42 U.S.C. § 427 — Transitional insured status for purposes of old-age and survivors benefits

(a) Determination of entitlement to benefits under section 402(a) to (c) This subsection helps certain people qualify for old-age benefits. It applies to anyone who turned 72 before 1969 but does not have the 6 quarters of coverage that section 414(a) normally requires. For these people, only 3 quarters of coverage are needed instead of 6. This applies to the individual's own old-age benefit under section 402(a). It also applies to that person's spouse under section 402(b) or 402(c) — but only if the spouse also turned 72 before 1969. The spouse's reduced requirement counts only for spouse's benefits starting the month the spouse turns 72. For every month before the person meets the normal 6-quarter requirement of section 414(a), the old-age benefit is set at a fixed floor instead of the usual formula in section 402(a). The benefit is the larger of two numbers: $64.40, or the highest amount the Commissioner has since set under section 415(i) to replace that figure. The spouse's benefit for those same months works the same way, but with a $32.20 floor instead of $64.40 — again, whichever of the two numbers is larger. (b) Determination of entitlement to surviving spouse's benefits under section 402(e) or (f) This subsection covers survivor benefits. It applies when a worker has died, the worker does not meet the 6-quarter requirement of section 414(a), and the worker's surviving spouse turns 72 before 1969. Instead of the usual 6 quarters of coverage, the surviving spouse's benefit under section 402(e) or 402(f) needs only: - 3 quarters of coverage, if the surviving spouse turns 72 in 1966 or earlier; - 4 quarters of coverage, if the surviving spouse turns 72 in 1967; - 5 quarters of coverage, if the surviving spouse turns 72 in 1968. The monthly survivor benefit is set at a floor: the larger of $64.40, or the amount most recently set under section 415(i) in place of that figure. (c) Deceased individual entitled to benefits by reason of subsection (a) deemed to meet requirements of subsection (b) This subsection connects subsections (a) and (b). Suppose a worker qualified — or would have qualified had they applied — for old-age benefits under section 402(a) only because of the reduced-quarters rule in subsection (a). If that worker then dies, and the surviving spouse turns 72 before 1969, the law treats the worker as if they had met subsection (b)'s requirement too. This lets the surviving spouse qualify for survivor benefits under section 402(e) or 402(f).