§ 402. Old-age and survivors insurance benefit payments

Subsec. (t)(4). Pub. L. 90–248, § 162(b)(1), provided for exception to application of subpars. (A) and (B) of par. (4).

Subsec. (t)(6). Pub. L. 90–248, § 162(c)(2), included reference to par. (10).

Subsec. (t)(10). Pub. L. 90–248, § 162(c)(1), added par. (10).

1965—Subsec. (b)(1). Pub. L. 89–97, § 308(a), made provisions applicable to divorced wife by inclusion of references to divorced wife in provisions preceding subpar. (A), substituted “such individual” for “her husband” in subpars. (B), (E), (G), (J) to (L); inserted in subpar. (B) “(in the case of a wife)” after “age 62 or”; added subpars. (C) and (D); redesignated former subpar. (C) as (E); in provisions after subpar. (E), inserted “(subject to subsection (s) of this section)” and struck out “after August 1950” after “beginning with the first month”; designated existing provisions as subpars. (F), (G), (J) to (L); and substituted provisions designated as subpars. (H) and (I) for former provisions reading “they are divorced from vinculo matrimonii”.

Subsec. (b)(2). Pub. L. 89–97, § 308(a), inserted “(or, in the case of a divorced wife, her former husband)”.

Subsec. (b)(3). Pub. L. 89–97, § 308(a), added par. (3).

Subsec. (c)(1). Pub. L. 89–97, § 308(d)(1), substituted “divorced” for “divorced a vinculo matrimonii” in provisions following subpar. (D).

Subsec. (c)(2). Pub. L. 89–97, §§ 306(c)(2), 334(e), inserted in text preceding subpar. (A) “(subject to subsection (s) of this section)” after “shall”, and added subpar. (C).

Subsec. (d)(1). Pub. L. 89–97, §§ 306(a), (b)(1), (2), 323(a)(1), 343(a), inserted in subpar. (B)(i) and (ii) “or was a full-time student and had not attained the age of 22” and “which began before he attained the age of 22”, respectively, and substituted “is” for “was” in cl. (ii) substituted “preceding whichever of the following first occurs” for “preceding the first month in which any of the following occurs” following provisions of subpar. (C), incorporated existing provisions in subpar. (D) and (E), substituting in such subpar. (E) “but only if he (i) is not under a disability (as so defined) at the time he attains such age, and (ii) is not a full-time student during any part of such month” for former provision and is not under a disability (as defined in section 423(c) of this title), which began before he attained such age”, added subpars. (F) and (G), and repealed the second sentence which provided for the termination of entitlement of any child to benefits under this subsection with the month preceding the third month following the month in which he ceases to be under a disability after the month in which he attains age eighteen; struck out the last sentence which related to adoptions by disabled workers; and substituted “uncle, brother, or sister” for “or uncle” in subpar. (D), respectively.

Subsec. (d)(3). Pub. L. 89–97, § 339(b), inserted “or section 416(h)(3)” after “section 416(h)(2)(B)”.

Subsec. (d)(6). Pub. L. 89–97, § 306(c)(3), inserted in text following subpar. (B) “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)”.

Subsec. (d)(6)(A). Pub. L. 89–97, § 308(d)(2)(A), inserted reference to subsec. (b) of this section.

Subsec. (d)(7), (8). Pub. L. 89–97, § 306(b)(3), added pars. (7) and (8).

Subsec. (d)(9), (10). Pub. L. 89–97, § 323(a)(2), added pars. (9) and (10).

Subsec. (e)(1). Pub. L. 89–97, §§ 307(a)(1), 308(b)(1), substituted “age 60” for “age 62” in subpar. (B); and inserted references to surviving divorced wife in the provisions preceding subpar. (A), substituted in subpar. (A) “is not married” for “has not remarried”, added subpar. (D), redesignated former subpar. (D) as (E) substituted in subpar. (E) and following provision “such deceased individual” “her deceased husband”, and struck out from provisions following subpar. (E) “after August 1950” after “beginning with the first month”, respectively.

Subsec. (e)(2). Pub. L. 89–97, §§ 307(a)(2), 308(b)(1), 333(a)(2), inserted introductory phrase “Except as provided in subsection (q) of this section”; substituted “such deceased individual” for “her deceased husband”; and inserted “and paragraph (4) of this subsection” before the comma, respectively.

Subsec. (e)(3). Pub. L. 89–97, §§ 306(c)(4), 308(b) (2), (3), inserted “but subject to subsection (s) of this section” after “notwithstanding the provisions of paragraph (1)” following subpar. (B); repealed former par. (3) which provided for reinstatement of benefits to a widow if she married a person who died within one year and was not a fully insured individual; and redesignated former par. (4) as (3), and substituted “widow or surviving divorced wife” and “widow’s or surviving divorced wife’s” for “widow” and “widow’s”, respectively.

Subsec. (e)(4). Pub. L. 89–97, § 333(a)(1), added par. (4). Former par. (4) redesignated (3).

Subsec. (f)(2). Pub. L. 89–97, §§ 306(c)(5), 334(f), inserted in text preceding subpar. (A) “(subject to subsection (s) of this section)” after “shall”, and added subpar. (C).

Subsec. (f)(3). Pub. L. 89–97, § 333(b)(2), substituted “Except as provided in paragraph (5), such” for “Such”.

Subsec. (f)(4). Pub. L. 89–97, § 306(c)(6), inserted in text following subpar. (B) “but subject to subsection (s) of this section” after “notwithstanding the provisions of paragraph (1) of this subsection”.

Subsec. (f)(4)(A). Pub. L. 89–97, § 308(d)(2)(A), inserted reference to subsec. (b) of this section.

Subsec. (f)(5). Pub. L. 89–97, § 333(b)(1), added par. (5).

Subsec. (g)(1). Pub. L. 89–97, §§ 306(c)(7), 308(d) (3)–(5), inserted “(subject to subsection (s))” after “shall” in provisions following subpar. (F); substituted in subpar. (A) “is not married” for “has not remarried”; in subpar. (F), substituted “surviving divorced mother” for “former wife divorced”, incorporated existing provisions in cls. (i) (other than (I) to (III)), (ii), and (iii), and substituted provisions of cl. (i)(I) to (III) for receipt of one-half of support under administrative regulations and substantial contributions pursuant to written agreement or court order for former provision for receipt of one-half of support pursuant to agreements or court order; and substituted “surviving divorced mother” for “former wife divorced” twice in provisions before subpar. (A) and thrice in provisions following subpar. (F), respectively.

Subsec. (g)(3). Pub. L. 89–97, §§ 306(c)(8), 308(d)(5), (13), inserted “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1)” following subpar. (B), substituted “surviving divorced mother” for “former wife divorced” in two places, and redesignated former par. (4) as (3), respectively. Pub. L. 89–97, § 308(d)(12), repealed former par. (3) which had provided that:

“In the case of any widow or former wife divorced of an individual—

“(A) who marries another individual, and

“(B) whose marriage to the individual referred to in subparagraph (A) is terminated by his death but she is not, and upon filing application therefor in the month in which he died would not be, entitled to benefits for such month on the basis of his wages and self-employment income,

the marriage to the individual referred to in clause (A) shall, for purpose of paragraph (1), be deemed not to have occurred. No benefits shall be payable under this subsection by reason of the preceding sentence for any month prior to whichever of the following is the latest: (i) the month in which the death referred to in subparagraph (B) of the preceding sentence occurs, (ii) the twelfth month before the month in which such widow or former wife divorced files application for purposes of this paragraph or (ii) September 1958.”

Subsec. (g)(4). Pub. L. 89–97, § 308(d)(13), redesignated former par. (4) as (3).

Subsec. (h)(4). Pub. L. 89–97, § 306(c)(9), inserted in text following subpar. (B) “but subject to subsection (s)” after “notwithstanding the provisions of paragraph (1) of this subsection”.

Subsec. (h)(4)(A). Pub. L. 89–97, § 308(d)(2)(A), inserted reference to subsec. (b) of this section.

Subsec. (j)(1). Pub. L. 89–97, § 303(d), inserted “under this subchapter” after “any benefit”.

Subsec. (j)(2). Pub. L. 89–97, § 328(a), provided that an application for monthly benefits filed before the first month in which the applicant satisfies the requirements for such benefits shall be deemed a valid application only if the applicant satisfies the requirements for such benefits before the Secretary makes a final decision on the application and that the application shall be deemed to have been filed in the first month if the applicant is found to satisfy the requirements for entitlement.

