Source / pinned edition

Social Security Act

Source of package us.social_security.old_age_1935_1939 · Public No. 271, 74th Congress; ch. 531, 49 Stat. 620

work
urn:us:social-security:clir:old-age-1935-1939#SSA_1935
number
Public No. 271, 74th Congress; ch. 531, 49 Stat. 620
kind
urn:us:social-security:clir:old-age-1935-1939#statute

United States Statutes at Large, vol. 49, ch. 531, pp. 620-648: digital scan by the Library of Congress

edition
urn:us:social-security:clir:old-age-1935-1939#SSA_1935_STATUTES_AT_LARGE_SCAN
language
en
officiality
official
materialisation
PINNED_UNOFFICIAL_COPY
life cycle
adopted: 1935-08-14

Publications

URITypedocumentHashRetrieved
https://www.loc.gov/law/help/statutes-at-large/74th-congress/session-1/c74s1ch531.pdfapplication/pdfsha256:f2da8b6bc6733273f2b8689928b8faee3b7879ebd6601c5bb18db1130e36be732026-09-15T12:00:00Z

Fragments — 0

Social Security Act, title II (Federal Old-Age and Survivors Insurance Benefits), as amended by section 201 of the Social Security Act Amendments of 1939, effective January 1, 1940

edition
urn:us:social-security:clir:old-age-1935-1939#SSA_1935_TITLE_II_AS_AMENDED_1939
language
en
officiality
official
materialisation
PINNED_UNOFFICIAL_COPY
life cycle
adopted: 1939-08-10; in_force: [object Object]

Publications

URITypedocumentHashRetrieved
https://www.loc.gov/law/help/statutes-at-large/76th-congress/session-1/c76s1ch666.pdftext/plain; charset=utf-8sha256:a468866a9093063edfa1ad566963da035ae788d06ffd43a8036e14f8882fd5992026-09-15T12:00:00Z

Fragments — 18

section/202/a · subsection · referenced by: 5

en · official · sha256:dc41b3ba3c839d23a60bc8c3f5cbbc5758ca67cd269082ce9d75fd612bf32530

"SEC. 202. (a) Every individual, who (1) is a fully insured individual (as defined in section 209 (g)) after December 31, 1939, (2) has attained the age of sixty-five, and (3) has filed application for primary insurance benefits, shall be entitled to receive a primary insurance benefit (as defined in section 209 (e)) for each month, beginning with the month in which such individual becomes so entitled to such insurance benefits and ending with the month preceding the month in which he dies.

Referencing norms: ComputationQuarterOnEntitlement, PrimaryInsuranceBenefitEntitlement, PrimaryInsuranceBenefitUnreduced, PrimaryInsuranceBenefitsBegin, PrimaryInsuranceBenefitsBeginMonth

section/202/b · subsection · referenced by: 3

en · official · sha256:0f089dd41b27895c9bb01f06ce9922fe2a9bf18e9fb15c36d47cbe5db205c0a5

"(b) (1) Every wife (as defined in section 209 (i)) of an individual entitled to primary insurance benefits, if such wife (A) has attained the age of sixty-five, (B) has filed application for wife's insurance benefits, (C) was living with such individual at the time such application was filed, and (D) is not entitled to receive primary insurance benefits, or is entitled to receive primary insurance benefits each of which is less than one-half of a primary insurance benefit of her husband, shall be entitled to receive a wife's insurance benefit for each month, beginning with the month in which she becomes so entitled to such insurance benefits, and ending with the month immediately preceding the first month in which any of the following occurs: she dies, her husband dies, they are divorced a vinculo matrimonii, or she becomes entitled to receive a primary insurance benefit equal to or exceeding one-half of a primary insurance benefit of her husband. "(2) Such wife's insurance benefit for each month shall be equal to one-half of a primary insurance benefit of her husband, except that, if she is entitled to receive a primary insurance benefit for any month, such wife's insurance benefit for such month shall be reduced by an amount equal to a primary insurance benefit of such wife.

