

for any month in which he or she has in his or her care (individually or jointly with the person on whose wages and self-employment income the wife’s or husband’s insurance benefit is based) a child of such person entitled to child’s insurance benefits.

(B)

Any certificate described in subparagraph (A)(i) shall be effective for purposes of this subsection (and for purposes of preventing deductions under section 403(c)(2) of this title)—

(i)

for the month in which it is filed and for any month thereafter, and

(ii)

except that such certificate shall not be effective for any month before the month in which he or she attains age 62, nor shall it be effective for any month to which subparagraph (A)(ii) applies.

(C)

If an individual does not have in his or her care a child described in subparagraph (A)(ii) in the first month for which he or she is entitled to a wife’s or husband’s insurance benefit, and if such first month is a month before the month in which he or she attains retirement age (as defined in section 416(l) of this title), he or she shall be deemed to have filed in such first month the certificate described in subparagraph (A)(i).

(D)

No widow’s or widower’s insurance benefit for a month in which he or she has in his or her care a child of his or her deceased spouse (or deceased former spouse) entitled to child’s insurance benefits shall be reduced under this subsection below the amount to which he or she would have been entitled had he or she been entitled for such month to mother’s or father’s insurance benefits on the basis of his or her deceased spouse’s (or deceased former spouse’s) wages and self-employment income.

(6)

For purposes of this subsection, the “reduction period” for an individual’s old-age, wife’s, husband’s, widow’s, or widower’s insurance benefit is the period—

(A)

beginning—

(i)

in the case of an old-age insurance benefit, with the first day of the first month for which such individual is entitled to such benefit,

(ii)

in the case of a wife’s or husband’s insurance benefit, with the first day of the first month for which a certificate described in paragraph (5)(A)(i) is effective, or

(iii)

in the case of a widow’s or widower’s insurance benefit, with the first day of the first month for which such individual is entitled to such benefit or the first day of the month in which such individual attains age 60, whichever is the later, and

(B)

ending with the last day of the month before the month in which such individual attains retirement age.

(7)

For purposes of this subsection, the “adjusted reduction period” for an individual’s old-age, wife’s, husband’s, widow’s, or widower’s insurance benefit is the reduction period prescribed in paragraph (6) for such benefit, excluding—

(A)

any month in which such benefit was subject to deductions under section 403(b), 403(c)(1), 403(d)(1), or 422(b) of this title,

(B)

in the case of wife’s or husband’s insurance benefits, any month in which such individual had in his or her care (individually or jointly with the person on whose wages and self-employment income such benefit is based) a child of such person entitled to child’s insurance benefits,

(C)

in the case of wife’s or husband’s insurance benefits, any month for which such individual was not entitled to such benefits because of the occurrence of an event that terminated her or his entitlement to such benefits,

(D)

in the case of widow’s or widower’s insurance benefits, any month in which the reduction in the amount of such benefit was determined under paragraph (5)(D),

(E)

in the case of widow’s or widower’s insurance benefits, any month before the month in which she or he attained age 62, and also for any later month before the month in which she or he attained retirement age, for which she or he was not entitled to such benefit because of the occurrence of an event that terminated her or his entitlement to such benefits, and

(F)

in the case of old-age insurance benefits, any month for which such individual was entitled to a disability insurance benefit.

(8)

This subsection shall be applied after reduction under section 403(a) of this title and before application of section 415(g) of this title. If the amount of any reduction computed under paragraph (1), (2), or (3) is not a multiple of $0.10, it shall be increased to the next higher multiple of $0.10.

(9)

The amount of the reduction for early retirement specified in paragraph (1)—

(A)

for old-age insurance benefits, wife’s insurance benefits, and husband’s insurance benefits, shall be the amount specified in such paragraph for the first 36 months of the reduction period (as defined in paragraph (6)) or adjusted reduction period (as defined in paragraph (7)), and five-twelfths of 1 percent for any additional months included in such periods; and

(B)

for widow’s insurance benefits and widower’s insurance benefits, shall be periodically revised by the Commissioner of Social Security such that—

(i)

the amount of the reduction at early retirement age as defined in section 416(l) of this title shall be 28.5 percent of the full benefit; and

(ii)

the amount of the reduction for each month in the reduction period (specified in paragraph (6)) or the adjusted reduction period (specified in paragraph (7)) shall be established by linear interpolation between 28.5 percent at the month of attainment of early retirement age and 0 percent at the month of attainment of retirement age.

(10)

For purposes of applying paragraph (4), with respect to monthly benefits payable for any month after December 1977 to an individual who was entitled to a monthly benefit as reduced under paragraph (1) or (3) prior to January 1978, the amount of reduction in such benefit for the first month for which such benefit is increased by reason of an increase in the primary insurance amount of the individual on whose wages and self-employment income such benefit is based and for all subsequent months (and similarly for all subsequent increases) shall be increased by a percentage equal to the percentage increase in such primary insurance amount (such increase being made in accordance with the provisions of paragraph (8)). In the case of an individual whose reduced benefit under this section is increased as a result of the use of an adjusted reduction period (in accordance with paragraphs (1) and (3) of this subsection), then for the first month for which such increase is effective, and for all subsequent months, the amount of such reduction (after the application of the previous sentence, if applicable) shall be determined—

(A)

in the case of old-age, wife’s, and husband’s insurance benefits, by multiplying such amount by the ratio of (i) the number of months in the adjusted reduction period to (ii) the number of months in the reduction period,

(B)

in the case of widow’s and widower’s insurance benefits for the month in which such individual attains age 62, by multiplying such amount by the ratio of (i) the number of months in the reduction period beginning with age 62 multiplied by ¹⁹⁄₄₀ of 1 percent, plus the number of months in the adjusted reduction period prior to age 62 multiplied by ¹⁹⁄₄₀ of 1 percent to (ii) the number of months in the reduction period multiplied by ¹⁹⁄₄₀ of 1 percent, and

(C)

in the case of widow’s and widower’s insurance benefits for the month in which such individual attains retirement age (as defined in section 416(l) of this title), by multiplying such amount by the ratio of (i) the number of months in the adjusted reduction period multiplied by ¹⁹⁄₄₀ of 1 percent to (ii) the number of months in the reduction period beginning with age 62 multiplied by ¹⁹⁄₄₀ of 1 percent, plus the number of months in the adjusted reduction period prior to age 62 multiplied by ¹⁹⁄₄₀ of 1 percent,

such determination being made in accordance with the provisions of paragraph (8).