Subsec. (k)(2)(B). Pub. L. 89–97, § 333(c)(1), inserted “(other than an individual to whom subsection (e)(4) or (f)(5) applies)” after “Any individual” and inserted provision limiting to the largest of such benefits any individual who is entitled for any month to more than one widow’s or widower’s benefits to which subsections (e)(4) or (f)(5) of this section applies.

Subsec. (k)(3). Pub. L. 89–97, § 333(c)(2), designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (k)(4). Pub. L. 89–97, § 304(a), added par. (4).

Subsec. (p). Pub. L. 89–97, § 324(a), removed the 2-year limit on the allowed extension during which, for good cause shown, applications or proof may be filed and still be deemed filed within the prescribed period for filing applications or proof.

Subsec. (q). Pub. L. 89–97, § 304(b), substituted “Reduction of old-age, disability, wife’s, husband’s, or widow’s insurance benefit amounts” for “Adjustment of old-age, wife’s or husband’s insurance benefit amounts in accordance with age of beneficiary” in heading.

Subsec. (q)(1). Pub. L. 89–97, § 307(b)(1), made provisions preceding subpar. (A) and the ^5⁄9 of 1 percent reduction in subpar. (A) applicable to widow’s insurance benefit, substituted “retirement age” for “age 65” in provisions preceding subpar. (A) and subpar. (B)(i) and (ii), substituted “(6)” and “(7)” for “(5)” and “(6)” in subpar. (B)(i) and (ii) and “any month” for “any other month” in subpar. (B)(ii).

Subsec. (q)(2). Pub. L. 89–97, § 304(c), added par. (2) and redesignated former par. (2) as (3).

Subsec. (q)(3)(A). Pub. L. 89–97, §§ 304(c), 307(b)(2), redesignated former par. (2) as (3), and made provisions of subpar. (A) applicable to widow’s insurance benefit and inserted “(in the case of a wife’s or husband’s insurance benefit) or age 60 (in the case of a widow’s insurance benefit)” after “age 62”, respectively. Former par. (3) redesignated (4).

Subsec. (q)(3)(B). Pub. L. 89–97, § 304(c), (d), redesignated former par. (2) as (3), and substituted “benefit and is not entitled to a disability insurance benefit” for “benefit” the first time it appeared and inserted in cls. (i) and (ii) “for such month” after “paragraph (1)”, respectively. Former par. (3) redesignated (4).

Subsec. (q)(3)(C). Pub. L. 89–97, § 304(c), (e), redesignated former par. (2) as (3), and made provisions of subpar. (C) applicable to widow’s insurance benefit, inserted cl. (i), incorporated existing provisions in cl. (ii), and inserted in such cl. (ii) “for such month” and “(before reduction under this subsection)” after “disability insurance benefit”, respectively. Former par. (3) redesignated (4).

Subsec. (q)(3)(D), (E). Pub. L. 89–97, §§ 304(c), 307(b), (3), (4), redesignated former par. (2) as (3), made provisions of subpar. (D) applicable to widow’s insurance benefit, and added subpar. (E), respectively. Former par. (3) redesignated (4).

Subsec. (q)(3)(F), (G). Pub. L. 89–97, § 304(c), (f), redesignated former par. (2) as (3) and added subpars. (F) and (G), respectively. Former par. (3) redesignated (4).

Subsec. (q)(4). Pub. L. 89–97, § 304(c), (g), redesignated former par. (3) as (4) and renumbered in text following subpar. (B) cross references to par. (2) as (3) in three places, and substituted in subpar. (A) “under paragraph (1) or (3) of this subsection” for “under this subsection”, respectively. Former par. (4) redesignated (5).

Subsec. (q)(5)(D). Pub. L. 89–97, §§ 304(c), 307(b)(5), redesignated former par. (4) as (5) and added subpar. (D), respectively. Former par. (5) redesignated (6).

Subsec. (q)(6). Pub. L. 89–97, §§ 304(c), 307(b)(6), redesignated former par. (5) as (6) and renumbered in subpar. (A)(ii) cross reference to par. (4) as (5), and made provisions preceding subpar. (A) and provisions of subpar. (A)(i) applicable to widow’s insurance benefit and substituted in subpar. (B) “retirement age” for “age 65”, respectively. Former par. (6) redesignated (7).

Subsec. (q)(7). Pub. L. 89–97, §§ 304(c), (h), 307(b)(7), redesignated former par. (6) as (7) and renumbered in text preceding subpar. (A) cross reference to par. (5) as (6), added subpar. (F), and made provisions preceding subpar. (A) applicable to widow’s insurance benefit and added subpars. (D), (E), respectively. Former par. (7), redesignated (8).

Subsec. (q)(8). Pub. L. 89–97, § 304(c), (i), redesignated former par. (7) and (8) and renumbered cross reference to par. (2) as (3), and substituted “(1), (2),” for “(1)”, respectively.

Subsec. (q)(9). Pub. L. 89–97, § 307(b)(8), added par. (9).

Subsec. (r)(2). Pub. L. 89–97, § 304(j), inserted “(but for subsection (k)(4) of this section)” after “eligible”.

Subsec. (s). Pub. L. 89–97, § 306(c)(1), added subsec. (s).

Subsec. (t)(9). Pub. L. 89–97, § 104(a)(1), added par. (9).

Subsec. (u)(1). Pub. L. 89–97, § 104(a)(2), inserted “in determining whether such individual is entitled to insurance benefits under part A of subchapter XVII for any such month,”.

Subsec. (v). Pub. L. 89–97, § 319(d), added subsec. (v).

1961—Subsec. (a)(2). Pub. L. 87–64, § 102(a), substituted “has attained age 62” for “has attained retirement age (as defined in section 416(a) of this title)”.

Subsec. (b)(1). Pub. L. 87–64, § 102(a), (e), (1), (2), substituted “age 62” for “retirement age” in two places, “less than one-half of the primary insurance amount of her husband” for “less than one-half of an old-age or disability insurance benefit of her husband”, and “equal to or exceeds one-half of the primary insurance amount of her husband” for “equal to or exceeds one-half of an old-age or disability insurance benefit of her husband”.

Subsec. (b)(2). Pub. L. 87–64, § 102(e)(3), substituted “primary insurance amount” for “old-age or disability insurance benefit.”

Subsec. (c)(1). Pub. L. 87–64, § 102(a), (e), (4), (5), substituted “has attained age 62” for “has attained retirement age” in cl. (B), “based on a primary insurance amount which is less than one-half” for “each of which is less than one-half” in cl. (D), and “based on a primary insurance amount which is equal to or exceeds one-half” for “equal to or exceeding one-half” in closing provisions.

Subsec. (c)(2)(A). Pub. L. 87–64, § 102(a), substituted “attainment of age 62” for “attainment of retirement age”.

Subsec. (c)(3). Pub. L. 87–64, § 102(e)(6), substituted “Except as provided in subsection (q) of this section, such” for “Such”.

Subsec. (e)(1). Pub. L. 87–64, §§ 102(a), 104(d)(1), substituted “has attained age 62” for “has attained retirement age” in subpar. (B), “attainment of age 62” for “attainment of retirement age” and “attained age 62” for “attained retirement age” in subpar. (C), and “82½ percent” for “three-fourths” in subpar. (D) and in closing provisions.

Subsec. (e)(2). Pub. L. 87–64, § 104(a), substituted “82½ percent” for “three-fourths”.

Subsec. (f)(1). Pub. L. 87–64, §§ 102(a), 104(d)(1), substituted “has attained age 62” for “has attained retirement age” in subpar. (B), and “82½ percent” for “three-fourths” in subpar. (E) and in closing provisions.

Subsec. (f)(2)(A). Pub. L. 87–64, § 102(a), substituted “attainment of age 62” for “attainment of retirement age”.

Subsec. (f)(3). Pub. L. 87–64, § 104(b), substituted “82½ percent” for “three-fourths”.

Subsec. (h)(1). Pub. L. 87–64, §§ 102(a), 104(d)(2), substituted “has attained age 62” for “has attained retirement age” in subpar. (A), and “82½ percent of the primary insurance amount of such deceased individual if the amount of the parent’s insurance benefit for such month is determinable under paragraph (2)(A) (or 75 percent of such primary insurance amount in any other case)” for “three-fourths of the primary insurance amount of such deceased individual” in subpar. (D) and in closing provisions.