Referencing norms: WifeHasNotAttainedAgeSixtyFive, WifesInsuranceBenefit, WifesInsuranceBenefitsBegin

section/202/c · subsection · referenced by: 8

en · official · sha256:e1c9fe055bf03a22d3cb70957b086f0ab60a6a82da110e61aac788eb4658c29a

"(c) (1) Every child (as defined in section 209 (k)) of an individual entitled to primary insurance benefits, or of an individual who died a fully or currently insured individual (as defined in section 209 (g) and (h)) after December 31, 1939, if such child (A) has filed application for child's insurance benefits, (B) at the time such application was filed was unmarried and had not attained the age of 18, and (C) was dependent upon such individual at the time such application was filed, or, if such individual has died, was dependent upon such individual at the time of such individual's death, shall be entitled to receive a child's insurance benefit for each month, beginning with the month in which such child becomes so entitled to such insurance benefits, and ending with the month immediately preceding the first month in which any of the following occurs: such child dies, marries, is adopted, or attains the age of eighteen. "(2) Such child's insurance benefit for each month shall be equal to one-half of a primary insurance benefit of the individual with respect to whose wages the child is entitled to receive such benefit, except that, when there is more than one such individual such benefit shall be equal to one-half of whichever primary insurance benefit is greatest. "(3) A child shall be deemed dependent upon a father or adopting father, or to have been dependent upon such individual at the time of the death of such individual, unless, at the time of such death, or, if such individual was living, at the time such child's application for child's insurance benefits was filed, such individual was not living with or contributing to the support of such child and— "(A) such child is neither the legitimate nor adopted child of such individual, or "(B) such child had been adopted by some other individual, or "(C) such child, at the time of such individual's death, was living with and supported by such child's stepfather.

Referencing norms: ChildSurvivorConditionsCurrentlyInsured, ChildSurvivorConditionsFullyInsured, ChildsInsuranceBenefitOfDeceasedIndividual, ChildsInsuranceBenefitOfEntitledIndividual, ChildsInsuranceBenefitUnreduced, ChildsInsuranceBenefitsOfDeceasedIndividualBegin, ChildsInsuranceBenefitsOfEntitledIndividualBegin, SurvivorBenefitsRequireDeathAfter1939

section/202/d · subsection · referenced by: 4

en · official · sha256:1a8ced26999d2a6f775a0ab0fe03d2b52fad78ada03b9ce7979362ab9780384b

"(d) (1) Every widow (as defined in section 209 (j)) of an individual who died a fully insured individual after December 31, 1939, if such widow (A) has not remarried, (B) has attained the age of sixty-five, (C) has filed application for widow's insurance benefits, (D) was living with such individual at the time of his death, and (E) is not entitled to receive primary insurance benefits, or is entitled to receive primary insurance benefits each of which is less than three-fourths of a primary insurance benefit of her husband, shall be entitled to receive a widow's insurance benefit for each month, beginning with the month in which she becomes so entitled to such insurance benefits and ending with the month immediately preceding the first month in which any of the following occurs: she remarries, dies, or becomes entitled to receive a primary insurance benefit equal to or exceeding three-fourths of a primary insurance benefit of her husband. "(2) Such widow's insurance benefit for each month shall be equal to three-fourths of a primary insurance benefit of her deceased husband, except that, if she is entitled to receive a primary insurance benefit for any month, such widow's insurance benefit for such month shall be reduced by an amount equal to a primary insurance benefit of such widow.

Referencing norms: AgedWidowConditionsAtDeath, SurvivorBenefitsRequireDeathAfter1939, WidowsInsuranceBenefit, WidowsInsuranceBenefitsBegin

section/202/e · subsection · referenced by: 5

en · official · sha256:63169a21d525c660b63ad4c5afd9134b4864cae54e059d7176d67e537d27bb8c

"(e) (1) Every widow (as defined in section 209 (j)) of an individual who died a fully or currently insured individual after December 31, 1939, if such widow (A) has not remarried, (B) is not entitled to receive a widow's insurance benefit, and is not entitled to receive primary insurance benefits, or is entitled to receive primary insurance benefits each of which is less than three-fourths of a primary insurance benefit of her husband, (C) was living with such individual at the time of his death, (D) has filed application for widow's current insurance benefits, and (E) at the time of filing such application has in her care a child of such deceased individual entitled to receive a child's insurance benefit, shall be entitled to receive a widow's current insurance benefit for each month, beginning with the month in which she becomes so entitled to such current insurance benefits and ending with the month immediately preceding the first month in which any of the following occurs: no child of such deceased individual is entitled to receive a child's insurance benefit, she becomes entitled to receive a primary insurance benefit equal to or exceeding three-fourths of a primary insurance benefit of her deceased husband, she becomes entitled to receive a widow's insurance benefit, she remarries, she dies. "(2) Such widow's current insurance benefit for each month shall be equal to three-fourths of a primary insurance benefit of her deceased husband, except that, if she is entitled to receive a primary insurance benefit for any month, such widow's current insurance benefit for such month shall be reduced by an amount equal to a primary insurance benefit of such widow.