(11)

When an individual is entitled to more than one monthly benefit under this subchapter and one or more of such benefits are reduced under this subsection, paragraph (10) shall apply separately to each such benefit reduced under this subsection before the application of subsection (k) (pertaining to the method by which monthly benefits are offset when an individual is entitled to more than one kind of benefit) and the application of this paragraph shall operate in conjunction with paragraph (3).

(r) Presumed filing of application by individuals eligible for old-age insurance benefits and for wife’s or husband’s insurance benefits

(1)

If an individual is eligible for a wife’s or husband’s insurance benefit (except in the case of eligibility pursuant to clause (ii) of subsection (b)(1)(B) or subsection (c)(1)(B), as appropriate), in any month for which the individual is entitled to an old-age insurance benefit, such individual shall be deemed to have filed an application for wife’s or husband’s insurance benefits for such month.

(2)

If an individual is eligible (but for subsection (k)(4)) for an old-age insurance benefit in any month for which the individual is entitled to a wife’s or husband’s insurance benefit (except in the case of entitlement pursuant to clause (ii) of subsection (b)(1)(B) or subsection (c)(1)(B), as appropriate), such individual shall be deemed to have filed an application for old-age insurance benefits—

(A)

for such month, or

(B)

if such individual is also entitled to a disability insurance benefit for such month, in the first subsequent month for which such individual is not entitled to a disability insurance benefit.

(3)

For purposes of this subsection, an individual shall be deemed eligible for a benefit for a month if, upon filing application therefor in such month, he would be entitled to such benefit for such month.

(s) Child over specified age to be disregarded for certain benefit purposes unless disabled

(1)

For the purposes of subsections (b)(1), (c)(1), (g)(1), (q)(5), and (q)(7) of this section and paragraphs (2), (3), and (4) of section 403(c) of this title, a child who is entitled to child’s insurance benefits under subsection (d) for any month, and who has attained the age of 16 but is not in such month under a disability (as defined in section 423(d) of this title), shall be deemed not entitled to such benefits for such month, unless he was under such a disability in the third month before such month.

(2)

So much of subsections (b)(3), (c)(4),¹ (d)(5), (g)(3), and (h)(4) of this section as precedes the semicolon, shall not apply in the case of any child unless such child, at the time of the marriage referred to therein, was under a disability (as defined in section 423(d) of this title) or had been under such a disability in the third month before the month in which such marriage occurred.

(3)

The last sentence of subsection (c) of section 403 of this title, subsection (f)(1)(C) of section 403 of this title, and subsections (b)(3)(B), (c)(6)(B),¹ (f)(3)(B), and (g)(6)(B) ¹ of section 416 of this title shall not apply in the case of any child with respect to any month referred to therein unless in such month or the third month prior thereto such child was under a disability (as defined in section 423(d) of this title).

(t) Suspension of benefits of aliens who are outside United States; residency requirements for dependents and survivors

(1)

Notwithstanding any other provision of this subchapter, no monthly benefits shall be paid under this section or under section 423 of this title to any individual who is not a citizen or national of the United States for any month which is—

(A)

after the sixth consecutive calendar month during all of which the Commissioner of Social Security finds, on the basis of information furnished to the Commissioner by the Attorney General or information which otherwise comes to the Commissioner’s attention, that such individual is outside the United States, and

(B)

prior to the first month thereafter for all of which such individual has been in the United States.

For purposes of the preceding sentence, after an individual has been outside the United States for any period of thirty consecutive days he shall be treated as remaining outside the United States until he has been in the United States for a period of thirty consecutive days.

(2)

Subject to paragraph (11), paragraph (1) of this subsection shall not apply to any individual who is a citizen of a foreign country which the Commissioner of Social Security finds has in effect a social insurance or pension system which is of general application in such country and under which—

(A)

periodic benefits, or the actuarial equivalent thereof, are paid on account of old age, retirement, or death, and

(B)

individuals who are citizens of the United States but not citizens of such foreign country and who qualify for such benefits are permitted to receive such benefits or the actuarial equivalent thereof while outside such foreign country without regard to the duration of the absence.

(3)

Paragraph (1) of this subsection shall not apply in any case where its application would be contrary to any treaty obligation of the United States in effect on August 1, 1956.

(4)

Subject to paragraph (11), paragraph (1) of this subsection shall not apply to any benefit for any month if—

(A)

not less than forty of the quarters elapsing before such month are quarters of coverage for the individual on whose wages and self-employment income such benefit is based, or

(B)

the individual on whose wages and self-employment income such benefit is based has, before such month, resided in the United States for a period or periods aggregating ten years or more, or

(C)

the individual entitled to such benefit is outside the United States while in the active military or naval service of the United States, or

(D)

the individual on whose wages and self-employment income such benefit is based died, before such month, either (i) while on active duty or inactive duty training (as those terms are defined in section 410(l) (2) and (3) of this title) as a member of a uniformed service (as defined in section 410(m) of this title), or (ii) as the result of a disease or injury which the Secretary of Veterans Affairs determines was incurred or aggravated in line of duty while on active duty (as defined in section 410(l)(2) of this title), or an injury which he determines was incurred or aggravated in line of duty while on inactive duty training (as defined in section 410(l)(3) of this title), as a member of a uniformed service (as defined in section 410(m) of this title), if the Secretary of Veterans Affairs determines that such individual was discharged or released from the period of such active duty or inactive duty training under conditions other than dishonorable, and if the Secretary of Veterans Affairs certifies to the Commissioner of Social Security his determinations with respect to such individual under this clause, or