Subsec. (h)(2). Pub. L. 87–64, § 104(c), designated existing provisions as subpar. (A), increased the benefit from three-fourths to 82½ percent of the primary insurance amount, and added subpars. (B) and (C).

Subsec. (j). Pub. L. 87–64, § 102(b)(3), extended provisions which formerly authorized waiver of old-age benefits or wife’s benefits by a woman to permit waiver of any benefit by any individual.

Subsec. (q). Pub. L. 87–64, § 102(b)(1), among other changes, authorized adjustment of the old-age insurance benefits for men and of the husband’s insurance benefits for months prior to the month in which the individual attains age 65, simplified the formula for reducing benefits, and, in cases where an individual is entitled to a reduced benefit and such benefit is increased by reason of an increase in the primary insurance amount, required separate computation of the increase for and after the first month for which such increase is effective.

Subsec. (r). Pub. L. 87–64, § 102(b)(1), extended application of the subsection to men, and provided in cases where an individual is entitled to a disability insurance benefit for the same month for which an application for a reduced wife’s or husband’s insurance benefit is effective, that the individual will be deemed to have filed an application for old-age insurance benefit in the first subsequent month for which the individual is not entitled to a disability insurance benefit.

Subsec. (s). Pub. L. 87–64, § 102(b)(2)(A), repealed subsec. (s) which related to female disability insurance beneficiaries.

1960—Subsec. (d)(1). Pub. L. 86–778, §§ 201(a), (b), 205(a), 403(d), among other changes, struck out “after 1939” after “fully or currently insured individual” in opening clause, substituted “a period of disability which continued until he became entitled to old-age or disability insurance benefits, or (if he has died) until the month of his death, at the beginning of such period of disability or at the time he became entitled to such benefits” for “a period of disability which did not end prior to the month in which he became entitled to old-age or disability insurance benefits or (if he has died) prior to the month in which he died, at the beginning of such period or at the time he became entitled to such benefits or died)” in subpar. (C), and inserted provisions making subpar. (C)(1) inapplicable, in the case of an individual entitled to disability insurance benefits, to a child of such individual unless he is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual) or was legally adopted by such individual before the end of the 24–month period beginning with the month after the month in which such individual most recently became entitled to disability insurance benefits, and substituted provisions authorizing the payment of benefits until the month preceding the third month following the month in which a child ceases to be under a disability (as so defined) after the month in which he attains age 18 for provisions which authorized payment of benefits until the child ceases to be under a disability (as so defined) on or after the day on which he attains age 18.

Subsec. (d)(2). Pub. L. 86–778, § 301(a), struck out provisions which required each child’s insurance benefit, if there is more than one child entitled to benefits on the basis of an individual’s wages and self-employment income, to be equal to the sum of (A) one-half of the primary insurance amount of the individual, and (B) one-fourth of the primary insurance amount divided by the number of such children.

Subsec. (d)(3). Pub. L. 86–778, §§ 202(a), 208(d), inserted provisions requiring that for purposes of such paragraph, a child deemed to be a child of a fully or currently insured individual pursuant to section 416(h)(2)(B) of this title, shall, if such individual is the child’s father, be deemed to be the legitimate child of such individual, and struck out subpar. (C) which related to a child living with and receiving more than one-half of his support from his stepfather.

Subsec. (e)(1). Pub. L. 86–778, § 205(a), struck out “after 1939” after “died a fully insured individual” in opening clause.

Subsec. (f)(1). Pub. L. 86–778, § 205(b), struck out “after August 1950” after “died a fully and currently insured individual” in opening clause.

Subsecs. (g)(1), (h)(1). Pub. L. 86–778, § 205(a), struck out “after 1939” after “died a fully or currently insured individual” in opening clause.

Subsec. (i). Pub. L. 86–778, §§ 103(a), (j)(2)(C), 203(a), amended second and third sentences to require payment to the funeral home to the extent of the unpaid expenses if all or part of the burial expenses remain unpaid, and to prescribe the manner of payment of any balance that may remain after the funeral home and the persons equitably entitled thereto have received payment, and substituted “the Commonwealth of Puerto Rico, the Virgin Islands, Guam, or American Samoa” for “Puerto Rico, or the Virgin Islands”, “section 410(l)(1) of this title” for “section 410(m)(1) of this title”, and “is returned to any State” for “is returned to any of such States, or the District of Columbia”.

Pub. L. 86–624 substituted “fifty States” for “forty-nine States”.

Subsec. (n). Pub. L. 86–778, § 211(i), substituted “Section 403(b), (c), and (d) of this title” for “Section 403 (b) and (c) of this title” in last sentence of cl. (1).

Subsec. (q)(5). Pub. L. 86–778, § 211(j), substituted “under section 403(b) of this title or paragraph (1) of section 403(c) of this title” for “under paragraph (1) or (2) of section 403(b) of this title” in cl. (A), and “section 403(b), under section 403(c)(1), under section 403(d)(1), or under section 422(b) of this title” for “paragraph (1) or (2) of section 403(b) of this title, under section 403(c) of this title, or under section 422(b) of this title” in cl. (B).

Subsec. (q)(6). Pub. L. 86–778, § 211(k), substituted “section 403(b), under section 403(c)(1), under section 403(d)(1), or under section 422(b) of this title” for “section 403(b) (1) or (2), under section 403(c), or under section 422(b) of this title” in cl. (A), and “under section 403(b) of this title or paragraph (1) of section 403(c) of this title” for “under paragraph (1) or (2) of section 403(b) of this title” in cl. (D).

Subsec. (t)(4)(D). Pub. L. 86–778, § 103(j)(2)(D), substituted “section 410(l)(2)” for “section 410(m)(2)”, “section 410(l)(3)” for “section 410(m)(3)”, and “section 410(m)” for “section 410(n)”, wherever appearing.

Subsec. (t)(7). Pub. L. 86–778, § 211(l), substituted “Subsections (b), (c), and (d) of section 403 of this title” for “Subsections (b) and (c) of section 403 of this title”.

1959—Subsec. (i). Pub. L. 86–70 substituted “forty-nine States” for “forty-eight States”.

1958—Subsec. (b). Pub. L. 85–840, § 205(b), substituted “old-age or disability insurance” for “old-age insurance” in seven places, and inserted provisions terminating the wife’s insurance benefit the month preceding the first month in which her husband is not entitled to disability insurance benefits and is not entitled to old-age insurance benefits.

Subsec. (c)(1). Pub. L. 85–840, § 205(c), substituted “old-age or disability insurance” for “old-age insurance” wherever appearing, inserted provisions in subpar. (C) entitling the husband to an insurance benefit if he was receiving at least one-half of his support from the individual if she had a period of disability which did not end prior to the month in which she became entitled to old-age or disability insurance benefits, at the beginning of such period or at the time she became entitled to such benefits provided he filed proof of such support within two years after the month in which she filed application with respect to such period of disability or after the month in which she became entitled to such benefits, and inserted provisions terminating the husband’s insurance benefit the month preceding the first month in which his wife is not entitled to disability insurance benefits and is not entitled to old-age insurance benefits.

Subsec. (c)(2), (3). Pub. L. 85–840, § 301(a)(1), added par. (2) and redesignated former par. (2) as (3).

Subsec. (d)(1). Pub. L. 85–840, § 205(d), inserted provisions entitling the child of an individual entitled to disability insurance benefits to insurance benefits if the child was dependent upon such individual if such individual had a period of disability which did not end prior to the month in which he became entitled to old-age or disability insurance benefits or (if he has died) prior to the month in which he died, at the beginning of such period or at the time he became entitled to such benefits or died, and providing that the benefits to a child of a disability insurance beneficiary shall cease with the month before the first month for which the individual is not entitled to such benefits unless such individual is, for such later month, entitled to old-age insurance benefits or unless he dies in such month.

Subsec. (d)(3) to (5). Pub. L. 85–840, § 306(a), struck out “who has not attained the age of eighteen” after “A child” wherever appearing.

Subsec. (d)(6). Pub. L. 85–840, § 307(a), added par. (6), and Pub. L. 85–840, § 306(a), repealed former par. (6), which related to dependency of a child who has attained the age of eighteen and who is under a disability which began before he attained the age of eighteen.

Subsec. (e)(3)(B). Pub. L. 85–840, § 301(b)(1), substituted “which occurs within one year after such marriage and he did not die a fully insured individual” for “but she is not his widow (as defined in section 416(c) of this title)”.

Subsec. (e)(4). Pub. L. 85–840, § 307(b), added par. (4).