Referencing norms: SurvivorBenefitsRequireDeathAfter1939, WidowCurrentConditionsCurrentlyInsured, WidowCurrentConditionsFullyInsured, WidowsCurrentInsuranceBenefit, WidowsCurrentInsuranceBenefitsBegin

section/202/g · subsection · referenced by: 13

en · official · sha256:050bf9503d35ccf394d88466774b26ad746769ab691fbcc42ec79cb08cfaef0c

"(g) Upon the death, after December 31, 1939, of an individual who died a fully or currently insured individual leaving no surviving widow, child, or parent who would, on filing application in the month in which such individual died, be entitled to a benefit for such month under subsection (c), (d), (e), or (f) of this section, an amount equal to six times a primary insurance benefit of such individual shall be paid in a lump-sum to the following person (or if more than one, shall be distributed among them) whose relationship to the deceased is determined by the Board, and who is living on the date of such determination: To the widow or widower of the deceased; or, if no such widow or widower be then living, to any child or children of the deceased and to any other person or persons who are, under the intestacy law of the State where the deceased was domiciled, entitled to share as distributees with such children of the deceased, in such proportions as is provided by such law; or, if no widow or widower and no such child and no such other person be then living, to the parent or to the parents of the deceased, in equal shares. A person who is entitled to share as distributee with an above-named relative of the deceased shall not be precluded from receiving a payment under this subsection by reason of the fact that no such named relative survived the deceased or of the fact that no such named relative of the deceased was living on the date of such determination. If none of the persons described in this subsection be living on the date of such determination, such amount shall be paid to any person or persons, equitably entitled thereto, to the extent and in the proportions that he or they shall have paid the expenses of burial of the deceased. No payment shall be made to any person under this subsection, unless application therefor shall have been filed, by or on behalf of any such person (whether or not legally competent), prior to the expiration of two years after the date of death of such individual.

Referencing norms: AgedWidowExcludesLumpSumCurrentlyInsured, AgedWidowExcludesLumpSumFullyInsured, ChildExcludesLumpSumCurrentlyInsured, ChildExcludesLumpSumFullyInsured, LumpSumDeathPaymentCurrentlyInsured, LumpSumDeathPaymentFullyInsured, LumpSumDeathPaymentPayee, NoLumpSumWhenAgedWidowWouldBeEntitled, NoLumpSumWhenChildWouldBeEntitled, NoLumpSumWhenWidowWouldBeEntitledToCurrentBenefit, SurvivorBenefitsRequireDeathAfter1939, WidowCurrentExcludesLumpSumCurrentlyInsured, WidowCurrentExcludesLumpSumFullyInsured

section/202/h · subsection · referenced by: 5

en · official · sha256:42e31ab92c3d01a762ef4808636ebce56ad300c0e0544f105d07b633224cda2b

"(h) An individual who would have been entitled to a benefit under subsection (b), (c), (d), (e), or (f) for any month had he filed application therefor prior to the end of such month, shall be entitled to such benefit for such month if he files application therefor prior to the end of the third month immediately succeeding such month.

Referencing norms: ChildsInsuranceBenefitsOfDeceasedIndividualBegin, ChildsInsuranceBenefitsOfEntitledIndividualBegin, WidowsCurrentInsuranceBenefitsBegin, WidowsInsuranceBenefitsBegin, WifesInsuranceBenefitsBegin

section/203/a-c · subsection · referenced by: 15

en · official · sha256:2e33c12ce30cc537eb8d5f318095b84c0a271582f6315ca111d52d466d18ff71

"SEC. 203. (a) Whenever the total of benefits under section 202, payable for a month with respect to an individual's wages, is more than $20 and exceeds (1) $85, or (2) an amount equal to twice a primary insurance benefit of such individual, or (3) an amount equal to 80 per centum of his average monthly wage (as defined in section 209 (f)), whichever of such three amounts is least, such total of benefits shall, prior to any deductions under subsections (d), (e), or (h), be reduced to such least amount or to $20, whichever is greater. "(b) Whenever the benefit or total of benefits under section 202, payable for a month with respect to an individual's wages, is less than $10, such benefit or total of benefits shall, prior to any deductions under subsections (d), (e), or (h), be increased to $10. "(c) Whenever a decrease or increase of the total of benefits for a month is made under subsection (a) or (b) of this section, each benefit, except the primary benefit, shall be proportionately decreased or increased, as the case may be.

