r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE wiki — defined terms

“WTC Program” applies throughout its subchapter

The term “WTC Program” means the Word Trade Center Health Program established under section 300mm(a) of this title . (16);

“WTC Program Administrator” applies throughout its subchapter

The term “WTC Program Administrator” means— (i) subject to subparagraph (B), with respect to paragraphs (3) and (4) of section 300mm–21(a) of this title (relating to enrollment of WTC responders), section 300mm–22(c) of this title and the corresponding provisions of section 300mm–32 of this title (relating to payment for initial health evaluation, monitoring, and treatment, 1 paragraphs (1)(C), (2)(B), and (3) of section 300mm–31(a) of this title (relating to determination or certification of screening-eligible or certified-eligible WTC responders), and subpart 3 of part B (relating to payor provisions), an official in the Department of Health and Human Services, to be designated by the …

“WTC Scientific/Technical Advisory Committee” applies throughout its subchapter

The term “WTC Scientific/Technical Advisory Committee” means such Committee established under section 300mm–1(a) of this title .

“construction” applies throughout its subchapter

The term “construction” means construction of new buildings and initial equipment of such buildings and, in any case in which it will help to provide a service not previously provided in the community, equipment of any buildings; including architects’ fees, but excluding the cost of off-site improvements and, except with respect to public health centers, the cost of the acquisition of land.

“facility for long-term care” applies throughout its subchapter

The term “facility for long-term care” means a facility (including a skilled nursing or intermediate care facility) providing in-patient care for convalescent or chronic disease patients who required skilled nursing or intermediate care and related medical services— (A) which is a hospital (other than a hospital primarily for the care and treatment of mentally ill or tuberculous patients) or is operated in connection with a hospital, or (B) in which such care and medical services are prescribed by, or are performed under the general direction of, persons licensed to practice medicine or surgery in the State.;

“hospital” applies throughout its subchapter

The term “hospital” includes general, tuberculosis, and other types of hospitals, and related facilities, such as laboratories, outpatient departments, nurses’ home facilities, extended care facilities, facilities related to programs for home health services, self-care units, and central service facilities, operated in connection with hospitals, and also includes education or training facilities for health professonal 1 personnel operated as an integral part of a hospital, but does not include any hospital furnishing primarily domiciliary care.;

“medical facility” applies throughout its subchapter

The term “medical facility” means a hospital, public health center, outpatient medical facility, rehabilitation facility, facility for long-term care, or other facility (as may be designated by the Secretary) for the provision of health care to ambulatory patients.;

“medically underserved population” applies throughout its subchapter

The term “medically underserved population” means the population of an urban or rural area designated by the Secretary as an area with a shortage of health facilities or a population group designated by the Secretary as having a shortage of such facilities.

“modernization” applies throughout its subchapter

The term “modernization” includes the alteration, expansion, major repair (to the extent permitted by regulations), remodeling, replacement, and renovation of existing buildings (including initial equipment thereof), and the replacement of obsolete equipment of existing buildings.

“outpatient medical facility” applies throughout its subchapter

The term “outpatient medical facility” means a medical facility (located in or apart from a hospital) for the diagnosis or diagnosis and treatment of ambulatory patients (including ambulatory inpatients)— (A) which is operated in connection with a hospital, (B) in which patient care is under the professional supervision of persons licensed to practice medicine or surgery in the State, or in the case of dental diagnosis or treatment, under the professional supervision of persons licensed to practice dentistry in the State; or (C) which offers to patients not requiring hospitalization the services of licensed physicians in various medical specialties, and which provides to its patients a …

“public health center” applies throughout its subchapter

The term “public health center” means a publicly owned facility for the provision of public health services, including related publicly owned facilities such as laboratories, clinics, and administrative offices operated in connection with such a facility. (3) The term “nonprofit” as applied to any facility means a facility which is owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.;

“rehabilitation facility” applies throughout its subchapter

The term “rehabilitation facility” means a facility which is operated for the primary purpose of assisting in the rehabilitation of disabled persons through an integrated program of— (A) medical evaluation and services, and (B) psychological, social, or vocational evaluation and services, under competent professional supervision, and in the case of which the major portion of the required evaluation and services is furnished within the facility; and either the facility is operated in connection with a hospital, or all medical and related health services are prescribed by, or are under the general direction of, persons licensed to practice medicine or surgery in the State.;

“State Agency” applies throughout its subchapter

The term “State Agency” means the State health planning and development agency of a State designated under subchapter XIII. 3;

“urban or rural poverty area” applies throughout its subchapter

The term “urban or rural poverty area” means an urban or rural geographical area (as defined by the Secretary) in which a percentage (as defined by the Secretary in accordance with the next sentence) of the residents of the area have incomes below the poverty level (as defined by the Secretary of Commerce).

“hospital” applies throughout its part

the term “hospital” means, with respect to any fiscal year, an institution (including a distinct part of an institution participating in the programs established under title XVIII of the Social Security Act [ 42 U.S.C. 1395 et seq.])— (1) which satisfies paragraphs (1) and (7) of section 1861(e) of such Act [ 42 U.S.C. 1395x(e) ], (2) imposes charges or accepts payments for services provided to patients, and (3) the average duration of a patient’s stay in which was thirty days or less in the preceding fiscal year, but such term does not include a Federal hospital or a psychiatric hospital (as described in section 1861(f)(1) of the Social Security Act [ 42 U.S.C. 1395x(f)(1) ]).

“Medicare beneficiary” applies in that section

the term “Medicare beneficiary” means an individual who is entitled to benefits under part A of title XVIII of the Social Security Act [ 42 U.S.C. 1395c et seq.] and enrolled under part B of such title [ 42 U.S.C. 1395j et seq.].

“controlled substance” applies in that section

the term “controlled substance” has the meaning given that term in section 802 of title 21 .

“academic health center” applies in that section

the term “academic health center” means a school of medicine, a school of osteopathy, or a school of public health, as such terms are defined in section 292a(4) 1 of this title. (e) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $10,000,000 for fiscal year 1992, and such sums as may be necessary for each of the fiscal years 1993 through 2003.