Subsec. (f)(1)(D). Pub. L. 85–840, § 205(e), inserted provisions entitling a widower to an insurance benefit if he was receiving at least one-half of his support from the individual, if the individual had a period of disability which did not end prior to the month in which she died, at the time such period began, or at the time of her death, or at the time she became entitled to old-age or disability insurance benefits, and he filed proof of such support within two years after the month in which she filed application with respect to the period of disability or two years after the date of her entitlement to old-age or disability insurance benefits or her death.

Subsec. (f)(2), (3). Pub. L. 85–840, § 301(c)(1), added par. (2) and redesignated former par. (2) as (3).

Subsec. (f)(4). Pub. L. 85–840, § 307(c), added par. (4).

Subsec. (g)(1)(F). Pub. L. 85–840, § 205(f), inserted provisions entitling a former wife divorced to an insurance benefit, if she was receiving at least one-half of her support from an individual, if the individual had a period of disability which did not end prior to the month in which he died, at the time such period began or at the time of his death.

Subsec. (g)(3). Pub. L. 85–840, § 303(a), added par. (3). Another par. (3), which was added by Pub. L. 85–798, was repealed by Pub. L. 85–840, § 303(b), effective with respect to benefits payable for any month following August 1958.

Subsec. (g)(4). Pub. L. 85–840, § 307(d), added par. (4).

Subsec. (h)(1). Pub. L. 85–840, § 304(a)(1), struck out from opening clause provisions which prevented payment of a parent’s benefit if the deceased individual left a widow who met the conditions in subsec. (e)(1)(D) of this section, a widower who met the conditions in subsec. (f)(1)(D) of this section, an unmarried child under the age of eighteen deemed dependent on such individual under subsec. (d)(3), (4), or (5) of this section, or an unmarried child who had attained the age of eighteen and was under a disability which began before he attained such age and who is deemed dependent on such individual under subsec. (d)(6) of this section.

Subsec. (h)(1)(B). Pub. L. 85–840, § 205(g), inserted provisions entitling a parent to an insurance benefit if the parent was receiving at least one-half of his support from the individual, if the individual had a period of disability which did not end prior to the month in which he died, at the time such period began or at the time of such death, and the parent filed proof of such support within two years after the month in which the individual filed application with respect to such period of disability or two years after the date of such death.

Subsec. (h)(4). Pub. L. 85–840, § 307(e), added par. (4).

Subsec. (i). Pub. L. 85–840, § 305(a), required a widow or widower to be living in the same household with the deceased at the time of death in order to receive a lump-sum death payment.

Subsec. (k). Pub. L. 85–840, § 205(h), substituted “old-age or disability insurance” for “old-age insurance” wherever appearing.

Subsec. (m). Pub. L. 85–840, § 101(e), substituted “less than the first figure in column IV of the table in section 415(a) of this title” for “less than $30”, and “increased to the first figure in column IV of the table in section 415(a) of this title” for “increased to $30”.

Subsec. (o). Pub. L. 85–857 substituted “described in section 3005 of Title 38” for “prescribed under section 601 of the Servicemen’s and Veterans’ Survivor Benefits Act”.

Subsec. (q)(5). Pub. L. 85–840, § 205(i)(1), (2), inserted reference to section 422(b) of this title in subpar. (B), added subpar. (D), and substituted “clauses (A), (B), (C), and (D)” for “clauses (A), (B), and (C)” in closing provisions.

Subsec. (q)(6). Pub. L. 85–840, § 205(i)(3), (4), inserted reference to section 422(b) of this title in subpar. (A), added subpar. (C), redesignated former subpar. (C) as (D), and substituted “clauses (A), (B), (C), and (D))” for “clauses (A), (B), and (C)” in closing provisions.

Subsec. (t)(4)(E). Pub. L. 85–927 added par. (E).

1957—Subsec. (b)(1). Pub. L. 85–238, § 3(a), redesignated subpar. (D) as (C), and repealed former subpar. (C) which required the wife to be living with her husband at the time the application for benefits was filed.

Subsec. (c)(1). Pub. L. 85–238, § 3(b), redesignated subpars. (D) and (E) as (C) and (D), respectively, and repealed former subpar. (C) which required the husband to be living with his wife at the time the application for benefits was filed.

Subsec. (e)(1). Pub. L. 85–238, § 3(c), redesignated subpar. (E) as (D), and repealed former subpar. (D) which required the widow to be living with her husband at the time of his death.

Subsec. (f)(1). Pub. L. 85–238, § 3(d), redesignated subpars. (E) and (F) as (D) and (E), respectively, and repealed former subpar. (D) which required the widower to be living with his wife at the time of her death.

Subsec. (g)(1)(F). Pub. L. 85–238, § 3(e), struck out provisions which required the widow to be living with her husband at the time of his death.

Subsec. (h)(1). Pub. L. 85–238, § 3(f), struck out references to subpar. (E) of subsec. (e)(1) of this section and to subpar. (F) of subsec. (f)(1) of this section.

Subsec. (p)(1). Pub. L. 85–238, § 3(g), substituted “subparagraph (C) of subsection (c)(1)” for “subparagraph (D) of subsection (c)(1)” and “subparagraph (D) of subsection (f)(1)” for “subparagraph (E) of subsection (f)(1)”.

Subsec. (t)(4)(D). Pub. L. 85–238, § 1, added subpar. (D).

1956—Subsec. (a). Act Aug. 1, 1956, ch. 836, § 102(d)(1), inserted “Except as provided in subsection (q)”.

Subsec. (a)(3). Act Aug. 1, 1956, ch. 836, § 103(c)(1), included an individual entitled to disability insurance benefits for the month preceding the month in which he attained the age of 65.

Subsec. (b)(1). Act Aug. 1, 1956, ch. 836, § 102(d)(2), (3), substituted “old-age insurance benefits based on a primary insurance amount which” for “old-age insurance benefits each of which” in cl. (D), and “old-age insurance benefit based on a primary insurance amount which is equal to or exceeds” for “old-age insurance benefit equal to or exceeding” in provisions following cl. (D).

Subsec. (b)(2). Act Aug. 1, 1956, ch. 836, § 102(d)(4), inserted “Except as provided in subsection (q) of this section”.

Subsec. (c)(1). Act. Aug. 1, 1956, ch. 836, § 102(d)(5), (6), substituted “the primary insurance amount of his wife” for “an old-age insurance benefit of his wife” in cl. (E), and in provisions following cl. (E).

Subsec. (c)(2). Act Aug. 1, 1956, ch. 836, § 102(d)(7), substituted “primary insurance amount” for “old-age insurance benefit”.

Subsec. (d)(1). Act Aug. 1, 1956, ch. 836, § 101(a), authorized child’s insurance benefit for children, who at the time of filing application, are under a disability which began before they attained the age of 18, and permitted payment of such benefit until such disability ceases.

Subsec. (d)(2). Act Aug. 1, 1956, ch. 836, § 102(d)(7), substituted “primary insurance amount” for “old-age insurance benefit”.

Subsec. (d)(3) to (5). Act Aug. 1, 1956, ch. 836, § 101(b)(1), substituted “A child who has not attained the age of eighteen” for “A child” wherever appearing in such paragraphs.

Subsec. (d)(6). Act Aug. 1, 1956, ch. 836, § 101(b)(2), added par. (6).

Subsec. (e)(3). Act Aug. 1, 1956, ch. 836, § 113, added par. (3).

Subsec. (h)(1). Act Aug. 1, 1956, ch. 836, § 101(c), precluded payment of parent’s benefit if an individual dies leaving an unmarried child over 18 who is under a disability which began before the age of 18 and who is deemed dependent on such individual.

Subsec. (i). Act Aug. 1, 1956, ch. 837, § 403(a), substituted “January 1, 1957” for “April 1956”, and inserted provisions authorizing payment of lump-sum death payment in the case of any individual who died outside the United States and the District of Columbia after December 1956 while performing service, as a member of a uniformed service, to which the provisions of section 410(m)(1) of this title are applicable.

Subsec. (j)(3). Act Aug. 1, 1956, ch. 836, § 102(d)(8), added par. (3).

Subsec. (k)(2)(B). Act Aug. 1, 1956, ch. 836, § 103(c)(2), inserted reference to section 423 of this title.

Subsec. (k)(3). Act Aug. 1, 1956, ch. 836, § 102(d)(9), inserted provisions requiring reduction under subsection (q) of this section, and provided that the reduction should be not below zero.

