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42 U.S.C. § 413Quarter and quarter of coverage

submitted 91 years ago by ch. 531 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,719 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law defines "quarter of coverage" for Social Security purposes. A quarter of coverage requires a minimum amount of wages or self-employment income. The Commissioner of Social Security updates that minimum amount every year.

(a) Definitions. (1) "Quarter" and "calendar quarter" mean a three-calendar-month period ending March 31, June 30, September 30, or December 31. (2)(A) "Quarter of coverage" means (i) for calendar years before 1978, subject to subparagraph (B), a quarter in which a person was paid $50 or more in wages (except farm-labor wages paid after 1954), or was credited (under section 412) with $100 or more of self-employment income; and (ii) for calendar years after 1977, subject to subparagraph (B), each portion of a person's yearly wages plus credited self-employment income that equals the amount required for a quarter of coverage that year (set under subsection (d)) — assigned to a specific calendar quarter only when necessary to meet the insured-status rules in section 414(a) or (b), the rules for a benefit computation or recomputation, or section 416(i)(3), for someone who has turned 62, died, or become disabled. (B) Despite subparagraph (A): (i) no quarter after the one in which a person dies counts as a quarter of coverage, and no quarter within a period of disability counts except the first and last such quarter; (ii) if a person's yearly wages reach a set ceiling — which rises over time, from $3,000 before 1951 up to the "contribution and benefit base" set under section 430 for years after 1974 — every quarter of that year counts as a quarter of coverage; (iii) the same rule applies, using matching thresholds, when self-employment income plus wages for a tax year reach the ceiling; (iv) special step-up rules apply to farm-labor wages paid in a calendar year after 1954 and before 1978 — depending on whether such wages reach $100, $200, $300, or $400, the last one, two, three, or all four quarters of that year (that are not already quarters of coverage) become quarters of coverage; (v) no quarter can be counted as a quarter of coverage before that quarter begins; (vi) no more than one quarter of coverage may be credited to any single calendar quarter; and (vii) no more than four quarters of coverage may be credited to any calendar year after 1977. If applying clause (iv)'s farm-wage rule still leaves someone short of the insured-status or benefit-computation requirements, but assigning those quarters of coverage to different quarters in the same year would satisfy them, the law allows that reassignment — solely to determine whether those requirements are met. And for a person who did not die before January 1, 1955 and who turned 62 (if a woman), turned 65 (if a man), or died before July 1, 1957, if they fall short of the insured-status requirement in section 414(a)(3) only because of how their first year of covered wages was counted, they (or their survivors) may apply, with satisfactory proof, to have that year's quarters of coverage figured based on when the wages were earned rather than when they were paid — though wages recounted this way are not used again to figure quarters of coverage for later years. (b) Crediting of wages paid in 1937: For wages paid in the six-month periods starting January 1, 1937 or July 1, 1937: (A) if at least $100 was paid in a period, half of that total is treated as paid in each of that period's two calendar quarters; and (B) if less than $100 was paid in a period, the full amount is treated as paid in the later quarter of that period — except that if the person turned 65 during that period, all wages paid in it are treated as paid before they turned 65. (c) Alternative method for determining quarters of coverage with respect to wages in period from 1937 to 1950: For sections 414(a) and 415(d), a person is treated as having one quarter of coverage for every $400 of their total pre-1951 wages (as defined in section 415(d)(1)(C)) — except where that method, combined with quarters of coverage earned from wages and self-employment income after 1950, still does not make the person "fully insured." (d) Amount required for a quarter of coverage. (1) The amount of wages and self-employment income someone needs to be credited with a quarter of coverage under subsection (a)(2)(A)(ii) is $250 for calendar year 1978, and whatever paragraph (2) determines for later years. (2) On or before November 1 of 1978 and every year after, the Commissioner of Social Security must determine and publish in the Federal Register the amount of wages and self-employment income needed for a quarter of coverage in the next calendar year. That amount is the larger of (A) the amount already in effect for the year the determination is made, or (B) the 1978 amount from paragraph (1) multiplied by the ratio of the national average wage index (as defined in section 409(k)(1)) for the year before the determination to that index for 1976 — with the result rounded up to the next $10 if it is a multiple of $5 but not $10, and rounded to the nearest $10 otherwise.
the actual law source: uscode.house.gov ↗public domain
(a) Definitions

For the purposes of this subchapter—

(1)

The term “quarter”, and the term “calendar quarter”, mean a period of three calendar months ending on March 31, June 30, September 30, or December 31.