Referencing norms: FamilyBenefitLimitOfDeceasedIndividual, FamilyBenefitLimitOfEntitledIndividual, FamilyTotalIncreasedToTenDollars, FamilyTotalReducedToLimit, FamilyTotalUnchangedUpToTwentyDollars, FamilyTotalUnchangedWithinLimit, PrimaryComponentOfDeceasedIndividual, PrimaryComponentOfEntitledIndividual, PrimaryInsuranceBenefitPayable, SupplementaryBenefitProportionatelyAdjusted, UnreducedFamilyTotal, assert-h2ea26d01312362133240798cd0fc09e7c54b012192b932078a77412dc64ad59c, assert-h37db4e50e971d0520014ee9073ab8e090ccae7066fd1dd626966fd4c3714d355, assert-h57491a08f212294f7556ea00121143d874b800cb92834897c8945266145103c9, assert-h6e0c50de330dd931b843d751186e9eb95d453e64d791e38990e769d8880e0ec9

section/209/a · subsection · referenced by: 6

en · official · sha256:5a812ad240a5db087583ce8656ecf94b3fa391ab0a45bf1948eab2ae3d850f1a

"(a) The term 'wages' means all remuneration for employment, including the cash value of all remuneration paid in any medium other than cash; except that such term shall not include— "(1) That part of the remuneration which, after remuneration equal to $3,000 has been paid to an individual by an employer with respect to employment during any calendar year prior to 1940, is paid to such individual by such employer with respect to employment during such calendar year; "(2) That part of the remuneration which, after remuneration equal to $3,000 has been paid to an individual with respect to employment during any calendar year after 1939, is paid to such individual with respect to employment during such calendar year; "(3) The amount of any payment made to, or on behalf of, an employee under a plan or system established by an employer which makes provision for his employees generally or for a class or classes of his employees (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment), on account of (A) retirement, or (B) sickness or accident disability, or (C) medical and hospitalization expenses in connection with sickness or accident disability, or (D) death, provided the employee (i) has not the option to receive, instead of provision for such death benefit, any part of such payment or, if such death benefit is insured, any part of the premiums (or contributions to premiums) paid by his employer, and (ii) has not the right, under the provisions of the plan or system or policy of insurance providing for such death benefit, to assign such benefit, or to receive a cash consideration in lieu of such benefit either upon his withdrawal from the plan or system providing for such benefit or upon termination of such plan or system or policy of insurance or of his employment with such employer; "(4) The payment by an employer (without deduction from the remuneration of the employee) (A) of the tax imposed upon an employee under section 1400 of the Internal Revenue Code or (B) of any payment required from an employee under a State unemployment compensation law; "(5) Dismissal payments which the employer is not legally required to make; or "(6) Any remuneration paid to an individual prior to January 1, 1937.

Referencing norms: AnnualWageLimitExceededAfter1939, AnnualWageLimitExceededPerEmployerBefore1940, EmployerYearWages1939, WagesBeforeComputationQuarter, WithinAnnualWageLimits1939, YearWages1939

section/209/b · subsection · referenced by: 6

en · official · sha256:f9816d357ed1faf0a77a663d1a4398fc8da5451a228b9920820be9aa9c29fc1e

"(b) The term 'employment' means any service performed after December 31, 1936, and prior to January 1, 1940, which was employment as defined in section 210 (b) of the Social Security Act prior to January 1, 1940 (except service performed by an individual after he attained the age of sixty-five if performed prior to January 1, 1939), and any service, of whatever nature, performed after December 31, 1939, by an employee for the person employing him, irrespective of the citizenship or residence of either, (A) within the United States, or (B) on or in connection with an American vessel under a contract of service which is entered into within the United States or during the performance of which the vessel touches at a port in the United States, if the employee is employed on and in connection with such vessel when outside the United States, except— "(1) Agricultural labor (as defined in subsection (l) of this section); "(2) Domestic service in a private home, local college club, or local chapter of a college fraternity or sorority; "(3) Casual labor not in the course of the employer's trade or business;