“Hispanic” applies in that section

The term “Hispanic” means individuals whose origin is Mexican, Puerto Rican, Cuban, Central or South American, or any other Spanish-speaking country. (h) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2011 through 2016.

“racial and ethnic minority group” applies in that section

The term “racial and ethnic minority group” means American Indians (including Alaska Natives, Eskimos, and Aleuts); Asian Americans; Native Hawaiians and other Pacific Islanders; Blacks; and Hispanics.;

“integrated pest management” applies throughout its part

the term “integrated pest management” means an approach to the management of pests in public facilities that combines biological, cultural, physical, and chemical tools in a way that minimizes economic, health, and environmental risks. (F) With respect to activities described in any of subparagraphs (A) through (E), related planning, administration, and educational activities. (G) Monitoring and evaluation of activities carried out under any of subparagraphs (A) through (F).

“accredited” applies in that section

the term “accredited” has the same meaning as in section 292a(5) 1 of this title. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated $2,000,000 for fiscal year 1985 and for each of the two succeeding fiscal years, $3,000,000 for fiscal year 1989, $4,000,000 for fiscal year 1990, $5,000,000 for each of the fiscal years 1991 and 1992, such sums as may be necessary for each of the fiscal years 1993 through 2005, $25,000,000 for fiscal year 2010, $26,250,000 for fiscal year 2011, $27,562,500 for fiscal year 2012, $28,940,625 for fiscal year 2013, $30,387,656 for fiscal year 2014, $20,213,000 for each of fiscal years 2015 through 2019, …

“school of medicine” applies in that section

the term “school of medicine” has the same meaning as in section 292a(4) 1 of this title; and;

“designated State” applies in that section

The term “designated State” means a State described in paragraph (2). (B) The term “early intervention services”, with respect to HIV disease, means— (i) appropriate pretest counseling; (ii) testing individuals with respect to such disease, including tests to confirm the presence of the disease, tests to diagnose the extent of the deficiency in the immune system, and tests to provide information on appropriate therapeutic measures for preventing and treating the deterioration of the immune system and for preventing and treating conditions arising from the disease; (iii) appropriate post-test counseling; and (iv) providing the therapeutic measures described in clause (ii).;

“HIV disease” applies in that section

The term “HIV disease” means infection with the etiologic agent for acquired immune deficiency syndrome. (c) Expenditure of grant for compliance with agreements (1) In general A grant under section 300x–21 of this title may be expended for purposes of compliance with the agreements required in this section, subject to paragraph (2).

“Council” applies in that section

the term “Council” means a State mental health planning council.

“Indian Tribe” applies in that section

The terms “Indian Tribe” and “Tribal organization” have the meanings given the terms “Indian tribe” and “tribal organization” in subsections (b) and (c) 3 of section 5304 of title 25 .

“Tribal organization” applies in that section

The terms “Indian Tribe” and “Tribal organization” have the meanings given the terms “Indian tribe” and “tribal organization” in subsections (b) and (c) 3 of section 5304 of title 25 .

“substance use disorder” applies throughout its subpart

The term “substance use disorder” means the recurrent use of alcohol or other drugs that causes clinically significant impairment.;

“treatment activities” applies throughout its subpart

The term “treatment activities” means treatment services and, subject to section 300x–31 of this title , authorized activities that are related to treatment services.;

“treatment facility” applies throughout its subpart

The term “treatment facility” means an entity that provides treatment services. (7) The term “treatment services”, subject to section 300x–31 of this title , means treatment for substance use disorders.

“Comptroller General” applies throughout its part

The term “Comptroller General” means the Comptroller General of the United States. (2) The term “State”, except as provided in sections 300x–7(c)(5) of this title and 300x–33(c)(5) of this title, means each of the several States, the District of Columbia, and each of the territories of the United States.;

“program involved” applies throughout its subpart

The term “program involved” means the program of grants established in section 300x or 300x–21 of this title, or both, as indicated by whether the State involved is receiving or is applying to receive a grant under section 300x or 300x–21 of this title, or both. (2) (A) The term “funding agreement”, with respect to a grant under section 300x of this title , has the meaning given such term in section 300x–8 of this title . (B) The term “funding agreement”, with respect to a grant under section 300x–21 of this title , has the meaning given such term in section 300x–34 of this title . (b) Definitions for this part For purposes of this part:;

“territories of the United States” applies throughout its part

The term “territories of the United States” means each of the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Palau, the Marshall Islands, and Micronesia.

“P%” applies in that section

the term “P%” means the percentage constituted by the ratio of the term “P” determined under paragraph (5) for the State involved to the sum of the respective terms “P” determined for the States. (8) Determination of certain factor (A) The factor determined under this paragraph for the State involved is a factor whose purpose is to adjust the amount determined under clause (i) of paragraph (4)(A), and the amounts determined under each of subparagraphs (B)(i) and (D)(ii)(I) of paragraph (6), to reflect the differences that exist between the State and other States in the costs of providing comprehensive community mental health services to adults with a serious mental illness and to children …

“R%” applies in that section

the term “R%” means the percentage constituted by the ratio of the amount determined under clause (ii) for such District to the amount determined under clause (iii). (ii) The amount determined under this clause for the District of Columbia is the quotient of— (I) the most recent 3-year arithmetic mean of total personal income in such District, as determined by the Secretary of Commerce; divided by (II) the factor determined under paragraph (8) for the District.

“adults with a serious mental illness” applies throughout its subpart

The terms “adults with a serious mental illness” and “children with a serious emotional disturbance” have the meanings given such terms under section 300x–1(c)(1) of this title . (2) The term “funding agreement”, with respect to a grant under section 300x of this title to a State, means that the Secretary may make such a grant only if the State makes the agreement involved.

“children with a serious emotional disturbance” applies throughout its subpart

The terms “adults with a serious mental illness” and “children with a serious emotional disturbance” have the meanings given such terms under section 300x–1(c)(1) of this title . (2) The term “funding agreement”, with respect to a grant under section 300x of this title to a State, means that the Secretary may make such a grant only if the State makes the agreement involved.