(2)
(A)

The term “quarter of coverage” means—

(i)

for calendar years before 1978, and subject to the provisions of subparagraph (B), a quarter in which an individual has been paid $50 or more in wages (except wages for agricultural labor paid after 1954) or for which he has been credited (as determined under section 412 of this title) with $100 or more of self-employment income; and

(ii)

for calendar years after 1977, and subject to the provisions of subparagraph (B), each portion of the total of the wages paid and the self-employment income credited (pursuant to section 412 of this title) to an individual in a calendar year which equals the amount required for a quarter of coverage in that calendar year (as determined under subsection (d)), with such quarter of coverage being assigned to a specific calendar quarter in such calendar year only if necessary in the case of any individual who has attained age 62 or died or is under a disability and the requirements for insured status in subsection (a) or (b) of section 414 of this title, the requirements for entitlement to a computation or recomputation of his primary insurance amount, or the requirements of paragraph (3) of section 416(i) of this title would not otherwise be met.

(B)

Notwithstanding the provisions of subparagraph (A)—

(i)

no quarter after the quarter in which an individual dies shall be a quarter of coverage, and no quarter any part of which is included in a period of disability (other than the initial quarter and the last quarter of such period) shall be a quarter of coverage;

(ii)

if the wages paid to an individual in any calendar year equal $3,000 in the case of a calendar year before 1951, or $3,600 in the case of a calendar year after 1950 and before 1955, or $4,200 in the case of a calendar year after 1954 and before 1959, or $4,800 in the case of a calendar year after 1958 and before 1966, or $6,600 in the case of a calendar year after 1965 and before 1968, or $7,800 in the case of a calendar year after 1967 and before 1972, or $9,000 in the case of the calendar year 1972, or $10,800 in the case of the calendar year 1973, or $13,200 in the case of the calendar year 1974, or an amount equal to the contribution and benefit base (as determined under section 430 of this title) in the case of any calendar year after 1974 and before 1978 with respect to which such contribution and benefit base is effective, each quarter of such year shall (subject to clauses (i) and (v)) be a quarter of coverage;

(iii)

if an individual has self-employment income for a taxable year, and if the sum of such income and the wages paid to him during such year equals $3,600 in the case of a taxable year beginning after 1950 and ending before 1955, or $4,200 in the case of a taxable year ending after 1954 and before 1959, or $4,800 in the case of a taxable year ending after 1958 and before 1966, or $6,600 in the case of a taxable year ending after 1965 and before 1968, or $7,800 in the case of a taxable year ending after 1967 and before 1972, or $9,000 in the case of a taxable year beginning after 1971 and before 1973, or $10,800 in the case of a taxable year beginning after 1972 and before 1974, or $13,200 in the case of a taxable year beginning after 1973 and before 1975, or an amount equal to the contribution and benefit base (as determined under section 430 of this title) which is effective for the calendar year in the case of any taxable year beginning in any calendar year after 1974 and before 1978, each quarter any part of which falls in such year shall (subject to clauses (i) and (v)) be a quarter of coverage;

(iv)

if an individual is paid wages for agricultural labor in a calendar year after 1954 and before 1978, then, subject to clauses (i) and (v), (I) the last quarter of such year which can be but is not otherwise a quarter of coverage shall be a quarter of coverage if such wages equal or exceed $100 but are less than $200; (II) the last two quarters of such year which can be but are not otherwise quarters of coverage shall be quarters of coverage if such wages equal or exceed $200 but are less than $300; (III) the last three quarters of such year which can be but are not otherwise quarters of coverage shall be quarters of coverage if such wages equal or exceed $300 but are less than $400; and (IV) each quarter of such year which is not otherwise a quarter of coverage shall be a quarter of coverage if such wages are $400 or more;

(v)

no quarter shall be counted as a quarter of coverage prior to the beginning of such quarter;

(vi)

not more than one quarter of coverage may be credited to a calendar quarter; and

(vii)

no more than four quarters of coverage may be credited to any calendar year after 1977.