(E)

the individual on whose employment such benefit is based had been in service covered by the Railroad Retirement Act of 1937 or 1974 [45 U.S.C. 228a et seq., 231 et seq.] which was treated as employment covered by this chapter pursuant to the provisions of section 5(k)(1) of the Railroad Retirement Act of 1937 [45 U.S.C. 228e(k)(1)] or section 18(2) of the Railroad Retirement Act of 1974 [45 U.S.C. 231q(2)];

except that subparagraphs (A) and (B) of this paragraph shall not apply in the case of any individual who is a citizen of a foreign country that has in effect a social insurance or pension system which is of general application in such country and which satisfies subparagraph (A) but not subparagraph (B) of paragraph (2), or who is a citizen of a foreign country that has no social insurance or pension system of general application if at any time within five years prior to the month in which the Social Security Amendments of 1967 are enacted (or the first month thereafter for which his benefits are subject to suspension under paragraph (1)) payments to individuals residing in such country were withheld by the Treasury Department under sections 3329(a) and 3330(a) of title 31.

(5)

No person who is, or upon application would be, entitled to a monthly benefit under this section for December 1956 shall be deprived, by reason of paragraph (1) of this subsection, of such benefit or any other benefit based on the wages and self-employment income of the individual on whose wages and self-employment income such monthly benefit for December 1956 is based.

(6)

If an individual is outside the United States when he dies and no benefit may, by reason of paragraph (1) or (10) of this subsection, be paid to him for the month preceding the month in which he dies, no lump-sum death payment may be made on the basis of such individual’s wages and self-employment income.

(7)

Subsections (b), (c), and (d) of section 403 of this title shall not apply with respect to any individual for any month for which no monthly benefit may be paid to him by reason of paragraph (1) of this subsection.

(8)

The Attorney General shall certify to the Commissioner of Social Security such information regarding aliens who depart from the United States to any foreign country (other than a foreign country which is territorially contiguous to the continental United States) as may be necessary to enable the Commissioner of Social Security to carry out the purposes of this subsection and shall otherwise aid, assist, and cooperate with the Commissioner of Social Security in obtaining such other information as may be necessary to enable the Commissioner of Social Security to carry out the purposes of this subsection.

(9)

No payments shall be made under part A of subchapter XVIII with respect to items or services furnished to an individual in any month for which the prohibition in paragraph (1) against payment of benefits to him is applicable (or would be if he were entitled to any such benefits).

(10)

Notwithstanding any other provision of this subchapter, no monthly benefits shall be paid under this section or under section 423 of this title, for any month beginning after June 30, 1968, to an individual who is not a citizen or national of the United States and who resides during such month in a foreign country if payments for such month to individuals residing in such country are withheld by the Treasury Department under sections 3329(a) and 3330(a) of title 31.

(11)

(A)

Paragraph (2) and subparagraphs (A), (B), (C), and (E) of paragraph (4) shall apply with respect to an individual’s monthly benefits under subsection (b), (c), (d), (e), (f), (g), or (h) only if such individual meets the residency requirements of this paragraph with respect to those benefits.

(B)

An individual entitled to benefits under subsection (b), (c), (e), (f), or (g) meets the residency requirements of this paragraph with respect to those benefits only if such individual has resided in the United States, and while so residing bore a spousal relationship to the person on whose wages and self-employment income such entitlement is based, for a total period of not less than 5 years. For purposes of this subparagraph, a period of time for which an individual bears a spousal relationship to another person consists of a period throughout which the individual has been, with respect to such other person, a wife, a husband, a widow, a widower, a divorced wife, a divorced husband, a surviving divorced wife, a surviving divorced husband, a surviving divorced mother, a surviving divorced father, or (as applicable in the course of such period) any two or more of the foregoing.

(C)

An individual entitled to benefits under subsection (d) meets the residency requirements of this paragraph with respect to those benefits only if—

(i)

(I)

such individual has resided in the United States (as the child of the person on whose wages and self-employment income such entitlement is based) for a total period of not less than 5 years, or

(II)

the person on whose wages and self-employment income such entitlement is based, and the individual’s other parent (within the meaning of subsection (h)(3)), if any, have each resided in the United States for a total period of not less than 5 years (or died while residing in the United States), and

(ii)

in the case of an individual entitled to such benefits as an adopted child, such individual was adopted within the United States by the person on whose wages and self-employment income such entitlement is based, and has lived in the United States with such person and received at least one-half of his or her support from such person for a period (beginning before such individual attained age 18) consisting of—

(I)

the year immediately before the month in which such person became eligible for old-age insurance benefits or disability insurance benefits or died, whichever occurred first, or

(II)

if such person had a period of disability which continued until he or she became entitled to old-age insurance benefits or disability insurance benefits or died, the year immediately before the month in which such period of disability began.

(D)

An individual entitled to benefits under subsection (h) meets the residency requirements of this paragraph with respect to those benefits only if such individual has resided in the United States, and while so residing was a parent (within the meaning of subsection (h)(3)) of the person on whose wages and self-employment income such entitlement is based, for a total period of not less than 5 years.

(E)

This paragraph shall not apply with respect to any individual who is a citizen or resident of a foreign country with which the United States has an agreement in force concluded pursuant to section 433 of this title, except to the extent provided by such agreement.

(u) Conviction of subversive activities, etc.

