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42 U.S.C. § 430Adjustment of contribution and benefit base

submitted 91 years ago by Pub. L. 92-336 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 707 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law tells Social Security how to update the yearly wage limit for taxes and benefits. Each year the Commissioner recalculates this base after benefits rise for cost-of-living. Fixed dollar amounts applied to certain earlier years before this formula started.

(a) Whenever the Commissioner of Social Security raises benefits under section 415(i) because of a cost-of-living increase, effective the following December, the Commissioner must also calculate and publish — in the Federal Register, by November 1 of that same calendar year — the new "contribution and benefit base" described in (b) or (c). That new base applies to wages paid, and tax years beginning, after that calendar year. (b) The new base is whichever is larger: the base already in effect, or the result of this formula. Start with $60,600. Multiply it by the national average wage index for the year before the year the determination is made, divided by the national average wage index for 1992. If that result isn't a multiple of $300, round it: round up to the next $300 if it's a multiple of $150 but not $300; otherwise round to the nearest $300. (c) Before the very first cost-of-living benefit increase took effect, the base wasn't set by the (b) formula — it was fixed directly by law: - For each year after 1973, and before the calendar year containing the first section 415(i) benefit increase, the base was $13,200 (or a different amount if a later law set one). - The base was $17,700 for 1978, $22,900 for 1979, $25,900 for 1980, and $29,700 for 1981. For purposes of calculating the base for 1982 and later years under (b), these fixed 1978-1981 dollar amounts are treated as though they had actually resulted from applying the (b) formula. (d) For calendar years after 1976, when this base is used to figure a limit under a pension-plan guarantee law (title 29, section 1322(b)(3)(B)), it is calculated using the version of this section that existed right before the Social Security Amendments of 1977 took effect — but with these substitutions: the base figure in that old law's paragraph (1) is replaced with $45,000; every reference in that old law's paragraph (2) to "the average of the wages of all employees" is replaced with the "national average wage index"; the reference to a "preceding calendar year" is replaced with the year before the year the (a) determination is made; and the reference to a base calendar year is replaced with 1992.
the actual law source: uscode.house.gov ↗public domain
(a) Determination and publication by Commissioner in Federal Register subsequent to cost-of-living benefit increase; effective date

Whenever the Commissioner of Social Security pursuant to section 415(i) of this title increases benefits effective with the December following a cost-of-living computation quarter, the Commissioner shall also determine and publish in the Federal Register on or before November 1 of the calendar year in which such quarter occurs the contribution and benefit base determined under subsection (b) or (c) which shall be effective with respect to remuneration paid after the calendar year in which such quarter occurs and taxable years beginning after such year.

(b) Determination of amount

The amount of such contribution and benefit base shall (subject to subsection (c)) be the amount of the contribution and benefit base in effect in the year in which the determination is made or, if larger, the product of—

(1)

$60,600, and

(2)

the ratio of (A) the national average wage index (as defined in section 409(k)(1) of this title) for the calendar year before the calendar year in which the determination under subsection (a) is made to (B) the national average wage index (as so defined) for 1992,

with such product, if not a multiple of $300, being rounded to the next higher multiple of $300 where such product is a multiple of $150 but not of $300 and to the nearest multiple of $300 in any other case.

(c) Amount of base for period prior to initial cost-of-living benefit increase

For purposes of this section, and for purposes of determining wages and self-employment income under sections 409, 411, 413, and 415 of this title and sections 1402, 3121, 3122, 3125, 6413, and 6654 of the Internal Revenue Code of 1986, (1) the “contribution and benefit base” with respect to remuneration paid in (and taxable years beginning in) any calendar year after 1973 and prior to the calendar year with the June of which the first increase in benefits pursuant to section 415(i) of this title becomes effective shall be $13,200 or (if applicable) such other amount as may be specified in a law enacted subsequent to the law which added this section, and (2) the “contribution and benefit base” with respect to remuneration paid (and taxable years beginning)—

(A)

in 1978 shall be $17,700,

(B)

in 1979 shall be $22,900,

(C)

in 1980 shall be $25,900, and

(D)

in 1981 shall be $29,700.