If in the case of an individual who has attained age 62 or died or is under a disability and who has been paid wages for agricultural labor in a calendar year after 1954 and before 1978, the requirements for insured status in subsection (a) or (b) of section 414 of this title, the requirements for entitlement to a computation or recomputation of his primary insurance amount, or the requirements of paragraph (3) of section 416(i) of this title are not met after assignment of quarters of coverage to quarters in such year as provided in clause (iv) of the preceding sentence, but would be met if such quarters of coverage were assigned to different quarters in such year, then such quarters of coverage shall instead be assigned, for purposes only of determining compliance with such requirements, to such different quarters. If, in the case of an individual who did not die prior to January 1, 1955, and who attained age 62 (if a woman) or age 65 (if a man) or died before July 1, 1957, the requirements for insured status in section 414(a)(3) of this title are not met because of his having too few quarters of coverage but would be met if his quarters of coverage in the first calendar year in which he had any covered employment had been determined on the basis of the period during which wages were earned rather than on the basis of the period during which wages were paid (any such wages paid that are reallocated on an earned basis shall not be used in determining quarters of coverage for subsequent calendar years), then upon application filed by the individual or his survivors and satisfactory proof of his record of wages earned being furnished by such individual or his survivors, the quarters of coverage in such calendar year may be determined on the basis of the periods during which wages were earned.

(b) Crediting of wages paid in 1937

With respect to wages paid to an individual in the six-month periods commencing either January 1, 1937, or July 1, 1937; (A) if wages of not less than $100 were paid in any such period, one-half of the total amount thereof shall be deemed to have been paid in each of the calendar quarters in such period; and (B) if wages of less than $100 were paid in any such period, the total amount thereof shall be deemed to have been paid in the latter quarter of such period, except that if in any such period, the individual attained age sixty-five, all of the wages paid in such period shall be deemed to have been paid before such age was attained.

(c) Alternative method for determining quarters of coverage with respect to wages in period from 1937 to 1950

For purposes of sections 414(a) and 415(d) of this title, an individual shall be deemed to have one quarter of coverage for each $400 of his total wages prior to 1951 (as defined in section 415(d)(1)(C) of this title), except where such individual is not a fully insured individual on the basis of the number of quarters of coverage so derived plus the number of quarters of coverage derived from the wages and self-employment income credited to such individual for periods after 1950.

(d) Amount required for a quarter of coverage
(1)

The amount of wages and self-employment income which an individual must have in order to be credited with a quarter of coverage in any year under subsection (a)(2)(A)(ii) shall be $250 in the calendar year 1978 and the amount determined under paragraph (2) of this subsection for years after 1978.

(2)

The Commissioner of Social Security shall, on or before November 1 of 1978 and of every year thereafter, determine and publish in the Federal Register the amount of wages and self-employment income which an individual must have in order to be credited with a quarter of coverage in the succeeding calendar year. The amount required for a quarter of coverage shall be the larger of—

(A)

the amount in effect in the calendar year in which the determination under this subsection is made, or

(B)

the product of the amount prescribed in paragraph (1) which is required for a quarter of coverage in 1978 and the ratio of the national average wage index (as defined in section 409(k)(1) of this title) for the calendar year before the year in which the determination under this paragraph is made to the national average wage index (as so defined) for 1976,

with such product, if not a multiple of $10, being rounded to the next higher multiple of $10 where such amount is a multiple of $5 but not of $10 and to the nearest multiple of $10 in any other case.