(1)

If any individual is convicted of any offense (committed after August 1, 1956) under—

(A)

chapter 37 (relating to espionage and censorship), chapter 105 (relating to sabotage), or chapter 115 (relating to treason, sedition, and subversive activities) of title 18, or

(B)

section 783 of title 50,

then the court may, in addition to all other penalties provided by law, impose a penalty that in determining whether any monthly insurance benefit under this section or section 423 of this title is payable to such individual for the month in which he is convicted or for any month thereafter, in determining the amount of any such benefit payable to such individual for any such month, and in determining whether such individual is entitled to insurance benefits under part A of subchapter XVIII for any such month, there shall not be taken into account—

(C)

any wages paid to such individual or to any other individual in the calendar year in which such conviction occurs or in any prior calendar year, and

(D)

any net earnings from self-employment derived by such individual or by any other individual during a taxable year in which such conviction occurs or during any prior taxable year.

(2)

As soon as practicable after an additional penalty has, pursuant to paragraph (1) of this subsection, been imposed with respect to any individual, the Attorney General shall notify the Commissioner of Social Security of such imposition.

(3)

If any individual with respect to whom an additional penalty has been imposed pursuant to paragraph (1) of this subsection is granted a pardon of the offense by the President of the United States, such additional penalty shall not apply for any month beginning after the date on which such pardon is granted.

(v) Waiver of benefits

(1)

Notwithstanding any other provisions of this subchapter, and subject to paragraph (3), in the case of any individual who files a waiver pursuant to section 1402(g) of the Internal Revenue Code of 1986 and is granted a tax exemption thereunder, no benefits or other payments shall be payable under this subchapter to him, no payments shall be made on his behalf under part A of subchapter XVIII, and no benefits or other payments under this subchapter shall be payable on the basis of his wages and self-employment income to any other person, after the filing of such waiver.

(2)

Notwithstanding any other provision of this subchapter, and subject to paragraph (3), in the case of any individual who files a waiver pursuant to section 3127 of the Internal Revenue Code of 1986 and is granted a tax exemption thereunder, no benefits or other payments shall be payable under this subchapter to him, no payments shall be made on his behalf under part A of subchapter XVIII, and no benefits or other payments under this subchapter shall be payable on the basis of his wages and self-employment income to any other person, after the filing of such waiver.

(3)

If, after an exemption referred to in paragraph (1) or (2) is granted to an individual, such exemption ceases to be effective, the waiver referred to in such paragraph shall cease to be applicable in the case of benefits and other payments under this subchapter and part A of subchapter XVIII to the extent based on—

(A)

his wages for and after the calendar year following the calendar year in which occurs the failure to meet the requirements of section 1402(g) or 3127 of the Internal Revenue Code of 1986 on which the cessation of such exemption is based, and

(B)

his self-employment income for and after the taxable year in which occurs such failure.

(w) Increase in old-age insurance benefit amounts on account of delayed retirement

(1)

The amount of an old-age insurance benefit (other than a benefit based on a primary insurance amount determined under section 415(a)(3) of this title as in effect in December 1978 or section 415(a)(1)(C)(i) of this title as in effect thereafter) which is payable without regard to this subsection to an individual shall be increased by—

(A)

the applicable percentage (as determined under paragraph (6)) of such amount, multiplied by

(B)

the number (if any) of the increment months for such individual.

(2)

For purposes of this subsection, the number of increment months for any individual shall be a number equal to the total number of the months—

(A)

which have elapsed after the month before the month in which such individual attained retirement age (as defined in section 416(l) of this title) or (if later) December 1970 and prior to the month in which such individual attained age 70, and

(B)

with respect to which—

(i)

such individual was a fully insured individual (as defined in section 414(a) of this title),

(ii)

such individual either was not entitled to an old-age insurance benefit or, if so entitled, did not receive benefits pursuant to a request under subsection (z) by such individual that benefits not be paid, and

(iii)

such individual was not subject to a penalty imposed under section 1320a–8a of this title.

(3)

For purposes of applying the provisions of paragraph (1), a determination shall be made under paragraph (2) for each year, beginning with 1972, of the total number of an individual’s increment months through the year for which the determination is made and the total so determined shall be applicable to such individual’s old-age insurance benefits beginning with benefits for January of the year following the year for which such determination is made; except that the total number applicable in the case of an individual who attains age 70 after 1972 shall be determined through the month before the month in which he attains such age and shall be applicable to his old-age insurance benefit beginning with the month in which he attains such age.

(4)

This subsection shall be applied after reduction under section 403(a) of this title.

(5)

If an individual’s primary insurance amount is determined under paragraph (3) of section 415(a) of this title as in effect in December 1978, or section 415(a)(1)(C)(i) of this title as in effect thereafter, and, as a result of this subsection, he would be entitled to a higher old-age insurance benefit if his primary insurance amount were determined under section 415(a) of this title (whether before, in, or after December 1978) without regard to such paragraph, such individual’s old-age insurance benefit based upon his primary insurance amount determined under such paragraph shall be increased by an amount equal to the difference between such benefit and the benefit to which he would be entitled if his primary insurance amount were determined under such section without regard to such paragraph.

(6)

For purposes of paragraph (1)(A), the “applicable percentage” is—

(A)

¹⁄₁₂ of 1 percent in the case of an individual who first becomes eligible for an old-age insurance benefit in any calendar year before 1979;

(B)

¼ of 1 percent in the case of an individual who first becomes eligible for an old-age insurance benefit in any calendar year after 1978 and before 1987;

(C)

in the case of an individual who first becomes eligible for an old-age insurance benefit in a calendar year after 1986 and before 2005, a percentage equal to the applicable percentage in effect under this paragraph for persons who first became eligible for an old-age insurance benefit in the preceding calendar year (as increased pursuant to this subparagraph), plus ¹⁄₂₄ of 1 percent if the calendar year in which that particular individual first becomes eligible for such benefit is not evenly divisible by 2; and

(D)

⅔ of 1 percent in the case of an individual who first becomes eligible for an old-age insurance benefit in a calendar year after 2004.