Referencing norms: EmploymentAfter1939, EmploymentBefore1939BeforeAgeSixtyFive, EmploymentIn1939, ExceptedAgriculturalLabor1939, ExceptedDomesticService1939, ServiceAfterAgeSixtyFiveBefore1939Excluded

section/209/e · subsection · referenced by: 6

en · official · sha256:aa6fbd7c51934648b163f156fc1546ac166d179af097038d7fff4ccd9ea46019

"(e) The term 'primary insurance benefit' means an amount equal to the sum of the following— "(1) (A) 40 per centum of the amount of an individual's average monthly wage if such average monthly wage does not exceed $50, or (B) if such average monthly wage exceeds $50, 40 per centum of $50, plus 10 per centum of the amount by which such average monthly wage exceeds $50 and does not exceed $250, and "(2) an amount equal to 1 per centum of the amount computed under paragraph (1) multiplied by the number of years in which $200 or more of wages were paid to such individual. Where the primary insurance benefit thus computed is less than $10, such benefit shall be $10.

Referencing norms: AnnualWagesBeforeComputationQuarter, BasicAmountAverageWageAboveFifty, BasicAmountAverageWageUpToFifty, IncrementYears, PrimaryInsuranceBenefitAmount, PrimaryInsuranceBenefitUnreduced

section/209/f · subsection · referenced by: 8

en · official · sha256:2d22b8b34f841d3f45b5297964d90e376cc6f1a17fd45786e1f044f60ff6cd95

"(f) The term 'average monthly wage' means the quotient obtained by dividing the total wages paid an individual before the quarter in which he died or became entitled to receive primary insurance benefits, whichever first occurred, by three times the number of quarters elapsing after 1936 and before such quarter in which he died or became so entitled, excluding any quarter prior to the quarter in which he attained the age of twenty-two during which he was paid less than $50 of wages and any quarter, after the quarter in which he attained age sixty-five, occurring prior to 1939.

Referencing norms: AverageMonthlyWageAtDeathCurrentlyInsured, AverageMonthlyWageAtDeathFullyInsured, AverageMonthlyWageOnEntitlement, ComputationQuarterOnDeath, ComputationQuarterOnEntitlement, DivisorQuartersAgeTwentyTwoAfter1936, DivisorQuartersAgeTwentyTwoBefore1937, WagesBeforeComputationQuarter

section/209/g · subsection · referenced by: 10

en · official · sha256:75f4c200b1962189e1396b84eb81d5e526546b3576aec24150e26fbd904426df

"(g) The term 'fully insured individual' means any individual with respect to whom it appears to the satisfaction of the Board that— "(1) He had not less than one quarter of coverage for each two of the quarters elapsing after 1936, or after the quarter in which he attained the age of twenty-one, whichever quarter is later, and up to but excluding the quarter in which he attained the age of sixty-five, or died, whichever first occurred, and in no case less than six quarters of coverage; or "(2) He had at least forty quarters of coverage. "As used in this subsection, and in subsection (h) of this section, the term 'quarter' and the term 'calendar quarter' mean a period of three calendar months ending on March 31, June 30, September 30, or December 31; and the term 'quarter of coverage' means a calendar quarter in which the individual has been paid not less than $50 in wages. When the number of quarters specified in paragraph (1) of this subsection is an odd number, for purposes of such paragraph such number shall be reduced by one. In any case where an individual has been paid in a calendar year $3,000 or more in wages, each quarter of such year following his first quarter of coverage shall be deemed a quarter of coverage, excepting any quarter in such year in which such individual dies or becomes entitled to a primary insurance benefit and any quarter succeeding such quarter in which he died or became so entitled.

Referencing norms: ElapsedQuartersBeforeAgeSixtyFive, ElapsedQuartersBeforeDeath, FullyInsuredFortyQuarters, FullyInsuredHalfOfElapsedQuarters, NotFullyInsuredFewerThanHalfOfElapsedQuarters, NotFullyInsuredFewerThanSixQuarters, QuarterOfCoverage, QuarterWages1939, QuartersOfCoverageBeforeApplication, QuartersOfCoverageBeforeDeath

section/209/h · subsection · referenced by: 1

en · official · sha256:6807b3ec6af6dad3064ce5f0c8f21e3fb2a3326eb12f438ac43512ac826fb89d

"(h) The term 'currently insured individual' means any individual with respect to whom it appears to the satisfaction of the Board that he has been paid wages of not less than $50 for each of not less than six of the twelve calendar quarters, immediately preceding the quarter in which he died.