For purposes of determining under subsection (b) the “contribution and benefit base” with respect to remuneration paid (and taxable years beginning) in 1982 and subsequent years, the dollar amounts specified in clause (2) of the preceding sentence shall be considered to have resulted from the application of such subsection (b) and to be the amount determined (with respect to the years involved) under that subsection.

(d) Determinations for calendar years after 1976 for purposes of retirement benefit plans

Notwithstanding any other provision of law, the contribution and benefit base determined under this section for any calendar year after 1976 for purposes of section 1322(b)(3)(B) of title 29, with respect to any plan, shall be the contribution and benefit base that would have been determined for such year if this section as in effect immediately prior to the enactment of the Social Security Amendments of 1977 had remained in effect without change (except that, for purposes of subsection (b) of such section 430 of this title as so in effect, the reference to the contribution and benefit base in paragraph (1) of such subsection (b) shall be deemed a reference to an amount equal to $45,000, each reference in paragraph (2) of such subsection (b) to the average of the wages of all employees as reported to the Secretary of the Treasury shall be deemed a reference to the national average wage index (as defined in section 409(k)(1) of this title), the reference to a preceding calendar year in paragraph (2)(A) of such subsection (b) shall be deemed a reference to the calendar year before the calendar year in which the determination under subsection (a) of such section 430 of this title is made, and the reference to a calendar year in paragraph (2)(B) of such subsection (b) shall be deemed a reference to 1992).

Source credit: (Aug. 14, 1935, ch. 531, title II, § 230, as added Pub. L. 92–336, title II, § 202(b)(1), July 1, 1972, 86 Stat. 416; amended Pub. L. 92–603, title I, § 144(a)(4), Oct. 30, 1972, 86 Stat. 1370; Pub. L. 93–66, title II, § 203(c), July 9, 1973, 87 Stat. 153; Pub. L. 93–233, §§ 3(j), 5(c), Dec. 31, 1973, 87 Stat. 952, 954; Pub. L. 94–202, § 8(h), Jan. 2, 1976, 89 Stat. 1139; Pub. L. 95–216, title I, § 103(a)–(c)(1), title III, § 353(e), Dec. 20, 1977, 91 Stat. 1513, 1514, 1554; Pub. L. 97–34, title VII, § 741(d)(1), Aug. 13, 1981, 95 Stat. 347; Pub. L. 98–21, title I, § 111(a)(5), Apr. 20, 1983, 97 Stat. 72; Pub. L. 98–76, title II, §§ 211(d), 225(a)(4), Aug. 12, 1983, 97 Stat. 419, 425; Pub. L. 98–369, div. B, title VI, § 2663(a)(18), July 18, 1984, 98 Stat. 1165; Pub. L. 101–239, title X, § 10208(b)(1)(A), (B), (5), (d)(2)(A)(i), Dec. 19, 1989, 103 Stat. 2477, 2478, 2480; Pub. L. 103–296, title I, § 107(a)(4), title III, § 321(b)(2), (c)(6)(K), (g)(1)(A), (B), Aug. 15, 1994, 108 Stat. 1478, 1537, 1538, 1542.)

history & why it existsrecord from the source credit
  • 1935Enacted · Pub. L. 92-336 · 86 Stat. 416
  • 1972Amended · Pub. L. 92-603 · 86 Stat. 1370
  • 1973Amended · Pub. L. 93-66 · 87 Stat. 153
  • 1973Amended · Pub. L. 93-233 · 87 Stat. 952, 954
  • 1976Amended · Pub. L. 94-202 · 89 Stat. 1139
  • 1977Amended · Pub. L. 95-216 · 91 Stat. 1513, 1514, 1554
  • 1981Amended · Pub. L. 97-34 · 95 Stat. 347
  • 1983Amended · Pub. L. 98-21 · 97 Stat. 72
  • 1983Amended · Pub. L. 98-76 · 97 Stat. 419, 425
  • 1984Amended · Pub. L. 98-369 · 98 Stat. 1165
  • 1989Amended · Pub. L. 101-239 · 103 Stat. 2477, 2478, 2480
  • 1994Amended · Pub. L. 103-296 · 108 Stat. 1478, 1537, 1538, 1542

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-336 on 1935-08-14.

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