“HIV disease” applies in that section

The term “HIV disease” means infection with the etiologic agent for acquired immune deficiency syndrome.;

“interim maintenance services” applies in that section

The term “interim maintenance services” means the provision of methadone in a treatment program under the circumstances described in paragraphs (1) and (2) of subsection (a).;

“treatment program” applies in that section

The term “treatment program” means a public or nonprofit private program of treatment for dependence on heroin or other morphine-like drugs.

“adult” applies in that section

the term “adult” means an adult as defined by State law. (e) Submission of applications to Governor; comments by Governor Each applicant shall provide the Governor of the State in which the applicant is located a copy of each application submitted to the Secretary for a grant for a demonstration project for services under this subchapter. The Governor shall submit to the applicant comments on any such application within the period of sixty days beginning on the day when the Governor receives such copy. The applicant shall include the comments of the Governor with such application.

“old-age assistance” applies throughout its subchapter

the term “old-age assistance” means money payments to, or (if provided in or after the third month before the month in which the recipient makes application for assistance) medical care in behalf of or any type of remedial care recognized under State law in behalf of, needy individuals who are 65 years of age or older, but does not include any such payments to or care in behalf of any individual who is an inmate of a public institution (except as a patient in a medical institution).

“continuing disability review” applies in that section

the term “continuing disability review” means a review conducted pursuant to section 421(i) of this title and a review or disability eligibility redetermination conducted to determine the continuing disability and eligibility of a recipient of benefits under the supplemental security income program under subchapter XVI, including any review or redetermination conducted pursuant to section 207 or 208 of the Social Security Independence and Program Improvements Act of 1994 ( Public Law 103–296 ).

“Hospital Insurance Trust Fund ratio” applies in that section

the term “Hospital Insurance Trust Fund ratio” means, with respect to any month, the ratio of— (i) the balance in the Federal Hospital Insurance Trust Fund, reduced by the outstanding amount of any loan (including interest thereon) theretofore made to such Trust Fund under this subsection, as of the last day of the second month preceding such month, to (ii) the amount obtained by multiplying by twelve the total amount which (as estimated by the Secretary) will be paid from the Federal Hospital Insurance Trust Fund during the month for which such ratio is to be determined (other than payments of interest on, or repayments of loans from another Trust Fund under this subsection), and reducing …

“OASDI trust fund ratio” applies in that section

the term “OASDI trust fund ratio” means, with respect to any calendar year, the ratio of— (I) the combined balance in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as of the last day of such calendar year, to (II) the amount estimated by the Commissioner of Social Security to be the total amount to be paid from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund during the calendar year following such calendar year for all purposes authorized by this section (other than payments of interest on, and repayments of, loans from the Federal Hospital Insurance Trust Fund under paragraph …

“parent” applies in that section

the term “parent” means the mother or father of an individual, a stepparent of an individual by a marriage contracted before such individual attained the age of sixteen, or an adopting parent by whom an individual was adopted before he attained the age of sixteen.

“retroactive benefits” applies in that section

the term “retroactive benefits” means benefits to which an individual becomes entitled for a month prior to the month in which application for such benefits is filed. (5) In any case in which it is determined to the satisfaction of the Commissioner of Social Security that an individual failed as of any date to apply for monthly insurance benefits under this subchapter by reason of misinformation provided to such individual by any officer or employee of the Social Security Administration relating to such individual’s eligibility for benefits under this subchapter, such individual shall be deemed to have applied for such benefits on the later of— (A) the date on which such misinformation was …

“first month of such taxable year” applies in that section

the term “first month of such taxable year” means the earliest month in such year to which the charging of excess earnings described in such paragraph is not prohibited by the application of clauses (A), (B), (C), (D), (E), and (F) thereof.

“delinquent amount” applies in that section

the term “delinquent amount” means an amount— (A) in excess of the correct amount of payment under this subchapter; (B) paid to a person after such person has attained 18 years of age; and (C) determined by the Commissioner of Social Security, under regulations, to be otherwise unrecoverable under this section after such person ceases to be a beneficiary under this subchapter. (g) Cross-program recovery of overpayments For provisions relating to the cross-program recovery of overpayments made under programs administered by the Commissioner of Social Security, see section 1320b–17 of this title .

“represented minor beneficiary” applies in that section

the term “represented minor beneficiary” has the meaning given such term in subsection (j)(11)(B)(iii). 1 (b) Access to financial information for old-age, survivors, and disability insurance waivers (1) In any case in which more than the correct amount of payment has been made, there shall be no adjustment of payments to, or recovery by the United States from, any person who is without fault if such adjustment or recovery would defeat the purpose of this subchapter or would be against equity and good conscience.

“American Indian consortium” applies in that section

The term “American Indian consortium” means a consortium established under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq.).;

“applicable information” applies in that section

the term “applicable information” means information regarding whether— (I) the name (including the first name and any family forename or surname), the date of birth (including the month, day, and year), and social security number of an individual provided to the Commissioner match the information contained in the Commissioner’s records, and (II) such individual is shown on the records of the Commissioner as being deceased; and;

“authorized blood donation facility” applies in that section

the term “authorized blood donation facility” means an entity described in section 1320b–11(h)(1)(B) of this title , and;

“authorized person” applies in that section

the term “authorized person” means an officer or employee of an insurer whom the Manager of the Corporation designates by rule, subject to appropriate safeguards including a prohibition against the release of such social security account number (other than to the Corporation) by such person. (v) If and to the extent that any provision of Federal law heretofore enacted is inconsistent with the policy set forth in clause (i), such provision shall, on and after October 4, 1976 , be null, void, and of no effect.

“certified community-based nonprofit social service agency” applies in that section

the term “certified community-based nonprofit social service agency” means a community-based nonprofit social service agency which is in compliance with requirements, under regulations which shall be prescribed by the Commissioner, for annual certification to the Commissioner that it is bonded in accordance with requirements specified by the Commissioner and that it is licensed in each State in which it serves as a representative payee (if licensing is available in the State) in accordance with requirements specified by the Commissioner. Any such annual certification shall include a copy of any independent audit on the agency which may have been performed since the previous certification.