(x) Limitation on payments to prisoners, certain other inmates of publicly funded institutions, fugitives, probationers, and parolees

(1)

(A)

Notwithstanding any other provision of this subchapter, no monthly benefits shall be paid under this section or under section 423 of this title to any individual for any month ending with or during or beginning with or during a period of more than 30 days throughout all of which such individual—

(i)

is confined in a jail, prison, or other penal institution or correctional facility pursuant to his conviction of a criminal offense,

(ii)

is confined by court order in an institution at public expense in connection with—

(I)

a verdict or finding that the individual is guilty but insane, with respect to a criminal offense,

(II)

a verdict or finding that the individual is not guilty of such an offense by reason of insanity,

(III)

a finding that such individual is incompetent to stand trial under an allegation of such an offense, or

(IV)

a similar verdict or finding with respect to such an offense based on similar factors (such as a mental disease, a mental defect, or mental incompetence),

(iii)

immediately upon completion of confinement as described in clause (i) pursuant to conviction of a criminal offense an element of which is sexual activity, is confined by court order in an institution at public expense pursuant to a finding that the individual is a sexually dangerous person or a sexual predator or a similar finding,

(iv)

is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which the person flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the person flees, or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed, or

(v)

is violating a condition of probation or parole imposed under Federal or State law.

(B)

(i)

For purposes of clause (i) of subparagraph (A), an individual shall not be considered confined in an institution comprising a jail, prison, or other penal institution or correctional facility during any month throughout which such individual is residing outside such institution at no expense (other than the cost of monitoring) to such institution or the penal system or to any agency to which the penal system has transferred jurisdiction over the individual.

(ii)

For purposes of clauses (ii) and (iii) of subparagraph (A), an individual confined in an institution as described in such clause (ii) shall be treated as remaining so confined until—

(I)

he or she is released from the care and supervision of such institution, and

(II)

such institution ceases to meet the individual’s basic living needs.

(iii)

Notwithstanding subparagraph (A), the Commissioner shall, for good cause shown, pay the individual benefits that have been withheld or would otherwise be withheld pursuant to clause (iv) or (v) of subparagraph (A) if the Commissioner determines that—

(I)

a court of competent jurisdiction has found the individual not guilty of the criminal offense, dismissed the charges relating to the criminal offense, vacated the warrant for arrest of the individual for the criminal offense, or issued any similar exonerating order (or taken similar exonerating action), or

(II)

the individual was erroneously implicated in connection with the criminal offense by reason of identity fraud.

(iv)

Notwithstanding subparagraph (A), the Commissioner may, for good cause shown based on mitigating circumstances, pay the individual benefits that have been withheld or would otherwise be withheld pursuant to clause (iv) or (v) of subparagraph (A) if the Commissioner determines that—

(I)

the offense described in clause (iv) or underlying the imposition of the probation or parole described in clause (v) was nonviolent and not drug-related, and

(II)

in the case of an individual from whom benefits have been withheld or otherwise would be withheld pursuant to subparagraph (A)(v), the action that resulted in the violation of a condition of probation or parole was nonviolent and not drug-related.

(2)

Benefits which would be payable to any individual (other than a confined individual to whom benefits are not payable by reason of paragraph (1)) under this subchapter on the basis of the wages and self-employment income of such a confined individual but for the provisions of paragraph (1), shall be payable as though such confined individual were receiving such benefits under this section or section 423 of this title.

(3)

(A)

Notwithstanding the provisions of section 552a of title 5 or any other provision of Federal or State law, any agency of the United States Government or of any State (or political subdivision thereof) shall make available to the Commissioner of Social Security, upon written request, the name and social security account number of any individual who is confined as described in paragraph (1) if the confinement is under the jurisdiction of such agency and the Commissioner of Social Security requires such information to carry out the provisions of this section.

(B)

(i)

The Commissioner shall enter into an agreement under this subparagraph with any interested State or local institution comprising a jail, prison, penal institution, or correctional facility, or comprising any other institution a purpose of which is to confine individuals as described in paragraph (1)(A)(ii). Under such agreement—

(I)

the institution shall provide to the Commissioner, on a monthly basis and in a manner specified by the Commissioner, the first, middle, and last names, Social Security account numbers or taxpayer identification numbers, prison assigned inmate numbers, last known addresses, dates of birth, confinement commencement dates, dates of release or anticipated dates of release, dates of work release, and, to the extent available to the institution, such other identifying information concerning the individuals confined in the institution as the Commissioner may require for the purpose of carrying out paragraph (1) and clause (iv) of this subparagraph and other provisions of this subchapter; and

(II)

the Commissioner shall pay to the institution, with respect to information described in subclause (I) concerning each individual who is confined therein as described in paragraph (1)(A), who receives a benefit under this subchapter for the month preceding the first month of such confinement, and whose benefit under this subchapter is determined by the Commissioner to be not payable by reason of confinement based on the information provided by the institution, $400 (subject to reduction under clause (ii)) if the institution furnishes the information to the Commissioner within 30 days after the date such individual’s confinement in such institution begins, or $200 (subject to reduction under clause (ii)) if the institution furnishes the information after 30 days after such date but within 90 days after such date.

(ii)

The dollar amounts specified in clause (i)(II) shall be reduced by 50 percent if the Commissioner is also required to make a payment to the institution with respect to the same individual under an agreement entered into under section 1382(e)(1)(I) of this title.

(iii)

There are authorized to be transferred from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as appropriate, such sums as may be necessary to enable the Commissioner to make payments to institutions required by clause (i)(II).

(iv)

The Commissioner shall maintain, and shall provide on a reimbursable basis, information obtained pursuant to agreements entered into under this paragraph to any agency administering a Federal or federally-assisted cash, food, or medical assistance program for eligibility and other administrative purposes under such program, for statistical and research activities conducted by Federal and State agencies, and to the Secretary of the Treasury for the purposes of tax administration, debt collection, and identifying, preventing, and recovering improper payments under federally funded programs.