Subsec. (m). Act Aug. 1, 1956, ch. 836, § 102(d)(10), inserted references to subsection (q) of this section.

Subsec. (n)(1)(A). Act Aug. 1, 1956, ch. 836, § 103(c)(3), inserted reference to section 423 of this title.

Subsec. (o). Act Aug. 1, 1956, ch. 837, § 407, added subsec. (o).

Subsec. (p). Act Aug. 1, 1956, ch. 836, § 114(a), added subsec. (p).

Subsecs. (q) to (s). Act Aug. 1, 1956, ch. 836, § 102(c), added subsecs. (q) to (s).

Subsecs. (t), (u). Act Aug. 1, 1956, ch. 836, §§ 118(a), 121(a), added subsecs. (t) and (u), respectively.

1955—Subsec. (i). Act Aug. 9, 1955, made subsection applicable to cases of deaths occurring before April 1956.

1954—Subsec. (e)(1)(C). Act Sept. 1, 1954, § 110(a), provided that applications for widow’s insurance benefits would not be required if the widow was entitled to a mother’s insurance benefit in the month prior to the month in which she attained retirement age.

Subsec. (g)(1)(D). Act Sept. 1, 1954, § 110(b), provided that applications for mother’s insurance benefits would not be required if the widow was entitled to a wife’s insurance benefit for the month preceding the month in which the insured individual died.

Subsec. (i). Act Sept. 1, 1954, §§ 102(i)(2), 110(c), inserted “, or an amount equal to $255, whichever is the smaller” after “primary insurance amount.”, and provided that an application for a lump-sum death payment would not be required from an individual who was entitled to wife’s or husband’s insurance benefits for the month preceding the month in which the insured individual died.

Subsec. (j)(1). Act Sept. 1, 1954, § 105(a), substituted “twelfth” for “sixth”.

Subsecs. (m), (n). Act Sept. 1, 1954, §§ 102(i)(1), 107, added subsecs. (m) and (n), respectively.

1953—Subsec. (i). Act Aug. 14, 1953, made subsec. (i) applicable to cases of deaths occurring before July 1955.

1950—Subsec. (a). Act Aug. 28, 1950, changed the name of the benefit provided by this subsection from “primary insurance benefit” to “old-age insurance benefit”, and continued the conditions under which an individual becomes entitled to the benefits.

Subsec. (b). Act Aug. 28, 1950, continued the conditions required for the wife to be entitled to benefits.

Subsec. (c). Act Aug. 28, 1950, provided benefits for the dependent husband of a female old-age insurance beneficiary who was currently insured at the time of her entitlement to the old-age insurance benefit.

Subsec. (d). Act Aug. 28, 1950, increased the total amount of the family benefits in a survivor family in which there is at least one entitled child by one-fourth of the worker’s old-age benefit and restates the circumstances under which a child is deemed dependent upon an individual.

Subsec. (e). Act Aug. 28, 1950, permitted a wife entitled to wife’s insurance benefits to become entitled to widow’s insurance benefits upon the husband’s death without filing a new application.

Subsec. (f). Act Aug. 28, 1950, provided benefits for the dependent widower of a woman who is fully and currently insured at the time of her death.

Subsec. (g). Act Aug. 28, 1950, changed title of widow’s current insurance benefits to mother’s insurance benefits and provided for payment of such benefits to the divorced wife of a deceased insured worker if she had been receiving at least half her support from the worker, and if she is caring for her son, daughter, or legally adopted child who is receiving benefits on the worker’s wage record.

Subsec. (h). Act Aug. 28, 1950, changed the requirement that a parent must have been chiefly dependent upon and supported by the wage earner to the requirement that the parent only need have been receiving one-half his support in order for the parent to be found a dependent.

Subsec. (i). Act Aug. 28, 1950, limited the amount of the lump-sum death payment to three times the worker’s primary insurance amount instead of six times the amount.

Subsec. (j). Act Aug. 28, 1950, increased from 3 to 6 the number of months for which benefits may be paid retroactively to individuals who failed to file their applications as soon as they were otherwise eligible.

Subsecs. (k), (l). Act Aug. 28, 1950, added subsecs. (k) and (l).

1946—Subsec. (c). Act Aug. 10, 1946, § 402, changed par. (1) to prevent termination of benefits on adoption by a stepparent, grandparent, aunt or uncle and changed par. (3)(C) to omit qualification as to the time of such individual’s death and to require the child to be chiefly supported by the stepfather.

Subsec. (f)(1). Act Aug. 10, 1946, § 403(a), provided that benefit payments to parents are prevented only if the individual leaves a widow or child who could become entitled to benefits and required parents to be chiefly instead of wholly dependent.

Subsec. (g). Act Aug. 10, 1946, § 404(a), required that a widow or widower must have been living with deceased at time of death to be entitled to a lump sum payment and provided that if there was no such spouse, the payment will be made to the person or persons equitably entitled thereto in the proportion and to the extent that he or they have paid the burial expenses.

Subsec. (h). Act Aug. 10, 1946, § 405(a), extended provision for payment of benefits retroactively for three months to the primary beneficiary and provided that retroactive benefits shall be reduced so as not to render erroneous any benefit previously paid.

1939—Act Aug. 10, 1939, amended section generally.

Statutory Notes and Related Subsidiaries

Change of Name

Reference to Administrator of Veterans’ Affairs deemed to refer to Secretary of Veterans Affairs pursuant to section 10 of Pub. L. 100–527, set out as a Department of Veterans Affairs Act note under section 301 of Title 38, Veterans’ Benefits.

Effective Date of 2025 Amendment

Pub. L. 118–273, § 4, Jan. 5, 2025, 138 Stat. 3232, provided that: “The amendments made by this Act [amending this section and section 415 of this title] shall apply with respect to monthly insurance benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 2023. Notwithstanding section 215(f) of the Social Security Act [42 U.S.C. 415(f)], the Commissioner of Social Security shall adjust primary insurance amounts to the extent necessary to take into account the amendments made by section 3 [amending this section and section 415 of this title].”

Effective Date of 2015 Amendment

Pub. L. 114–74, title VIII, § 831(a)(3), Nov. 2, 2015, 129 Stat. 612, provided that: “The amendments made by this subsection [amending this section] shall apply with respect to individuals who attain age 62 in any calendar year after 2015.”

Pub. L. 114–74, title VIII, § 831(b)(3), Nov. 2, 2015, 129 Stat. 613, provided that: “The amendments made by this subsection [amending this section] shall apply with respect to requests for benefit suspension submitted beginning at least 180 days after the date of the enactment of this Act [Nov. 2, 2015].”

Effective Date of 2014 Amendment

Pub. L. 113–270, § 5, Dec. 18, 2014, 128 Stat. 2950, provided that: “The amendments made by this Act [amending this section] shall apply with respect to benefits paid for any month beginning after the date of the enactment of this Act [Dec. 18, 2014].”

Effective Date of 2004 Amendment

Pub. L. 108–203, title II, § 203(d), Mar. 2, 2004, 118 Stat. 511, provided that: “The amendments made by this section [amending this section and sections 1004 and 1382 of this title] shall take effect on the first day of the first month that begins on or after the date that is 9 months after the date of enactment of this Act [Mar. 2, 2004].”

Pub. L. 108–203, title IV, § 412(c), Mar. 2, 2004, 118 Stat. 528, provided that: “(1) In general.—The amendment made by—“(A) subsection (a)(1) [amending this section] shall apply to individuals with respect to whom the Commissioner of Social Security receives a removal notice after the date of the enactment of this Act [Mar. 2, 2004]; “(B) subsection (a)(2) [amending this section] shall apply with respect to notifications of removals received by the Commissioner of Social Security after the date of enactment of this Act; and “(C) subsection (a)(3) [amending this section] shall be effective as if enacted on March 1, 1991. “(2) Subsequent correction of cross-reference and terminology.—The amendments made by subsections (a)(4) and (b)(1) [amending this section] shall be effective as if enacted on April 1, 1997. “(3) References to the secretary of homeland security.—The amendment made by subsection (b)(2) [amending this section] shall be effective as if enacted on March 1, 2003.”

