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42 U.S.C. § 909Delivery of benefit checks

submitted 91 years ago by Pub. L. 95-216 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 258 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section moves certain Social Security benefit-check delivery dates earlier when the regular date is a weekend or legal holiday. It prevents recovery of certain resulting overpayments and treats early delivery as occurring on the regular date for specified fund-ratio calculations.

(a) If the regular delivery day for a benefit check under subchapter II, VIII, or XVI is a Saturday, Sunday, or legal public holiday under title 5 section 6103, the check must be mailed for delivery on the first earlier nonweekend, nonholiday day, even if this is before the month ends. (b) If this early delivery causes an excess payment for the month, no action under section 404, section 1383(b), or otherwise may recover it or the incorrect part. (c) For calculating the OASDI trust fund ratio under section 401(l), OASDI fund ratio under section 415(i), and balance ratio under section 910(b), early delivery is treated as delivery on the regular date.
the actual law source: uscode.house.gov ↗public domain
(a) Saturdays, Sundays, and holidays

If the day regularly designated for the delivery of benefit checks under subchapter II, VIII, or XVI falls on a Saturday, Sunday, or legal public holiday (as defined in section 6103 of title 5) in any month, the benefit checks which would otherwise be delivered on such day shall be mailed for delivery on the first day preceding such day which is not a Saturday, Sunday, or legal public holiday (as so defined), without regard to whether the delivery of such checks would as a result have to be made before the end of the month for which such checks are issued.

(b) Recovery of overpayments

If more than the correct amount of payment under subchapter II, VIII, or XVI is made to any individual as a result of the receipt of a benefit check pursuant to subsection (a) before the end of the month for which such check is issued, no action shall be taken (under section 404 or 1383(b) of this title or otherwise) to recover such payment or the incorrect portion thereof.

(c) Early delivery

For purposes of computing the “OASDI trust fund ratio” under section 401(l) of this title, the “OASDI fund ratio” under section 415(i) of this title, and the “balance ratio” under section 910(b) of this title, benefit checks delivered before the end of the month for which they are issued by reason of subsection (a) of this section shall be deemed to have been delivered on the regularly designated delivery date.

Source credit: (Aug. 14, 1935, ch. 531, title VII, § 708, as added Pub. L. 95–216, title III, § 333(a), Dec. 20, 1977, 91 Stat. 1543; amended Pub. L. 99–272, title XII, § 12111(a), Apr. 7, 1986, 100 Stat. 287; Pub. L. 106–169, title II, § 251(b)(5), Dec. 14, 1999, 113 Stat. 1855.)

history & why it existsrecord from the source credit
  • 1935Enacted · Pub. L. 95-216 · 91 Stat. 1543
  • 1986Amended · Pub. L. 99-272 · 100 Stat. 287
  • 1999Amended · Pub. L. 106-169 · 113 Stat. 1855

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-216 on 1935-08-14.

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