“eligible national association” applies in that section

the term “eligible national association” means a national disability association with extensive knowledge and demonstrated experience in providing training, technical assistance, and administrative oversight to protection and advocacy systems that monitor representative payees. (vi) In conducting reviews under this section, a protection and advocacy system shall have the same authorities, including access to records, facilities, and persons, as such system would have for purposes of providing services under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq.).

“officer or employee” applies in that section

the term “officer or employee” includes a former officer or employee. (IV) For purposes of this clause,

“prisoner” applies in that section

the term “prisoner” means an individual confined in a jail, prison, or other penal institution or correctional facility pursuant to such individual’s conviction of a criminal offense. (xiii) The Secretary of Health and Human Services, in consultation with the Commissioner of Social Security, shall establish cost-effective procedures to ensure that a Social Security 4 account number (or derivative thereof) is not displayed, coded, or embedded on the Medicare card issued to an individual who is entitled to benefits under part A of subchapter XVIII or enrolled under part B of subchapter XVIII and that any other identifier displayed on such card is not identifiable as a Social Security 4 …

“protection and advocacy system” applies in that section

The term “protection and advocacy system” means a protection and advocacy system established under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq.).;

“qualified organization” applies in that section

the term “qualified organization” means any State or local government agency whose mission is to carry out income maintenance, social service, or health care-related activities, any State or local government agency with fiduciary responsibilities, or any certified community-based nonprofit social service agency (as defined in paragraph (10)), if such agency, in accordance with any applicable regulations of the Commissioner of Social Security— (i) regularly provides services as the representative payee, pursuant to this subsection or section 1007 or 1383(a)(2) of this title, concurrently to 5 or more individuals, 6 (ii) demonstrates to the satisfaction of the Commissioner of Social Security …

“related record” applies in that section

the term “related record” means any record, list, or compilation that indicates, directly or indirectly, the identity of any individual with respect to whom a social security account number or a request for a social security account number is maintained pursuant to this clause. (ix) In the administration of the provisions of chapter 81 of title 5 and the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 901 et seq.), the Secretary of Labor may require by regulation that any person filing a notice of injury or a claim for benefits under such provisions provide as part of such notice or claim such person’s social security account number, subject to the requirements of this clause.

“represented beneficiary” applies in that section

the term “represented beneficiary” means an individual— (aa) who is entitled to benefits under this subchapter, subchapter VIII, or subchapter XVI; and (bb) whose benefits have been certified for payment to a representative payee. (v) (I) The Commissioner shall make annual grants, in an amount equal to 4 percent of the total amount of grants awarded each year under clause (i), to an eligible national association for the provision of training and technical assistance, administrative support, and data collection services to protection and advocacy systems in connection with grants awarded under clause (i). (II) In this clause,

“State” applies in that section

the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Marianas, and the Trust Territory of the Pacific Islands. (viii) (I) Social security account numbers and related records that are obtained or maintained by authorized persons pursuant to any provision of law enacted on or after October 1, 1990 , shall be confidential, and no authorized person shall disclose any such social security account number or related record.

“State driver’s license agency” applies in that section

the term “State driver’s license agency” means the State agency which issues driver’s licenses to individuals within the State and maintains records relating to such licensure. (E) Nothing in this paragraph may be construed to require the provision of applicable information with regard to a request for a record of an individual if the Commissioner determines there are exceptional circumstances warranting an exception (such as safety of the individual or interference with an investigation).

“Statewide and Tribal Automated Child Welfare Information System” applies in that section

the term “Statewide and Tribal Automated Child Welfare Information System” means a statewide mechanized data collection and information retrieval system described in section 674(a)(3)(C) of this title ; and (iii) the term “represented minor beneficiary”, with respect to an individual for a month, means a child (as defined for purposes of section 675(8) of this title ) entitled to benefits under this subchapter for such month whose benefits are certified for payment to a representative payee.

“substantial beneficial interest” applies in that section

the term “substantial beneficial interest” means not less than 5 percent of all beneficial interest in the policyholder. The Secretary of Agriculture shall restrict, to the satisfaction of the Commissioner of Social Security, access to social security account numbers obtained pursuant to this clause only to officers and employees of the United States or authorized persons whose duties or responsibilities require access for the administration of the Federal Crop Insurance Act. The Secretary of Agriculture shall provide such other safeguards as the Commissioner of Social Security determines to be necessary or appropriate to protect the confidentiality of such social security account numbers.

“survivor” applies in that section

The term “survivor” means an individual’s spouse, surviving divorced wife, surviving divorced husband, surviving divorced mother, surviving divorced father, child, or parent, who survives such individual.

“system of records” applies in that section

the term “system of records” has the meaning given such term in section 552a(a)(5) of title 5 . (11) During the 3-year period that begins on the effective date of this paragraph, the Commissioner of Social Security shall, to the extent feasible, provide information furnished to the Commissioner under paragraph (1) to the agency operating the Do Not Pay working system described in section 3354(c) of title 31 to prevent improper payments to deceased individuals through a cooperative arrangement with such agency, provided that the requirements of subparagraphs (A) and (B) of paragraph (3) are met with respect to such arrangement with such agency.

“time limitation” applies in that section

The term “time limitation” means a period of three years, three months, and fifteen days.;

“year” applies in that section

The term “year” means a calendar year when used with respect to wages and a taxable year when used with respect to self-employment income.;

“Commissioner” applies in that section

The term “Commissioner” means the Commissioner of the Social Security Administration. (2) Financial institution

“financial institution” applies in that section

The term “financial institution” has the meaning given the term in section 509 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6809 ). (3) Fraud protection data

“fraud protection data” applies in that section

The term “fraud protection data” means a combination of the following information with respect to an individual: (A) The name of the individual (including the first name and any family forename or surname of the individual). (B) The social security number of the individual. (C) The date of birth (including the month, day, and year) of the individual. (4) Permitted entity

“permitted entity” applies in that section

The term “permitted entity” means a financial institution or a service provider, subsidiary, affiliate, agent, subcontractor, or assignee of a financial institution. (c) Efficiency (1) Reliance on existing methods The Commissioner shall evaluate the feasibility of making modifications to any database that is in existence as of May 24, 2018 , or a similar resource such that the database or resource— (A) is reasonably designed to effectuate the purpose of this section; and (B) meets the requirements of subsection (d).