Pub. L. 108–203, title IV, § 418(c), Mar. 2, 2004, 118 Stat. 533, provided that: “(1) In general.—The amendments made by this section [amending this section and section 426 of this title] shall apply with respect to applications for benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] filed on or after the first day of the first month that begins after the date of enactment of this Act [Mar. 2, 2004], except that such amendments shall not apply in connection with monthly periodic benefits of any individual based on earnings while in service described in section 202(k)(5)(A) of the Social Security Act [42 U.S.C. 402(k)(5)(A)] (in the matter preceding clause (i) thereof) if the last day of such service occurs before July 1, 2004. “(2) Transitional rule.—In the case of any individual whose last day of service described in subparagraph (A) of section 202(k)(5) of the Social Security Act (as added by subsection (a) of this section) occurs within 5 years after the date of enactment of this Act—“(A) the 60-month period described in such subparagraph (A) shall be reduced (but not to less than 1 month) by the number of months of such service (in the aggregate and without regard to whether such months of service were continuous) which—“(i) were performed by the individual under the same retirement system on or before the date of enactment of this Act, and “(ii) constituted ‘employment’ as defined in section 210 of the Social Security Act [42 U.S.C. 410]; and “(B) months of service necessary to fulfill the 60-month period as reduced by subparagraph (A) of this paragraph must be performed after the date of enactment of this Act.”

Pub. L. 108–203, title IV, § 420A(b), Mar. 2, 2004, 118 Stat. 535, provided that: “The amendments made by subsection (a) [amending this section] shall be effective with respect to benefits payable for months beginning with the 7th month that begins after the date of enactment of this Act [Mar. 2, 2004].”

Effective Date of 2000 Amendment

Pub. L. 106–182, § 5, Apr. 7, 2000, 114 Stat. 199, provided that: “The amendments made by this Act [amending this section and section 403 of this title] shall apply with respect to taxable years ending after December 31, 1999.”

Effective Date of 1999 Amendment

Pub. L. 106–170, title IV, § 402(a)(4), Dec. 17, 1999, 113 Stat. 1908, provided that: “The amendments made by this subsection [amending this section, section 1382 of this title, and section 552a of Title 5, Government Organization and Employees] shall apply to individuals whose period of confinement in an institution commences on or after the first day of the fourth month beginning after the month in which this Act is enacted [Dec. 1999].”

Pub. L. 106–170, title IV, § 402(b)(2), Dec. 17, 1999, 113 Stat. 1908, provided that: “The amendments made by this subsection [amending this section] shall apply to individuals whose period of confinement in an institution commences on or after the first day of the fourth month beginning after the month in which this Act is enacted [Dec. 1999].”

Pub. L. 106–170, title IV, § 402(d)(3), Dec. 17, 1999, 113 Stat. 1909, provided that: “The amendments made by this subsection [amending this section] shall apply with respect to benefits for months ending after the date of the enactment of this Act [Dec. 17, 1999].”

Pub. L. 106–169, title II, § 207(e), Dec. 14, 1999, 113 Stat. 1839, provided that: “The amendments made by this section [enacting section 1320a–8a of this title, amending this section and section 1382 of this title, and enacting provisions set out as a note under section 1320a–8a of this title] shall apply to statements and representations made on or after the date of the enactment of this Act [Dec. 14, 1999].”

Effective Date of 1996 Amendment

Amendment by section 308(g)(1) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of Title 8, Aliens and Nationality.

Pub. L. 104–208, div. C, title V, § 503(b), Sept. 30, 1996, 110 Stat. 3009–671, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to benefits for which applications are filed on or after the first day of the first month that begins at least 60 days after the date of the enactment of this Act [Sept. 30, 1996].”

Pub. L. 104–121, title I, § 104(a)(2), Mar. 29, 1996, 110 Stat. 851, provided that: “The amendment made by paragraph (1) [amending this section] shall apply with respect to benefits of individuals who become entitled to such benefits for months after the third month following the month in which this Act is enacted [March 1996].”

Pub. L. 104–121, title I, § 104(b)(3), Mar. 29, 1996, 110 Stat. 852, provided that: “(A) The amendments made by paragraph (1) [amending this section] shall apply with respect to final divorces occurring after the third month following the month in which this Act is enacted [March 1996]. “(B) The amendment made by paragraph (2) [amending this section] shall take effect on the date of the enactment of this Act [Mar. 29, 1996].”

Effective Date of 1994 Amendment

Pub. L. 103–387, § 4(b), Oct. 22, 1994, 108 Stat. 4076, provided that: “The amendments made by this section [amending this section] shall apply with respect to benefits for months commencing after 90 days after the date of the enactment of this Act [Oct. 22, 1994].”

Amendment by section 107(a)(4) of Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title.

Pub. L. 103–296, title III, § 308(c), Aug. 15, 1994, 108 Stat. 1523, provided that: “The amendments made by this section [amending this section and section 415 of this title] shall apply (notwithstanding section 215(f) of the Social Security Act [42 U.S.C. 415(f)]) with respect to benefits payable for months after December 1994.”

Pub. L. 103–296, title III, § 321(b)(1), Aug. 15, 1994, 108 Stat. 1537, provided that the amendment made by that section is effective as if included in section 603(b)(5)(A) of Pub. L. 101–649.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–649 not applicable to deportation proceedings for which notice has been provided to the alien before Mar. 1, 1991, see section 602(d) of Pub. L. 101–649, set out as a note under section 1227 of Title 8, Aliens and Nationality.

Pub. L. 101–508, title V, § 5103(e), Nov. 5, 1990, 104 Stat. 1388–253, provided that: “(1) In general.—The amendments made by this section [amending this section and sections 416, 423, 426, and 1383c of this title] (other than paragraphs (1) and (2)(C) of subsection (c) [amending sections 426 and 1383c of this title]) shall apply with respect to monthly insurance benefits for months after December 1990 for which applications are filed on or after January 1, 1991, or are pending on such date. The amendments made by subsection (c)(1) [amending section 1383c of this title] shall apply with respect to medical assistance provided after December 1990. The amendments made by subsection (c)(2)(C) [amending section 426 of this title] shall apply with respect to items and services furnished after December 1990. “(2) Application requirements for certain individuals on benefit rolls.—In the case of any individual who—“(A) is entitled to disability insurance benefits under section 223 of the Social Security Act [42 U.S.C. 423] for December 1990 or is eligible for supplemental security income benefits under title XVI of such Act [42 U.S.C. 1381 et seq.], or State supplementary payments of the type referred to in section 1616(a) of such Act [42 U.S.C. 1382e(a)] (or payments of the type described in section 212(a) of Public Law 93–66 [set out as a note under section 1382 of this title]) which are paid by the Secretary under an agreement referred to in such section 1616(a) (or in section 212(b) of Public Law 93–66 [set out as a note under section 1382 of this title]), for January 1991, “(B) applied for widow’s or widower’s insurance benefits under subsection (e) or (f) of section 202 of the Social Security Act during 1990 [42 U.S.C. 402(e), (f)], and “(C) is not entitled to such benefits under such subsection (e) or (f) for any month on the basis of such application by reason of the definition of disability under section 223(d)(2)(B) of the Social Security Act (as in effect immediately before the date of the enactment of this Act [Nov. 5, 1990]), and would have been so entitled for such month on the basis of such application if the amendments made by this section had been applied with respect to such application, for purposes of determining such individual’s entitlement to such benefits under subsection (e) or (f) of section 202 of the Social Security Act for months after December 1990, the requirement of paragraph (1)(C)(i) of such subsection shall be deemed to have been met.”

Pub. L. 101–508, title V, § 5116(b), Nov. 5, 1990, 104 Stat. 1388–274, provided that: “The amendments made by this section [amending this section] shall apply with respect to applications for benefits filed on or after January 1, 1991.”

Effective Date of 1989 Amendment

Pub. L. 101–239, title X, § 10203(b), Dec. 19, 1989, 103 Stat. 2473, provided that: “The amendments made by this section [amending this section] shall apply— “(1) in the case of any individual’s old-age insurance benefit referred to in section 202(q)(3)(E) of the Social Security Act [42 U.S.C. 402(q)(3)(E)] (as in effect before the amendments made by this section), only if such individual attains age 62 on or after January 1, 1990, and “(2) in the case of any individual’s disability insurance benefit referred to in section 202(q)(3)(F) or (G) of such Act (as so in effect), only if such individual both attains age 62 and becomes disabled on or after such date.”

Pub. L. 101–239, title X, § 10301(c), Dec. 19, 1989, 103 Stat. 2481, provided that: “The amendments made by this section [amending this section] shall apply with respect to benefits payable for months after December 1989, but only on the basis of applications filed on or after January 1, 1990.”