(v)

(I)

The Commissioner may disclose information received pursuant to this paragraph to any officer, employee, agent, or contractor of the Department of the Treasury whose official duties require such information to assist in the identification, prevention, and recovery of improper payments or in the collection of delinquent debts owed to the United States, including payments certified by the head of an executive, judicial, or legislative paying agency, and payments made to individuals whose eligibility, or continuing eligibility, to participate in a Federal program (including those administered by a State or political subdivision thereof) is being reviewed.

(II)

Notwithstanding the provisions of section 552a of title 5 or any other provision of Federal or State law, the Secretary of the Treasury may compare information disclosed under subclause (I) with any other personally identifiable information derived from a Federal system of records or similar records maintained by a Federal contractor, a Federal grantee, or an entity administering a Federal program or activity, and may redisclose such comparison of information to any paying or administering agency and to the head of the Federal Bureau of Prisons and the head of any State agency charged with the administration of prisons with respect to inmates whom the Secretary of the Treasury has determined may have been issued, or facilitated in the issuance of, an improper payment.

(III)

The comparison of information disclosed under subclause (I) shall not be considered a matching program for purposes of section 552a of title 5.

(C)

Notwithstanding the provisions of section 552a of title 5 or any other provision of Federal or State law (other than section 6103 of the Internal Revenue Code of 1986 and section 1306(c) of this title), the Commissioner shall furnish any Federal, State, or local law enforcement officer, upon the written request of the officer, with the current address, Social Security number, and photograph (if applicable) of any beneficiary under this subchapter, if the officer furnishes the Commissioner with the name of the beneficiary, and other identifying information as reasonably required by the Commissioner to establish the unique identity of the beneficiary, and notifies the Commissioner that—

(i)

the beneficiary is described in clause (iv) or (v) of paragraph (1)(A); and

(ii)

the location or apprehension of the beneficiary is within the officer’s official duties.

(y) Limitation on payments to aliens

Notwithstanding any other provision of law, no monthly benefit under this subchapter shall be payable to any alien in the United States for any month during which such alien is not lawfully present in the United States as determined by the Attorney General.

(z) Voluntary suspension

(1)

(A)

Except as otherwise provided in this subsection, any individual who has attained retirement age (as defined in section 416(l) of this title) and is entitled to old-age insurance benefits may request that payment of such benefits be suspended—

(i)

beginning with the month following the month in which such request is received by the Commissioner, and

(ii)

ending with the earlier of the month following the month in which a request by the individual for a resumption of such benefits is so received or the month following the month in which the individual attains the age of 70.

(2)

An individual may not suspend such benefits under this subsection, and any suspension of such benefits under this subsection shall end, effective with respect to any month in which the individual becomes subject to—

(A)

mandatory suspension of such benefits under subsection (x);

(B)

termination of such benefits under subsection (n);

(C)

a penalty under section 1320a–8a of this title imposing nonpayment of such benefits; or

(D)

any other withholding, in whole or in part, of such benefits under any other provision of law that authorizes recovery of a debt by withholding such benefits.

(3)

In the case of an individual who requests that such benefits be suspended under this subsection, for any month during the period in which the suspension is in effect—

(A)

no retroactive benefits (as defined in subsection (j)(4)(B)(iii)) shall be payable to such individual;

(B)

no monthly benefit shall be payable to any other individual on the basis of such individual’s wages and self-employment income; and

(C)

no monthly benefit shall be payable to such individual on the basis of another individual’s wages and self-employment income.