“deferred compensation amount” applies in that section

the term “deferred compensation amount” means— (A) any amount excluded from gross income under chapter 1 of the Internal Revenue Code of 1986 by reason of section 402(a)(8), 3 402(h)(1)(B), or 457(a) of such Code or by reason of a salary reduction agreement under section 403(b) of such Code, (B) any amount with respect to which a deduction is allowable under chapter 1 of such Code by reason of a contribution to a plan described in section 501(c)(18) of such Code, and (C) to the extent provided in regulations of the Commissioner of Social Security, deferred compensation provided under any arrangement, agreement, or plan referred to in subsection (i) or (j).

“wages” applies throughout its subchapter

the term “wages” means remuneration paid prior to 1951 which was wages for the purposes of this subchapter under the law applicable to the payment of such remuneration, and remuneration paid after 1950 for employment, including the cash value of all remuneration (including benefits) paid in any medium other than cash; except that, in the case of remuneration paid after 1950, such term shall not include— (1) (A) That part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to $3,600 with respect to employment has been paid to an individual during any calendar year prior to 1955, is paid to such individual during …

“active duty” applies in that section

The term “active duty” means “active duty” as described in paragraph (21) of section 101 of title 38 , except that it shall also include “active duty for training” as described in paragraph (22) of such section.;

“agricultural labor” applies in that section

The term “agricultural labor” includes all service performed— (1) On a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and fur-bearing animals and wildlife.

“American aircraft” applies in that section

The term “American aircraft” means an aircraft registered under the laws of the United States. (e) American employer;

“American employer” applies in that section

The term “American employer” means an employer which is (A) the United States or any instrumentality thereof, (B) a State or any political subdivision thereof, or any instrumentality of any one or more of the foregoing, (C) an individual who is a resident of the United States, (D) a partnership, if two-thirds or more of the partners are residents of the United States, (E) a trust, if all of the trustees are residents of the United States, or (F) a corporation organized under the laws of the United States or of any State.

“American vessel” applies in that section

The term “American vessel” means any vessel documented or numbered under the laws of the United States; and includes any vessel which is neither documented or numbered under the laws of the United States nor documented under the laws of any foreign country, if its crew is employed solely by one or more citizens or residents of the United States or corporations organized under the laws of the United States or of any State. (d) American aircraft

“controlled group of entities” applies in that section

The term “controlled group of entities” means a controlled group of corporations as defined in section 1563(a)(1) of the Internal Revenue Code of 1986, except that— (I) “more than 50 percent” shall be substituted for “at least 80 percent” each place it appears therein, and (II) the determination shall be made without regard to subsections (a)(4) and (b)(2) of section 1563 of such Code.

“crew leader” applies in that section

The term “crew leader” means an individual who furnishes individuals to perform agricultural labor for another person, if such individual pays (either on his own behalf or on behalf of such person) the individuals so furnished by him for the agricultural labor performed by them and if such individual has not entered into a written agreement with such person whereby such individual has been designated as an employee of such person; and such individuals furnished by the crew leader to perform agricultural labor for another person shall be deemed to be the employees of such crew leader.

“domestically controlled group of entities” applies in that section

The term “domestically controlled group of entities” means a controlled group of entities the common parent of which is a domestic corporation.;

“employee” applies in that section

The term “employee” means— (1) any officer of a corporation; or (2) any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee; or (3) any individual (other than an individual who is an employee under paragraph (1) or (2) of this subsection) who performs services for remuneration for any person— (A) as an agent-driver or commission-driver engaged in distributing meat products, vegetable products, fruit products, bakery products, beverages (other than milk), or laundry or dry-cleaning services, for his principal; (B) as a full-time life insurance salesman; (C) as a home worker performing work, according to …

“employment” applies throughout its subchapter

The term “employment” means any service performed after 1936 and prior to 1951 which was employment for the purposes of this subchapter under the law applicable to the period in which such service was performed, and any service, of whatever nature, performed after 1950 (A) by an employee for the person employing him, irrespective of the citizenship or residence of either, (i) within the United States, or (ii) on or in connection with an American vessel or American aircraft under a contract of service which is entered into within the United States or during the performance of which and while the employee is employed on the vessel or aircraft it touches at a port in the United States, if the …

“farm” applies in that section

The term “farm” includes stock, dairy, poultry, fruit, fur-bearing animal, and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards. (h) State

“Federal agency” applies in that section

The term “Federal agency” means an agency, as defined in section 3581(1) of title 5 .;

“general retirement system” applies in that section

The term “general retirement system” means any pension, annuity, retirement, or similar fund or system established by a State or by a political subdivision thereof for employees of the State, political subdivision, or both; but such term shall not include such a fund or system which covers only service performed in positions connected with the operation of its public transportation system.

“inactive duty training” applies in that section

The term “inactive duty training” means “inactive duty training” as described in paragraph (23) of such section 101. (4) (A) Paragraph (1) of this subsection shall not apply in the case of any service, performed by an individual as a member of a uniformed service, which is creditable under section 231b(i) of title 45 . The Railroad Retirement Board shall notify the Commissioner of Social Security, 3 with respect to all such service which is so creditable.

“international organization” applies in that section

The term “international organization” has the meaning provided such term by section 3581(3) of title 5 .

“medicare qualified government employment” applies in that section

the term “medicare qualified government employment” means any service which would constitute “employment” as defined in subsection (a) of this section but for the application of the provisions of— (A) subsection (a)(5), or (B) subsection (a)(7), except as provided in paragraphs (2) and (3).

“member of a uniformed service” applies in that section

The term “member of a uniformed service” means any person appointed, enlisted, or inducted in a component of the Army, Navy, Air Force, Marine Corps, or Coast Guard (including a reserve component as defined in section 101(27) of title 38 ), or in one of those services without specification of component, or as a commissioned officer of the Coast and Geodetic Survey, the National Oceanic and Atmospheric Administration Corps, or the Regular or Reserve Corps 4 of the Public Health Service, and any person serving in the Army or Air Force under call or conscription.