Pub. L. 101–239, title X, § 10302(a)(2), Dec. 19, 1989, 103 Stat. 2482, provided that: “The amendment made by paragraph (1) [amending this section] shall apply with respect to misinformation furnished after December 1982 and to benefits for months after December 1982.”

Effective Date of 1988 Amendment

Pub. L. 100–647, title VIII, § 8004(c), Nov. 10, 1988, 102 Stat. 3780, provided that: “The amendments made by this section [amending this section] shall apply only in the case of deportations occurring, and final orders of deportation issued, on or after the date of enactment of this Act [Nov. 10, 1988], and only to benefits for months beginning (and deaths occurring) on or after such date.”

Amendment by section 8007(b) of Pub. L. 100–647 applicable to benefits paid for (and items and services furnished in) months after December 1988, see section 8007(d) of Pub. L. 100–647, set out as a note under section 1402 of Title 26, Internal Revenue Code.

Pub. L. 100–647, title VIII, § 8010(c), Nov. 10, 1988, 102 Stat. 3789, provided that: “The amendments made by this section [amending this section] shall apply to benefits payable under section 202(e) or section 202(f) of the Social Security Act [42 U.S.C. 402(e), (f)] on the basis of the wages and self-employment income of an individual who dies after the month in which this Act is enacted [Nov. 10, 1988].”

Pub. L. 100–647, title VIII, § 8014(c), Nov. 10, 1988, 102 Stat. 3790, provided that: “The preceding provisions of this section (including the amendments made by subsection (a)) [amending this section and enacting provisions set out below] shall apply as if they had been included or reflected in the provisions of section 9007 of the Omnibus Budget Reconciliation Act of 1987 (101 Stat. 1330–289) [Pub. L. 100–203, amending this section and enacting provisions set out below] at the time of its enactment [Dec. 22, 1987].”

Effective Date of 1987 Amendment

Pub. L. 100–203, title IX, § 9007(f), Dec. 22, 1987, 101 Stat. 1330–292, provided that: “The amendments made by this section [amending this section] shall apply only with respect to benefits for months after December 1987; except that nothing in such amendments shall affect any exemption (from the application of the pension offset provisions contained in subsection (b)(4), (c)(2), (e)(7), (f)(2), or (g)(4) of section 202 of the Social Security Act [42 U.S.C. 402]) which any individual may have by reason of subsection (g) or (h) of section 334 of the Social Security Amendments of 1977 [section 334(g), (h) of Pub. L. 95–216, set out as notes below].”

Pub. L. 100–203, title IX, § 9010(f), Dec. 22, 1987, 101 Stat. 1330–294, provided that: “The amendments made by this section [amending this section and sections 416, 423, and 426 of this title] shall take effect January 1, 1988, and shall apply with respect to— “(1) individuals who are entitled to benefits which are payable under subsection (d)(1)(B)(ii), (d)(6)(A)(ii), (d)(6)(B), (e)(1)(B)(ii), or (f)(1)(B)(ii) of section 202 of the Social Security Act [42 U.S.C. 402] or subsection (a)(1) of section 223 of such Act [42 U.S.C. 423] for any month after December 1987, and “(2) individuals who are entitled to benefits which are payable under any provision referred to in paragraph (1) for any month before January 1988 and with respect to whom the 15-month period described in the applicable provision amended by this section has not elapsed as of January 1, 1988.”

Effective Date of 1986 Amendments

Pub. L. 99–514, title XVIII, § 1883(f), Oct. 22, 1986, 100 Stat. 2919, provided that: “Except as otherwise provided in this section, the amendments made by this section [amending this section and sections 410, 411, 415, 418, 421, 423, 602, 657, 658, 664, 674, 1301, 1320b–6, 1382a, 1383, and 1397b of this title and sections 1402 and 3121 of Title 26, Internal Revenue Code, repealing section 1397f of this title, enacting provisions set out as notes under sections 602 and 678 of this title, and amending provisions set out as a note under section 410 of this title] shall take effect on the date of the enactment of this Act [Oct. 22, 1986].”

Pub. L. 99–272, title XII, § 12104(b), Apr. 7, 1986, 100 Stat. 285, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to benefits for which application is filed after the date of the enactment of this Act [Apr. 7, 1986].”

Pub. L. 99–272, title XII, § 12107(c), Apr. 7, 1986, 100 Stat. 286, provided that: “The amendments made by this section [amending this section and section 423 of this title] are effective December 1, 1980, and shall apply with respect to any individual who is under a disability (as defined in section 223(d) of the Social Security Act [42 U.S.C. 423(d)]) on or after that date.”

Effective Date of 1984 Amendment

Amendment by sections 2661(b)–(f) and 2662(c)(1) of Pub. L. 98–369 effective as though included in the enactment of the Social Security Amendments of 1983, Pub. L. 98–21, see section 2664(a) of Pub. L. 98–369, set out as a note under section 401 of this title.

Amendment by section 2663(a)(2) of Pub. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98–369, set out as a note under section 401 of this title.

Effective Date of 1983 Amendments

Pub. L. 98–21, title I, § 111(a)(8), Apr. 20, 1983, 97 Stat. 72, provided that: “The amendments made by this subsection [amending this section and sections 403, 415, and 430 of this title] shall apply with respect to cost-of-living increases determined under section 215(i) of the Social Security Act [42 U.S.C. 415(i)] for years after 1982.”

Pub. L. 98–21, title I, § 114(c)(2), Apr. 20, 1983, 97 Stat. 79, provided that: “The amendments made by paragraph (1) [amending this section] shall apply with respect to increment months in calendar years after 1983.”

Pub. L. 98–21, title I, § 131(d), Apr. 20, 1983, 97 Stat. 93, provided that: “(1) The amendments made by this section [amending this section and section 426 of this title] shall be effective with respect to monthly benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1983. “(2) In the case of an individual who was not entitled to a monthly benefit of the type involved under title II of such Act for December 1983, no benefit shall be paid under such title by reason of such amendments unless proper application for such benefit is made.”

Pub. L. 98–21, title I, § 132(c)(1), Apr. 20, 1983, 97 Stat. 95, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to monthly insurance benefits for months after December 1984, but only on the basis of applications filed on or after January 1, 1985.”

Pub. L. 98–21, title I, § 133(c), Apr. 20, 1983, 97 Stat. 97, provided that: “The amendments made by this section [amending this section] shall apply with respect to monthly insurance benefits for months after December 1984 for individuals who first meet all criteria for entitlement to benefits under section 202(e) or (f) of the Social Security Act [42 U.S.C. 402(e), (f)] (other than making application for such benefits) after December 1984.”

Pub. L. 98–21, title I, § 134(c), Apr. 20, 1983, 97 Stat. 98, provided that: “The amendments made by this section [amending this section] shall apply with respect to benefits for months after December 1983.”

Pub. L. 98–21, title III, § 301(a)(5), Apr. 20, 1983, 97 Stat. 110, as amended by Pub. L. 98–369, div. B, title VI, § 2662(d), July 18, 1984, 98 Stat. 1159, provided that the amendment made by that section is effective with respect to monthly insurance benefits for months after December 1984 (but only on the basis of applications filed on or after January 1, 1985).

Pub. L. 98–21, title III, § 307(b), Apr. 20, 1983, 97 Stat. 115, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after the month in which this Act is enacted [April 1983], but only in cases in which the ‘last month’ referred to in the provision amended is a month after the month in which this Act is enacted.”

Pub. L. 98–21, title III, § 310, Apr. 20, 1983, 97 Stat. 117, provided that: “(a) Except as otherwise specifically provided in this title, the amendments made by this part [part A (§§ 301–310) of title III of Pub. L. 98–21, amending this section and sections 403, 405, 416, 417, 422, 423, 425, 426, 427, and 428 of this title] apply only with respect to monthly benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after the month in which this Act is enacted [April 1983]. “(b) Nothing in any amendment made by this part shall be construed as affecting the validity of any benefit which was paid, prior to the effective date of such amendment, as a result of a judicial determination.”

Pub. L. 98–21, title III, § 334(b), Apr. 20, 1983, 97 Stat. 130, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to survivors whose applications for monthly benefits are filed after the second month following the month in which this Act is enacted [April 1983].”

Pub. L. 98–21, title III, § 337(b), Apr. 20, 1983, 97 Stat. 131, as amended by Pub. L. 98–617, § 2(a)(1), Nov. 8, 1984, 98 Stat. 3294, provided that: “The amendments made by subsection (a) of this section [amending this section] shall apply only with respect to monthly insurance benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after June 1983.”