Source credit: (Aug. 14, 1935, ch. 531, title II, § 202, 49 Stat. 623; Aug. 10, 1939, ch. 666, title II, § 201, 53 Stat. 1362, 1363; Aug. 10, 1946, ch. 951, title IV, §§ 402, 403(a), 404(a), 405(a), 60 Stat. 986, 987; Aug. 28, 1950, ch. 809, title I, § 101(a), 64 Stat. 482; Aug. 14, 1953, ch. 483, § 2, 67 Stat. 580; Sept. 1, 1954, ch. 1206, title I, §§ 102(i), 105(a), 107, 110, 68 Stat. 1073, 1079, 1083, 1085; Aug. 9, 1955, ch. 685, § 2, 69 Stat. 621; Aug. 1, 1956, ch. 836, title I, §§ 101(a)–(c), 102(c), (d)(1)–(10), 103(c)(1)–(3), 113, 114(a), 118(a), 121(a), 70 Stat. 807, 810–814, 818, 831, 832, 835, 838; Aug. 1, 1956, ch. 837, title IV, §§ 403(a), 407, 70 Stat. 871, 876; Pub. L. 85–238, §§ 1, 3(a)–(g), Aug. 30, 1957, 71 Stat. 518; Pub. L. 85–798, § 1, Aug. 28, 1958, 72 Stat. 964; Pub. L. 85–840, title I, § 101(e), title II, § 205(b)–(i), title III, §§ 301(a)(1), (b)(1), (c)(1), 303, 304(a)(1), 305(a), 306(a), 307(a)–(e), Aug. 28, 1958, 72 Stat. 1017, 1021–1024, 1026, 1027, 1029–1032; Pub. L. 85–857, § 13(i)(1), Sept. 2, 1958, 72 Stat. 1265; Pub. L. 85–927, § 301, Sept. 6, 1958, 72 Stat. 1783; Pub. L. 86–70, § 32(c)(1), June 25, 1959, 73 Stat. 149; Pub. L. 86–624, § 30(c)(1), July 12, 1960, 74 Stat. 420; Pub. L. 86–778, title I, § 103(a)(1), (j)(2)(C), (D), title II, §§ 201(a), (b), 202(a), 203(a), 205(a), (b), 208(d), 211(i)–(l), title III, § 301(a), title IV, § 403(d), Sept. 13, 1960, 74 Stat. 936, 937, 946, 947, 949, 952, 957–959, 1969; Pub. L. 87–64, title I, §§ 102(a), (b)(1), (2)(A), (3), (e), 104(a)–(d), June 30, 1961, 75 Stat. 131, 134–136, 138, 139; Pub. L. 89–97, title I, § 104(a), title III, §§ 303(d), 304(a)–(j), 306(a), (b), (c)(1)–(9), 307(a), (b), 308(a), (b), (d)(1), (2)(A), (3)–(5), (12), (13), 319(d), 323(a), 324(a), 328(a), 333(a)–(c), 334(e), (f), 339(b), 343(a), July 30, 1965, 79 Stat. 334, 367–379, 392, 397, 398, 400, 403–405, 410, 412; Pub. L. 90–248, title I, §§ 103(a)–(d), 104(a)–(c), 112(a), 151(a)–(d)(1), (2), 157(a), (b), 158(c)(1), (2), 162(a)(1), (b)(1), (c)(1), (2), Jan. 2, 1968, 81 Stat. 828–830, 838, 860, 867, 868, 871; Pub. L. 91–172, title X, § 1004(a)–(c), Dec. 30, 1969, 83 Stat. 741; Pub. L. 92–223, § 1, Dec. 28, 1971, 85 Stat. 802; Pub. L. 92–603, title I, §§ 102(a), (b), (d)–(f), 103(a), (b), 107(a), 108(a)–(e), 109(a), 110(a), 111(a), 112(a), 113(b), 114(a)–(c), 116(b), (c), Oct. 30, 1972, 86 Stat. 1335, 1336, 1338–1340, 1343–1348, 1350; Pub. L. 93–66, title II, § 240(a), July 9, 1973, 87 Stat. 161; Pub. L. 93–233, §§ 1(f), (g), 18(b), Dec. 31, 1973, 87 Stat. 947, 948, 967; Pub. L. 93–445, title III, § 301, Oct. 16, 1974, 88 Stat. 1357; Pub. L. 95–216, title II, §§ 203, 204(a)–(d), 205(a), (b), title III, §§ 331(a)–(c), 332(a)(1), (2), 334(a)–(d)(4)(A), (5), (6), (e), 336(a), (b), 337(b), 353(f)(1), Dec. 20, 1977, 91 Stat. 1527–1529, 1541–1548, 1554; Pub. L. 95–600, title VII, § 703(j)(14)(A), Nov. 6, 1978, 92 Stat. 2942; Pub. L. 96–265, title III, §§ 303(b)(1)(B)–(D), 306(a), June 9, 1980, 94 Stat. 451, 452, 457; Pub. L. 96–473, §§ 5(b), 6(a), Oct. 19, 1980, 94 Stat. 2265; Pub. L. 96–499, title X, § 1011(a), Dec. 5, 1980, 94 Stat. 2655; Pub. L. 97–35, title XXII, §§ 2201(b)(10), (11), (d), (f), 2202(a)(1), 2203(a), (b)(1), (c)(1), (d)(1), (2), 2205(a), 2206(b)(1), 2210(a), Aug. 13, 1981, 95 Stat. 831–838, 841; Pub. L. 97–123, § 2(e), Dec. 29, 1981, 95 Stat. 1660; Pub. L. 97–455, § 7(c), Jan. 12, 1983, 96 Stat. 2501; Pub. L. 98–21, title I, §§ 111(a)(7), 113(d), 114(a)–(c)(1), 131(a)(1)–(3)(G), (b)(1)–(3)(F), (c), 132(a), 133(a), (b), 134(a), (b), title II, § 201(b), (c)(1)(A), title III, §§ 301(a), (b), 302, 306(a), (b), (d)–(h), 307(a), 309(a)–(e), 334(a), 337(a), 339(a), 340(a), (b), Apr. 20, 1983, 97 Stat. 72, 79, 92, 93, 95–98, 108, 111–116, 130, 131, 133–135; Pub. L. 98–369, div. B, title VI, §§ 2661(b)–(f), 2662(c)(1), 2663(a)(2), July 18, 1984, 98 Stat. 1156, 1159, 1160; Pub. L. 99–272, title XII, §§ 12104(a), 12107(a), Apr. 7, 1986, 100 Stat. 285, 286; Pub. L. 99–514, title XVIII, § 1883(a)(1)–(3), Oct. 22, 1986, 100 Stat. 2916; Pub. L. 100–203, title IX, §§ 9007(a)–(e), 9010(b)–(d), Dec. 22, 1987, 101 Stat. 1330–289 to 1330–293; Pub. L. 100–647, title VIII, §§ 8004(a), (b), 8007(b), 8010(a), (b), 8014(a), Nov. 10, 1988, 102 Stat. 3780, 3782, 3788, 3790; Pub. L. 101–239, title X, §§ 10203(a), 10301(a), (b), 10302(a)(1), Dec. 19, 1989, 103 Stat. 2473, 2481; Pub. L. 101–508, title V, §§ 5103(c)(2)(A), (B), (d), 5116(a), Nov. 5, 1990, 104 Stat. 1388–252, 1388–253, 1388–274; Pub. L. 101–649, title VI, § 603(b)(5), Nov. 29, 1990, 104 Stat. 5085; Pub. L. 102–40, title IV, § 402(d)(2), May 7, 1991, 105 Stat. 239; Pub. L. 102–54, § 13(q)(3)(C), June 13, 1991, 105 Stat. 279; Pub. L. 103–296, title I, § 107(a)(4), title III, §§ 308(a), 321(a)(2)–(5), (b)(1), (c)(2), Aug. 15, 1994, 108 Stat. 1478, 1522, 1535–1538; Pub. L. 103–387, § 4(a), Oct. 22, 1994, 108 Stat. 4076; Pub. L. 104–121, title I, § 104(a)(1), (b)(1), (2), Mar. 29, 1996, 110 Stat. 851, 852; Pub. L. 104–208, div. C, title III, § 308(g)(1), title V, § 503(a), Sept. 30, 1996, 110 Stat. 3009–622, 3009–671; Pub. L. 106–169, title II, § 207(b), Dec. 14, 1999, 113 Stat. 1838; Pub. L. 106–170, title IV, § 402(a)(1), (b)(1), (d)(1), (2), 113 Stat. 1907–1909; Pub. L. 106–182, § 4(b), Apr. 7, 2000, 114 Stat. 199; Pub. L. 108–203, title II, § 203(a), title IV, §§ 412(a), (b), 418(a)–(b)(4)(B)(vi), (5), 420A(a), Mar. 2, 2004, 118 Stat. 509, 527, 528, 531–533, 535; Pub. L. 113–67, div. A, title II, § 204(a)(1), (b)(1), Dec. 26, 2013, 127 Stat. 1179, 1180; Pub. L. 113–270, §§ 3, 4, Dec. 18, 2014, 128 Stat. 2948, 2949; Pub. L. 114–74, title VIII, § 831(a)(1), (2), (b)(1), (2), Nov. 2, 2015, 129 Stat. 611–613; Pub. L. 118–273, §§ 2, 3(b), Jan. 5, 2025, 138 Stat. 3232.)