“pay period” applies in that section

the term “pay period” means a period (of not more than thirty-one consecutive days) for which a payment of remuneration is ordinarily made to the employee by the person employing him. This subsection shall not be applicable with respect to services performed in a pay period by an employee for the person employing him, where any of such service is excepted by paragraph (9) of subsection (a). (c) American vessel

“political subdivision” applies in that section

The term “political subdivision” includes an instrumentality of (i) a State, (ii) one or more political subdivisions of a State, or (iii) a State and one or more of its political subdivisions. (l) Service in uniformed services (1) Except as provided in paragraph (4), the term “employment” shall, notwithstanding the provisions of subsection (a) of this section, include— (A) service performed after December 1956 by an individual as a member of a uniformed service on active duty, but such term shall not include any such service which is performed while on leave without pay, and (B) service performed after December 1987 by an individual as a member of a uniformed service on inactive duty …

“retirement system” applies throughout its subchapter

the term “retirement system” has the meaning given such term by section 418(b)(4) of this title ; (8) (A) Service performed by a duly ordained, commissioned, or licensed minister of a church in the exercise of his ministry or by a member of a religious order in the exercise of duties required by such order, except that this subparagraph shall not apply to service performed by a member of such an order in the exercise of such duties, if an election of coverage under section 3121(r) of the Internal Revenue Code of 1986 is in effect with respect to such order, or with respect to the autonomous subdivision thereof to which such member belongs; (B) Service performed in the employ of a church or …

“State” applies in that section

The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. (i) United States The term “United States” when used in a geographical sense means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. (j) Employee

“church employee income” applies in that section

the term “church employee income” means gross income for services which are described in section 410(a)(8)(B) of this title (and are not described in section 410(a)(8)(A) of this title ). (j) Codification of treatment of certain termination payments received by former insurance salesmen Nothing in subsection (a) shall be construed as including in the net earnings from self-employment of an individual any amount received during the taxable year from an insurance company on account of services performed by such individual as an insurance salesman for such company if— (1) such amount is received after termination of such individual’s agreement to perform such services for such company, (2) …

“commodities dealer” applies in that section

The term “commodities dealer” means a person who is actively engaged in trading section 1256 contracts and is registered with a domestic board of trade which is designated as a contract market by the Commodities Futures Trading Commission.;

“deceased partner’s distributive share” applies in that section

the term “deceased partner’s distributive share” includes the share of his estate or of any other person succeeding, by reason of his death, to rights with respect to his partnership interest. (g) Regular basis An individual shall be deemed to be self-employed on a regular basis in a taxable year, or to be a member of a partnership on a regular basis in such year, if he had net earnings from self-employment, as defined in the first sentence of subsection (a), of not less than $400 in at least two of the three consecutive taxable years immediately preceding such taxable year from trades or businesses carried on by such individual or such partnership.

“net earnings from self-employment” applies throughout its subchapter

The term “net earnings from self-employment” means the gross income, as computed under subtitle A of the Internal Revenue Code of 1986, derived by an individual from any trade or business carried on by such individual, less the deductions allowed under such subtitle which are attributable to such trade or business, plus his distributive share (whether or not distributed) of the ordinary net income or loss, as computed under section 702(a)(8) of such Code, from any trade or business carried on by a partnership of which he is a member; except that in computing such gross income and deductions and such distributive share of partnership ordinary net income or loss— (1) There shall be excluded …

“options dealer” applies in that section

The term “options dealer” has the meaning given such term by section 1256(g)(8) of such Code.;

“section 1256 contracts” applies in that section

The term “section 1256 contracts” has the meaning given to such term by section 1256(b) of such Code. (i) Church employee income (1) In applying subsection (a)— (A) church employee income shall not be reduced by any deduction; (B) church employee income and deductions attributable to such income shall not be taken into account in determining the amount of other net earnings from self-employment. (2) (A) Subsection (b)(2) shall be applied separately— (i) to church employee income, and (ii) to other net earnings from self-employment. (B) In applying subsection (b)(2) to church employee income, “$100” shall be substituted for “$400”.

“self-employment income” applies throughout its subchapter

The term “self-employment income” means the net earnings from self-employment derived by an individual (other than a nonresident alien individual, except as provided by an agreement under section 433 of this title ) during any taxable year beginning after 1950; except that such term shall not include— (1) That part of the net earnings from self-employment which is in excess of— (A) For any taxable year ending prior to 1955, (i) $3,600, minus (ii) the amount of the wages paid to such individual during the taxable year; and (B) For any taxable year ending after 1954 and prior to 1959, (i) $4,200, minus (ii) the amount of the wages paid to such individual during the taxable year; and (C) For …

“calendar quarter” applies throughout its subchapter

the term “calendar quarter”, mean a period of three calendar months ending on March 31, June 30, September 30, or December 31. (2);

“quarter of coverage” applies throughout its subchapter

The term “quarter of coverage” means— (i) for calendar years before 1978, and subject to the provisions of subparagraph (B), a quarter in which an individual has been paid $50 or more in wages (except wages for agricultural labor paid after 1954) or for which he has been credited (as determined under section 412 of this title ) with $100 or more of self-employment income; and (ii) for calendar years after 1977, and subject to the provisions of subparagraph (B), each portion of the total of the wages paid and the self-employment income credited (pursuant to section 412 of this title ) to an individual in a calendar year which equals the amount required for a quarter of coverage in that …

“currently insured individual” applies throughout its subchapter

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 …

“fully insured individual” applies throughout its subchapter

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 …

“applicable increase percentage” applies in that section

the term “applicable increase percentage” means— (i) with respect to a base quarter or cost-of-living computation quarter in any calendar year before 1984, or in any calendar year after 1983 and before 1989 for which the OASDI fund ratio is 15.0 percent or more, or in any calendar year after 1988 for which the OASDI fund ratio is 20.0 percent or more, the CPI increase percentage; and (ii) with respect to a base quarter or cost-of-living computation quarter in any calendar year after 1983 and before 1989 for which the OASDI fund ratio is less than 15.0 percent, or in any calendar year after 1988 for which the OASDI fund ratio is less than 20.0 percent, the CPI increase percentage or the wage …