[Pub. L. 98–617, § 2(a)(2), Nov. 8, 1984, 98 Stat. 3294, provided that: “The amendments made by this subsection [amending section 337(b) of Pub. L. 98–21, set out above] shall apply to benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months beginning after the month of enactment of this Act [November 1984].” ]

Pub. L. 98–21, title III, § 339(c), Apr. 20, 1983, 97 Stat. 134, provided that: “The amendments made by subsections (a) and (b) [amending this section and section 423 of this title] shall apply with respect to monthly benefits payable for months beginning on or after the date of enactment of this Act [Apr. 20, 1983].”

Pub. L. 98–21, title III, § 340(c), Apr. 20, 1983, 97 Stat. 135, provided that: “The amendments made by this section [amending this section] shall apply with respect to any individual who initially becomes eligible for benefits under section 202 or 223 [of the Social Security Act, 42 U.S.C. 402, 423] after December 31, 1984.”

Pub. L. 97–455, § 7(d), Jan. 12, 1983, 96 Stat. 2502, provided that: “The amendments made by subsections (a) [enacting and amending provisions set out as notes under this section] and (c) [amending this section] of this section shall be effective with respect to monthly insurance benefits for months after November 1982.”

Effective Date of 1981 Amendments

Amendment by section 2201(b)(10), (11), (d)(1), (2) of Pub. L. 97–35 and amendment by section 2(e) of Pub. L. 97–123 applicable with respect to benefits for months after December 1981, and amendment by section 2201(f) of Pub. L. 97–35 applicable with respect to deaths occurring after December 1981, with certain exceptions, see section 2(j)(2)–(4) of Pub. L. 97–123, set out as a note under section 415 of this title.

Pub. L. 97–35, title XXII, § 2202(b), Aug. 13, 1981, 95 Stat. 835, provided that: “The amendments made by subsection (a) [amending this section and section 416 of this title] shall apply only with respect to deaths occurring after August 1981.”

Pub. L. 97–35, title XXII, § 2203(f)(1), (2), Aug. 13, 1981, 95 Stat. 837, provided that: “(1) The amendments made by subsections (a), (b), and (c) [amending this section and section 416 of this title] of this section shall apply only to monthly insurance benefits payable to individuals who attain age 62 after August 1981. “(2) The amendments made by subsection (d) of this section [amending this section and section 416 of this title] shall apply to monthly insurance benefits for months after August 1981, and only in the case of individuals who were not entitled to such insurance benefits for August 1981 or any preceding month.”

Pub. L. 97–35, title XXII, § 2205(b), Aug. 13, 1981, 95 Stat. 837, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to wife’s and mother’s insurance benefits for months after the month in which this Act is enacted [August 1981], except that, in the case of an individual who is entitled to such a benefit (on the basis of having a child in her care) for the month in which this Act is enacted [August 1981], such amendments shall not take effect until the first day of the first month which begins 2 years or more after the date of the enactment of this Act [Aug. 13, 1981].”

Pub. L. 97–35, title XXII, § 2206(c), Aug. 13, 1981, 95 Stat. 838, provided that: “The amendments made by this section [amending this section and sections 403 and 415 of this title] shall apply only with respect to initial calculations and adjustments of primary insurance amounts and benefit amounts which are attributable to periods after August 1981.”

Pub. L. 97–35, title XXII, § 2210(b), Aug. 13, 1981, 95 Stat. 842, provided that: “Except as provided in subsection (c) [section 2210(c) of Pub. L. 97–35, set out below], the amendments made by subsection (a) [amending this section] shall apply to child’s insurance benefits under section 202(d) of the Social Security Act [42 U.S.C. 402(d)] for months after July 1982.”

Effective Date of 1980 Amendments

Pub. L. 96–499, title X, § 1011(b), Dec. 5, 1980, 94 Stat. 2656, provided that: “The amendment made by subsection (a) [amending this section] shall be effective with respect to applications filed on or after the first day of the first month which begins 60 days or more after the date of the enactment of this Act [Dec. 5, 1980].”

Pub. L. 96–473, § 5(d), Oct. 19, 1980, 94 Stat. 2265, provided that: “The amendments made by this section [amending this section and sections 416 and 423 of this title] shall be effective with respect to benefits payable for months beginning on or after October 1, 1980.”

Pub. L. 96–265, title III, § 303(d), June 9, 1980, 94 Stat. 453, provided that: “The amendments made by this section [amending this section and sections 416, 422, 423, 1382, and 1382c of this title] shall become effective on the first day of the sixth month which begins after the date of the enactment of this Act [June 9, 1980], and shall apply with respect to any individual whose disability has not been determined to have ceased prior to such first day.”

Pub. L. 96–265, title III, § 306(d), June 9, 1980, 94 Stat. 458, provided that: “The amendments made by this section [amending this section and sections 416 and 423 of this title] shall apply to applications filed after the month in which this Act is enacted [June 1980].”

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–600 effective Oct. 4, 1976, see section 703(r) of Pub. L. 95–600, set out as a note under section 46 of Title 26, Internal Revenue Code.

Effective Date of 1977 Amendment

Pub. L. 95–216, title II, § 206, Dec. 20, 1977, 91 Stat. 1529, provided that: “The amendments made by the provisions of this title other than sections 201(d), 204, and 205(a) [amending this section and sections 403, 415, 417, 424a, and 1395r of this title] shall be effective with respect to monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] payable for months after December 1978 and with respect to lump-sum death payments with respect to deaths occurring after such month. The amendments made by section 201(d) [amending section 415 of this title] shall be effective with respect to monthly benefits of an individual who becomes eligible for an old-age or disability insurance benefit, or dies, after December 1977. The amendments made by section 204 [amending this section and section 403 of this title] shall be effective with respect to monthly benefits for months after May 1978. The amendment made by section 205(a) [amending this section] shall be effective with respect to monthly benefits payable for months after December 1978 based on the wages and self-employment income of individuals who die after December 1978.”

Pub. L. 95–216, title III, § 331(d), Dec. 20, 1977, 91 Stat. 1542, provided that: “The amendments made by this section [amending this section] shall be effective with respect to monthly benefits payable for months after December 1977.”

Pub. L. 95–216, title III, § 332(b), Dec. 20, 1977, 91 Stat. 1543, provided that: “The amendments made by subsection (a) [amending this section and section 426 of this title] shall be effective with respect to monthly insurance benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] to which an individual becomes entitled on the basis of an application filed on or after January 1, 1978.”

Pub. L. 95–216, title III, § 334(f), Dec. 20, 1977, 91 Stat. 1546, as amended by Pub. L. 97–455, § 7(a)(2), Jan. 12, 1983, 96 Stat. 2501, provided that: “Subject to subsections (g) and (h) [section 334(g) and (h) of Pub. L. 95–216, set out as notes below], the amendments made by this section [amending this section and section 426 of this title and enacting provisions set out as notes under this section] shall apply with respect to monthly insurance benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months beginning with the month in which this Act is enacted [December 1977], on the basis of applications filed in or after the month in which this Act is enacted.”

Pub. L. 95–216, title III, § 336(c)(1), Dec. 20, 1977, 91 Stat. 1547, provided that: “The amendments made by this section [amending this section] shall apply only with respect to monthly benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1978, and, in the case of individuals who are not entitled to benefits of the type involved for December 1978, only on the basis of applications filed on or after January 1, 1979.”

Pub. L. 95–216, title III, § 337(c), Dec. 20, 1977, 91 Stat. 1548, provided that: “The amendments made by this section [amending this section and section 416 of this title] shall apply with respect to monthly benefits payable under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1978, and, in the case of individuals who are not entitled to benefits of the type involved for December 1978, only on the basis of applications filed on or after January 1, 1979.”

Pub. L. 95–216, title III, § 353(f)(1), Dec. 20, 1977, 91 Stat. 1554, provided that the amendment made by that section is effective with respect to convictions after Dec. 31, 1977.

Effective Date of 1974 Amendment

Pub. L. 93–445, title VI, § 603, Oct. 16, 1974, 88 Stat. 1361, provided that: “The provision of title II of this Act [set out as a note under section 231 of Title 45, Railroads] and the amendments made by title III and title IV of this Act [amending this section and sections 405, 410, 416, 426, 1395s, 1395u, 1395v, 1395gg, and 1395kk of this title and sections 352, 354, 360, 361, and 362 of Title 45] shall become effective on January 1, 1975.”

Effective Date of 1973 Amendment