history & why it existsrecord from the source credit

1935Enacted · Act of Aug. 14, 1935, ch. 531 · 49 Stat. 623
1939Amended · Act of Aug. 10, 1939, ch. 666 · 53 Stat. 1362, 1363
1946Amended · Act of Aug. 10, 1946, ch. 951 · 60 Stat. 986, 987
1950Amended · Act of Aug. 28, 1950, ch. 809 · 64 Stat. 482
1953Amended · Act of Aug. 14, 1953, ch. 483 · 67 Stat. 580
1954Amended · Act of Sept. 1, 1954, ch. 1206 · 68 Stat. 1073, 1079, 1083, 1085
1955Amended · Act of Aug. 9, 1955, ch. 685 · 69 Stat. 621
1956Amended · Act of Aug. 1, 1956, ch. 836 · 70 Stat. 807, 810
1956Amended · Act of Aug. 1, 1956, ch. 837 · 70 Stat. 871, 876
1957Amended · Pub. L. 85-238 · 71 Stat. 518
1958Amended · Pub. L. 85-798 · 72 Stat. 964
1958Amended · Pub. L. 85-840 · 72 Stat. 1017, 1021
1958Amended · Pub. L. 85-857 · 72 Stat. 1265
1958Amended · Pub. L. 85-927 · 72 Stat. 1783
1959Amended · Pub. L. 86-70 · 73 Stat. 149
1960Amended · Pub. L. 86-624 · 74 Stat. 420
1960Amended · Pub. L. 86-778 · 74 Stat. 936, 937, 946, 947, 949, 952, 957
1961Amended · Pub. L. 87-64 · 75 Stat. 131, 134
1965Amended · Pub. L. 89-97 · 79 Stat. 334, 367
1968Amended · Pub. L. 90-248 · 81 Stat. 828
1969Amended · Pub. L. 91-172 · 83 Stat. 741
1971Amended · Pub. L. 92-223 · 85 Stat. 802
1972Amended · Pub. L. 92-603 · 86 Stat. 1335, 1336, 1338
1973Amended · Pub. L. 93-66 · 87 Stat. 161
1973Amended · Pub. L. 93-233 · 87 Stat. 947, 948, 967
1974Amended · Pub. L. 93-445 · 88 Stat. 1357
1977Amended · Pub. L. 95-216 · 91 Stat. 1527
1978Amended · Pub. L. 95-600 · 92 Stat. 2942
1980Amended · Pub. L. 96-265 · 94 Stat. 451, 452, 457
1980Amended · Pub. L. 96-473 · 94 Stat. 2265
1980Amended · Pub. L. 96-499 · 94 Stat. 2655
1981Amended · Pub. L. 97-35 · 95 Stat. 831
1981Amended · Pub. L. 97-123 · 95 Stat. 1660
1983Amended · Pub. L. 97-455 · 96 Stat. 2501
1983Amended · Pub. L. 98-21 · 97 Stat. 72, 79, 92, 93, 95
1984Amended · Pub. L. 98-369 · 98 Stat. 1156, 1159, 1160
1986Amended · Pub. L. 99-272 · 100 Stat. 285, 286
1986Amended · Pub. L. 99-514 · 100 Stat. 2916
1987Amended · Pub. L. 100-203 · 101 Stat. 1330
1988Amended · Pub. L. 100-647 · 102 Stat. 3780, 3782, 3788, 3790
1989Amended · Pub. L. 101-239 · 103 Stat. 2473, 2481
1990Amended · Pub. L. 101-508 · 104 Stat. 1388
1990Amended · Pub. L. 101-649 · 104 Stat. 5085
1991Amended · Pub. L. 102-40 · 105 Stat. 239
1991Amended · Pub. L. 102-54 · 105 Stat. 279
1994Amended · Pub. L. 103-296 · 108 Stat. 1478, 1522, 1535
1994Amended · Pub. L. 103-387 · 108 Stat. 4076
1996Amended · Pub. L. 104-121 · 110 Stat. 851, 852
1996Amended · Pub. L. 104-208 · 110 Stat. 3009
1999Amended · Pub. L. 106-169 · 113 Stat. 1838
—Amended · Pub. L. 106-170 · 113 Stat. 1907
2000Amended · Pub. L. 106-182 · 114 Stat. 199
2004Amended · Pub. L. 108-203 · 118 Stat. 509, 527, 528, 531
2013Amended · Pub. L. 113-67 · 127 Stat. 1179, 1180
2014Amended · Pub. L. 113-270 · 128 Stat. 2948, 2949
2015Amended · Pub. L. 114-74 · 129 Stat. 611
2025Amended · Pub. L. 118-273 · 138 Stat. 3232

A history note hasn’t been published yet. The record shows enactment by ch. 531 on 1935-08-14.

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