“base quarter” applies in that section

the term “base quarter” means (i) the calendar quarter ending on September 30 in each year after 1982, or (ii) any other calendar quarter in which occurs the effective month of a general benefit increase under this subchapter;

“benefit computation years” applies in that section

the term “benefit computation years” means those computation base years, equal in number to the number determined under subparagraph (A), for which the total of such individual’s wages and self-employment income, after adjustment under paragraph (3), is the largest;

“computation base years” applies in that section

the term “computation base years” means the calendar years after 1950 and before— (I) in the case of an individual entitled to old-age insurance benefits, the year in which occurred (whether by reason of section 402(j)(1) of this title or otherwise) the first month of that entitlement; or (II) in the case of an individual who has died (without having become entitled to old-age insurance benefits), the year succeeding the year of his death; except that such term excludes any calendar year entirely included in a period of disability; and;

“cost-of-living computation quarter” applies in that section

the term “cost-of-living computation quarter” means a base quarter, as defined in subparagraph (A)(i), with respect to which the applicable increase percentage is greater than zero; except that there shall be no cost-of-living computation quarter in any calendar year if in the year prior to such year a law has been enacted providing a general benefit increase under this subchapter or if in such prior year such a general benefit increase becomes effective;

“general benefit increase under this subchapter” applies in that section

the term “general benefit increase under this subchapter” means an increase (other than an increase under this subsection) in all primary insurance amounts on which monthly insurance benefits under this subchapter are based.

“number of elapsed years” applies in that section

the term “number of elapsed years” means (except as otherwise provided by section 104(j)(2) of the Social Security Amendments of 1972) the number of calendar years after 1950 (or, if later, the year in which the individual attained age 21) and before the year in which the individual died, or, if it occurred earlier (but after 1960), the year in which he attained age 62; except that such term excludes any calendar year any part of which is included in a period of disability.

“blindness” applies throughout its subchapter

the term “blindness” means central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered for purposes of this paragraph as having a central visual acuity of 20/200 or less.

“child” applies throughout its subchapter

The term “child” means (1) the child or legally adopted child of an individual, (2) a stepchild who has been such stepchild for not less than one year immediately preceding the day on which application for child’s insurance benefits is filed or (if the insured individual is deceased) not less than nine months immediately preceding the day on which such individual died, and (3) a person who is the grandchild or stepgrandchild of an individual or his spouse, but only if (A) there was no natural or adoptive parent (other than such a parent who was under a disability, as defined in section 423(d) of this title ) of such person living at the time (i) such individual became entitled to old-age …

“disability” applies throughout its subchapter

the term “disability” means (A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months, or (B) blindness; and

“divorced husband” applies throughout its subchapter

The term “divorced husband” means a man divorced from an individual, but only if he had been married to such individual for a period of 10 years immediately before the date the divorce became effective.;

“divorced wife” applies throughout its subchapter

The term “divorced wife” means a woman divorced from an individual, but only if she had been married to such individual for a period of 10 years immediately before the date the divorce became effective.;

“early retirement age” applies in that section

The term “early retirement age” means age 62 in the case of an old-age, wife’s, or husband’s insurance benefit, and age 60 in the case of a widow’s or widower’s insurance benefit. (3) The age increase factor for any individual who attains early retirement age in a calendar year within the period to which subparagraph (B) or (D) of paragraph (1) applies shall be determined as follows: (A) With respect to an individual who attains early retirement age in the 5-year period consisting of the calendar years 2000 through 2004, the age increase factor shall be equal to two-twelfths of the number of months in the period beginning with January 2000 and ending with December of the year in which the …

“husband” applies throughout its subchapter

The term “husband” means the husband of an individual, but only if (1) he is the father of her son or daughter, (2) he was married to her for a period of not less than one year immediately preceding the day on which his application is filed, or (3) in the month prior to the month of his marriage to her (A) he was entitled to, or on application therefor and attainment of age 62 in such prior month would have been entitled to, benefits under subsection (c), (f) or (h) of section 402 of this title , (B) he had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section (subject, however, to section 402(s) of …

“period of disability” applies throughout its subchapter

The term “period of disability” means a continuous period (beginning and ending as hereinafter provided in this subsection) during which an individual was under a disability (as defined in paragraph (1)), but only if such period is of not less than five full calendar months’ duration or such individual was entitled to benefits under section 423 of this title for one or more months in such period. (B) No period of disability shall begin as to any individual unless such individual files an application for a disability determination with respect to such period; and no such period shall begin as to any individual after such individual attains retirement age (as defined in subsection ( l )).

“retirement age” applies in that section

The term “retirement age” means— (A) with respect to an individual who attains early retirement age (as defined in paragraph (2)) before January 1, 2000 , 65 years of age; (B) with respect to an individual who attains early retirement age after December 31, 1999 , and before January 1, 2005 , 65 years of age plus the number of months in the age increase factor (as determined under paragraph (3)) for the calendar year in which such individual attains early retirement age; (C) with respect to an individual who attains early retirement age after December 31, 2004 , and before January 1, 2017 , 66 years of age; (D) with respect to an individual who attains early retirement age after December …

“spouse” applies throughout its subchapter

The term “spouse” means a wife as defined in subsection (b) or a husband as defined in subsection (f).;

“surviving divorced father” applies throughout its subchapter

The term “surviving divorced father” means a man divorced from an individual who has died, but only if (A) he is the father of her son or daughter, (B) he legally adopted her son or daughter while he was married to her and while such son or daughter was under the age of 18, (C) she legally adopted his son or daughter while he was married to her and while such son or daughter was under the age of 18, or (D) he was married to her at the time both of them legally adopted a child under the age of 18.;

“surviving divorced husband” applies throughout its subchapter

The term “surviving divorced husband” means a man divorced from an individual who has died, but only if he had been married to the individual for a period of 10 years immediately before the divorce became effective.;

