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42 U.S.C. § 414Insured status for purposes of old-age and survivors insurance benefits

submitted 91 years ago by ch. 531 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 447 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law defines who counts as 'fully insured' or 'currently insured' for Social Security old-age and survivors benefits. It sets rules based on how many 'quarters of coverage' a person earned. Non-citizens must also meet extra requirements about their Social Security number or immigration status.

This section defines two terms used elsewhere in this part of the law (this "subchapter") about old-age and survivors insurance: "fully insured individual" and "currently insured individual." Both definitions are built around a term this section itself does not define: "quarter of coverage." (a) "Fully insured individual" defined A person counts as a "fully insured individual" if they meet at least one of these three tests: (1) They earned at least one quarter of coverage for every calendar year that passed after 1950 (or after the year they turned 21, if that's later) and before the year they died, or before the year they turned 62, whichever came first. But no one counts as fully insured under this test unless they earned at least 6 quarters of coverage total. (2) They earned 40 quarters of coverage; or (3) If the person died before 1951, they earned 6 quarters of coverage. When counting the years that "elapsed" for test (1), skip any year that included any part of a "period of disability," as that term is defined in section 416(i) of this title. A person must also meet the citizenship or immigration criterion in (c) below to qualify under any of these three tests. (b) "Currently insured individual" defined A person counts as a "currently insured individual" if they earned at least six quarters of coverage during the 13-quarter period ending with whichever of these applies: (1) the quarter they died, (2) the quarter they became entitled to old-age insurance benefits, (3) the quarter they became entitled to "primary insurance benefits" under the rules of this subchapter as they existed before August 28, 1950, or (4) for someone entitled to disability insurance benefits, the quarter they most recently became entitled to those disability benefits. When counting this 13-quarter period, skip any quarter that included part of a period of disability, unless that quarter still counts as a quarter of coverage on its own. A person must also meet the criterion in (c) below. (c) Criterion described This criterion applies to a person under (a) and (b) only if the person is not a United States citizen or national. Such a person meets the criterion if either: (1) they were assigned a Social Security account number that satisfied the requirements of subclause (I) or (III) of section 405(c)(2)(B)(i) of this title, either when they were assigned the number or at any later time; or (2) at the time they earned the quarters of coverage being counted— (A) they fit the description in subparagraph (B) or (D) of section 1101(a)(15) of title 8, (B) they were lawfully admitted to the United States temporarily for business (if they fit subparagraph (B)) or to work as a crewman (if they fit subparagraph (D)), and (C) the business they engaged in, or the crewman service they performed, stayed within the scope of what their admission to the United States allowed.
the actual law source: uscode.house.gov ↗public domain

For the purposes of this subchapter—

(a) “Fully insured individual” defined

The term “fully insured individual” means any individual who had not less than—

(1)

one quarter of coverage (whenever acquired) for each calendar year elapsing after 1950 (or, if later, the year in which he attained age 21) and before the year in which he died or (if earlier) the year in which he attained age 62, except that in no case shall an individual be a fully insured individual unless he has at least 6 quarters of coverage; or

(2)

40 quarters of coverage; or

(3)

in the case of an individual who died before 1951, 6 quarters of coverage;

not counting as an elapsed year for purposes of paragraph (1) any year any part of which was included in a period of disability (as defined in section 416(i) of this title), and who satisfies the criterion specified in subsection (c).

(b) “Currently insured individual” defined

The term “currently insured individual” means any individual who had not less than six quarters of coverage during the thirteen-quarter period ending with (1) the quarter in which he died, (2) the quarter in which he became entitled to old-age insurance benefits, (3) the quarter in which he became entitled to primary insurance benefits under this subchapter as in effect prior to August 28, 1950, or (4) in the case of any individual entitled to disability insurance benefits, the quarter in which he most recently became entitled to disability insurance benefits, not counting as part of such thirteen-quarter period any quarter any part of which was included in a period of disability unless such quarter was a quarter of coverage, and who satisfies the criterion specified in subsection (c).

(c) Criterion described

For purposes of subsections (a) and (b), the criterion specified in this subsection is that the individual, if not a United States citizen or national—

(1)

has been assigned a social security account number that was, at the time of assignment, or at any later time, consistent with the requirements of subclause (I) or (III) of section 405(c)(2)(B)(i) of this title; or

(2)

at the time any such quarters of coverage are earned—

(A)

is described in subparagraph (B) or (D) of section 1101(a)(15) of title 8,

(B)

is lawfully admitted temporarily to the United States for business (in the case of an individual described in such subparagraph (B)) or the performance as a crewman (in the case of an individual described in such subparagraph (D)), and

(C)

the business engaged in or service as a crewman performed is within the scope of the terms of such individual’s admission to the United States.

Source credit: (Aug. 14, 1935, ch. 531, title II, § 214, as added Aug. 28, 1950, ch. 809, title I, § 104(a), 64 Stat. 492, 505; amended July 18, 1952, ch. 945, § 3(b), 66 Stat. 770; Sept. 1, 1954, ch. 1206, title I, §§ 106(b), 108(a), 68 Stat. 1079, 1083; Aug. 1, 1956, ch. 836, title I, § 108, 70 Stat. 830; Pub. L. 85–840, title II, § 205(l), Aug. 28, 1958, 72 Stat. 1025; Pub. L. 86–778, title II, § 204(a), Sept. 13, 1960, 74 Stat. 948; Pub. L. 87–64, title I, § 103(a), June 30, 1961, 75 Stat. 137; Pub. L. 92–603, title I, § 104(a), Oct. 30, 1972, 86 Stat. 1340; Pub. L. 108–203, title II, § 211(a), Mar. 2, 2004, 118 Stat. 518.)

history & why it existsrecord from the source credit
  • 1935Enacted · Act of Aug. 14, 1935, ch. 531 · 64 Stat. 492, 505
  • 1952Amended · Act of July 18, 1952, ch. 945 · 66 Stat. 770
  • 1954Amended · Act of Sept. 1, 1954, ch. 1206 · 68 Stat. 1079, 1083
  • 1956Amended · Act of Aug. 1, 1956, ch. 836 · 70 Stat. 830
  • 1958Amended · Pub. L. 85-840 · 72 Stat. 1025
  • 1960Amended · Pub. L. 86-778 · 74 Stat. 948
  • 1961Amended · Pub. L. 87-64 · 75 Stat. 137
  • 1972Amended · Pub. L. 92-603 · 86 Stat. 1340
  • 2004Amended · Pub. L. 108-203 · 118 Stat. 518

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

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