Source credit: (Aug. 14, 1935, ch. 531, title II, § 213, as added Aug. 28, 1950, ch. 809, title I, § 104(a), 64 Stat. 492, 504; amended July 18, 1952, ch. 945, §§ 3(a), 66 Stat. 770; Sept. 1, 1954, ch. 1206, title I, §§ 104(c), 106(a), 108(b), 68 Stat. 1078, 1084; Aug. 1, 1956, ch. 836, title I, § 105(c), 70 Stat. 828; Pub. L. 85–840, title I, § 102(c), Aug. 28, 1958, 72 Stat. 1019; Pub. L. 86–442, § 3, Apr. 22, 1960, 74 Stat. 82; Pub. L. 86–778, title II, § 206(a), Sept. 13, 1960, 74 Stat. 949; Pub. L. 87–64, title I, § 102(c)(2)(A), (3)(B), June 30, 1961, 75 Stat. 134, 135; Pub. L. 89–97, title III, § 320(a)(3), July 30, 1965, 79 Stat. 393; Pub. L. 90–248, title I, §§ 108(a)(3), 155(b)(1), Jan. 2, 1968, 81 Stat. 834, 865; Pub. L. 92–5, title II, § 203(a)(3), Mar. 17, 1971, 85 Stat. 10; Pub. L. 92–336, title II, § 203(a)(3), July 1, 1972, 86 Stat. 418; Pub. L. 93–66, title II, § 203(a)(3), July 9, 1973, 87 Stat. 153; Pub. L. 93–233, § 5(a)(3), Dec. 31, 1973, 87 Stat. 953; Pub. L. 95–216, title III, §§ 351(c), 352(a), (b), Dec. 20, 1977, 91 Stat. 1550, 1552; Pub. L. 96–473, § 6(c), Oct. 19, 1980, 94 Stat. 2265; Pub. L. 98–369, div. B, title VI, § 2663(a)(9), July 18, 1984, 98 Stat. 1164; Pub. L. 101–239, title X, § 10208(b)(2)(A), (B), (d)(2)(A)(i), Dec. 19, 1989, 103 Stat. 2477, 2478, 2480; Pub. L. 101–508, title V, § 5117(c)(1), Nov. 5, 1990, 104 Stat. 1388–278; Pub. L. 103–296, title I, § 107(a)(4), title III, § 321(a)(15), (e)(2)(A), Aug. 15, 1994, 108 Stat. 1478, 1536, 1539.)

history & why it existsrecord from the source credit
  • 1935Enacted · Act of Aug. 14, 1935, ch. 531 · 64 Stat. 492, 504
  • 1952Amended · Act of July 18, 1952, ch. 945 · 66 Stat. 770
  • 1954Amended · Act of Sept. 1, 1954, ch. 1206 · 68 Stat. 1078, 1084
  • 1956Amended · Act of Aug. 1, 1956, ch. 836 · 70 Stat. 828
  • 1958Amended · Pub. L. 85-840 · 72 Stat. 1019
  • 1960Amended · Pub. L. 86-442 · 74 Stat. 82
  • 1960Amended · Pub. L. 86-778 · 74 Stat. 949
  • 1961Amended · Pub. L. 87-64 · 75 Stat. 134, 135
  • 1965Amended · Pub. L. 89-97 · 79 Stat. 393
  • 1968Amended · Pub. L. 90-248 · 81 Stat. 834, 865
  • 1971Amended · Pub. L. 92-5 · 85 Stat. 10
  • 1972Amended · Pub. L. 92-336 · 86 Stat. 418
  • 1973Amended · Pub. L. 93-66 · 87 Stat. 153
  • 1973Amended · Pub. L. 93-233 · 87 Stat. 953
  • 1977Amended · Pub. L. 95-216 · 91 Stat. 1550, 1552
  • 1980Amended · Pub. L. 96-473 · 94 Stat. 2265
  • 1984Amended · Pub. L. 98-369 · 98 Stat. 1164
  • 1989Amended · Pub. L. 101-239 · 103 Stat. 2477, 2478, 2480
  • 1990Amended · Pub. L. 101-508 · 104 Stat. 1388
  • 1994Amended · Pub. L. 103-296 · 108 Stat. 1478, 1536, 1539

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

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