“surviving divorced mother” applies throughout its subchapter

The term “surviving divorced mother” means a woman divorced from an individual who has died, but only if (A) she is the mother of his son or daughter, (B) she legally adopted his son or daughter while she was married to him and while such son or daughter was under the age of 18, (C) he legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of 18, or (D) she was married to him at the time both of them legally adopted a child under the age of 18.;

“surviving divorced parent” applies throughout its subchapter

The term “surviving divorced parent” means a surviving divorced mother as defined in paragraph (3) of this subsection or a surviving divorced father as defined in paragraph (6). (8) The terms “divorce” and “divorced” refer to a divorce a vinculo matrimonii. (e) Child

“surviving divorced wife” applies throughout its subchapter

The term “surviving divorced wife” means a woman divorced from an individual who has died, but only if she had been married to the individual for a period of 10 years immediately before the date the divorce became effective.;

“surviving spouse” applies throughout its subchapter

The term “surviving spouse” means a widow as defined in subsection (c) or a widower as defined in subsection (g). (b) Wife

“wife” applies throughout its subchapter

The term “wife” means the wife of an individual, but only if she (1) is the mother of his son or daughter, (2) was married to him for a period of not less than one year immediately preceding the day on which her application is filed, or (3) in the month prior to the month of her marriage to him (A) was entitled to, or on application therefor and attainment of age 62 in such prior month would have been entitled to, benefits under subsection (b), (e), or (h) of section 402 of this title , (B) had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section (subject, however, to section 402(s) of this title ), …

“veteran” applies in that section

the term “veteran” means any individual who served in the active military or naval service of the United States at any time on or after July 25, 1947 , and prior to January 1, 1957 , and who, if discharged or released therefrom, was so discharged or released under conditions other than dishonorable after active service of ninety days or more or by reason of a disability or injury incurred or aggravated in service in line of duty; but such term shall not include any individual who died while in the active military or naval service of the United States if his death was inflicted (other than by an enemy of the United States) as lawful punishment for a military or naval offense.

“World War II” applies in that section

The term “World War II” means the period beginning with September 16, 1940 , and ending at the close of July 24, 1947 .;

“World War II veteran” applies in that section

The term “World War II veteran” means any individual who served in the active military or naval service of the United States at any time during World War II and who, if discharged or released therefrom, was so discharged or released under conditions other than dishonorable after active service of ninety days or more or by reason of a disability or injury incurred or aggravated in service in line of duty; but such term shall not include any individual who died while in the active military or naval service of the United States if his death was inflicted (other than by an enemy of the United States) as lawful punishment for a military or naval offense.

“coverage group” applies in that section

The term “coverage group” means (A) employees of the State other than those engaged in performing service in connection with a proprietary function; (B) employees of a political subdivision of a State other than those engaged in performing service in connection with a proprietary function; (C) employees of a State engaged in performing service in connection with a single proprietary function; or (D) employees of a political subdivision of a State engaged in performing service in connection with a single proprietary function.

“employee” applies in that section

The term “employee” includes an officer of a State or political subdivision.;

“employment” applies throughout its subchapter

the term “employment” includes any service included under an agreement entered into under this section. (b) Definitions For the purposes of this section— (1) The term “State” does not include the District of Columbia, Guam, or American Samoa.;

“institutions of higher learning” applies in that section

the term “institutions of higher learning” includes junior colleges and teachers colleges. If a retirement system covers positions of employees of a hospital which is an integral part of a political subdivision, then, for purposes of the preceding paragraphs there shall, if the State so desires, be deemed to be a separate retirement system for the employees of such hospital.

“political subdivision” applies in that section

The term “political subdivision” includes an instrumentality of (A) a State, (B) one or more political subdivisions of a State, or (C) a State and one or more of its political subdivisions.;

“retirement system” applies in that section

The term “retirement system” means a pension, annuity, retirement, or similar fund or system established by a State or by a political subdivision thereof.;

“employment” applies throughout its subchapter

the term “employment” includes any service included under an agreement entered into under this section. (b) Definitions For the purposes of this section:;

“member” applies in that section

The term “member” means, with respect to a tribal council, an individual appointed or elected to serve as a member or the head of the tribal council.;

“tribal council” applies in that section

The term “tribal council” means the appointed or elected governing body of a federally recognized Indian tribe. (c) Effective date of agreement (1) Any agreement under this section shall be effective with respect to services performed after an effective date specified in such agreement, provided that such date may not be earlier than the first day of the next calendar month after the month in which the agreement is executed by both parties.

“services” applies in that section

the term “services” means activity (whether legal or illegal) which is performed for remuneration or gain or is determined by the Commissioner of Social Security to be of a type normally performed for remuneration or gain.

“disability” applies in that section

The term “disability” means— (A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or (B) in the case of an individual who has attained the age of 55 and is blind (within the meaning of “blindness” as defined in section 416(i)(1) of this title ), inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial …

“waiting period” applies in that section

The term “waiting period” means, in the case of any application for disability insurance benefits, the earliest period of five consecutive calendar months— (A) throughout which the individual with respect to whom such application is filed has been under a disability, and (B) (i) which begins not earlier than with the first day of the seventeenth month before the month in which such application is filed if such individual is insured for disability insurance benefits in such seventeenth month, or (ii) if he is not so insured in such month, which begins not earlier than with the first day of the first month after such seventeenth month in which he is so insured.

“disability” applies in that section

the term “disability” has the meaning assigned to such term in section 423(d) of this title . Whenever the benefits of an individual entitled to a disability insurance benefit are suspended for any month, the benefits of any individual entitled thereto under subsection (b), (c), or (d) of section 402 of this title , on the basis of the wages and self-employment income of such individual, shall be suspended for such month.

“qualified railroad retirement beneficiary” applies in that section

the term “qualified railroad retirement beneficiary” means an individual whose name has been certified to the Secretary by the Railroad Retirement Board under section 231f(d) of title 45 . An individual shall cease to be a qualified railroad retirement beneficiary at the close of the month preceding the month which is certified by the Railroad Retirement Board as the month in which he ceased to meet the requirements of section 231f(d) of title 45 .