42 U.S.C. § 429 — Benefits in case of members of uniformed services

submitted 91 years ago by Pub. L. 90-428 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 189 words · no verdicts yet

in plain englishAI-generated · not legal advice

Military service members get extra credited wages when Social Security calculates their benefits. For 1957 through 1977, each quarter of service adds $300 in credited wages. For 1978 through 2001, service adds $100 per $300 earned, capped at $1,200 a year.

This section boosts the Social Security wage record of people who served in the uniformed services. It applies when figuring out a monthly Social Security benefit for any month after December 1972, or a lump-sum death payment for a death after that month, based on the person's wages or self-employment income — and also for purposes of section 416(i)(3). It applies to anyone who was paid wages for service as a member of a uniformed service (as defined in section 410(m)), where those wages counted as "employment" under section 410(a) because of section 410(l)(1)(A). For such a person, the law adds extra, deemed wages on top of what they actually earned, in two ways: (1) For each calendar quarter after 1956 and before 1978 in which the person was paid these wages, add $300 in extra deemed wages for that quarter. (2) For each calendar year after 1977 and before 2002 in which the person was paid these wages, add $100 in extra deemed wages for every $300 of actual wages earned that year — up to a maximum of $1,200 in extra wages for that year.

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

For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 1972, or entitlement to and the amount of any lump-sum death payment in case of a death after such month, payable under this subchapter on the basis of the wages and self-employment income of any individual, and for purposes of section 416(i)(3) of this title, such individual, if he was paid wages for service as a member of a uniformed service (as defined in section 410(m) of this title) which was included in the term “employment” as defined in section 410(a) of this title as a result of the provisions of section 410(l)(1)(A) of this title, shall be deemed to have been paid—

(1)

in each calendar quarter occurring after 1956 and before 1978 in which he was paid such wages, additional wages of $300, and

(2)

in each calendar year occurring after 1977 and before 2002 in which he was paid such wages, additional wages of $100 for each $300 of such wages, up to a maximum of $1,200 of additional wages for any calendar year.

Source credit: (Aug. 14, 1935, ch. 531, title II, § 229, as added Pub. L. 90–428, title I, § 106, Jan. 2, 1968, 81 Stat. 833; amended Pub. L. 92–603, title I, § 120(a), Oct. 30, 1972, 86 Stat. 1352; Pub. L. 95–216, title III, § 353(d), Dec. 20, 1977, 91 Stat. 1554; Pub. L. 98–21, title I, § 151(b)(1), Apr. 20, 1983, 97 Stat. 104; Pub. L. 98–369, div. B, title VI, § 2661(n), July 18, 1984, 98 Stat. 1158; Pub. L. 100–203, title IX, § 9001(c), Dec. 22, 1987, 101 Stat. 1330–286; Pub. L. 103–296, title I, § 107(a)(4), title III, § 321(c)(6)(J), Aug. 15, 1994, 108 Stat. 1478, 1538; Pub. L. 108–203, title IV, § 420(b), Mar. 2, 2004, 118 Stat. 535.)

history & why it existsrecord from the source credit

1935Enacted · Pub. L. 90-428 · 81 Stat. 833
1972Amended · Pub. L. 92-603 · 86 Stat. 1352
1977Amended · Pub. L. 95-216 · 91 Stat. 1554
1983Amended · Pub. L. 98-21 · 97 Stat. 104
1984Amended · Pub. L. 98-369 · 98 Stat. 1158
1987Amended · Pub. L. 100-203 · 101 Stat. 1330
1994Amended · Pub. L. 103-296 · 108 Stat. 1478, 1538
2004Amended · Pub. L. 108-203 · 118 Stat. 535

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-428 on 1935-08-14.

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