Referencing norms: CurrentlyInsured

section/209/i · subsection · referenced by: 3

en · official · sha256:e97e3732c1e67f3f71d30e02c08d07a956d810c56083ca28a54ed3993f4281c4

"(i) The term 'wife' means the wife of an individual who either (1) is the mother of such individual's son or daughter, or (2) was married to him prior to January 1, 1939, or if later, prior to the date upon which he attained the age of sixty.

Referencing norms: WifeMarriedBefore1939, WifeMarriedBeforeHusbandAttainedSixty, WifeMotherOfHisChild

section/209/j · subsection · referenced by: 1

en · official · sha256:366a4287cf7de024a1be6e1e27a83963697f70bb6d3411cb5a4388e7e7941966

"(j) The term 'widow' (except when used in section 202 (g)) means the surviving wife of an individual who either (1) is the mother of such individual's son or daughter, or (2) was married to him prior to the beginning of the twelfth month before the month in which he died.

Referencing norms: WidowMotherOfHisChild

section/209/k · subsection

en · official · sha256:489ab8b1bc2c5f8c2773885b034b5f36da94cb76de3e9f5a223b500cac2720c5

"(k) The term 'child' (except when used in section 202 (g)) means the child of an individual, and the stepchild of an individual by a marriage contracted prior to the date upon which he attained the age of sixty and prior to the beginning of the twelfth month before the month in which he died, and a child legally adopted by an individual prior to the date upon which he attained the age of sixty and prior to the beginning of the twelfth month before the month in which he died.
section/209/n · subsection · referenced by: 5

en · official · sha256:237b0b2099f92cc0e4973a2a79de14c4e450c7b100fc5aa9bbc03526372a8b3f

"(n) A wife shall be deemed to be living with her husband if they are both members of the same household, or she is receiving regular contributions from him toward her support, or he has been ordered by any court to contribute to her support; and a widow shall be deemed to have been living with her husband at the time of his death if they were both members of the same household on the date of his death, or she was receiving regular contributions from him toward her support on such date, or he had been ordered by any court to contribute to her support.

Referencing norms: AgedWidowConditionsAtDeath, WidowCurrentConditionsCurrentlyInsured, WidowCurrentConditionsFullyInsured, WidowsInsuranceBenefit, WifesInsuranceBenefit

Social Security Act, title II (Federal Old-Age Benefits), as enacted August 14, 1935, 49 Stat. 622-625

edition
urn:us:social-security:clir:old-age-1935-1939#SSA_1935_TITLE_II_AS_ENACTED
language
en
officiality
official
materialisation
PINNED_UNOFFICIAL_COPY
life cycle
adopted: 1935-08-14; in_force: [object Object]

Publications

URITypedocumentHashRetrieved
https://www.loc.gov/law/help/statutes-at-large/74th-congress/session-1/c74s1ch531.pdftext/plain; charset=utf-8sha256:c8e5de18edeffd058814bae5a912a4cde8e816774f5d9338eb34bf8945e4741a2026-09-15T12:00:00Z

Fragments — 8

section/202/a · subsection · referenced by: 6

en · official · sha256:a0a61289122e2d03fea5dafa2711ba41d38d3ebee1baa389e47c6bd5390f1cb7

SEC. 202. (a) Every qualified individual (as defined in section 210) shall be entitled to receive, with respect to the period beginning on the date he attains the age of sixty-five, or on January 1, 1942, whichever is the later, and ending on the date of his death, an old-age benefit (payable as nearly as practicable in equal monthly installments) as follows: (1) If the total wages (as defined in section 210) determined by the Board to have been paid to him, with respect to employment (as defined in section 210) after December 31, 1936, and before he attained the age of sixty-five, were not more than $3,000, the old-age benefit shall be at a monthly rate of one-half of 1 per centum of such total wages; (2) If such total wages were more than $3,000, the old-age benefit shall be at a monthly rate equal to the sum of the following: (A) One-half of 1 per centum of $3,000; plus (B) One-twelfth of 1 per centum of the amount by which such total wages exceeded $3,000 and did not exceed $45,000; plus (C) One-twenty-fourth of 1 per centum of the amount by which such total wages exceeded $45,000.

Referencing norms: OldAgeBenefit1935, OldAgeBenefitPeriodBegins1935, OldAgeBenefitRateAboveFortyFiveThousand1935, OldAgeBenefitRateUpToFortyFiveThousand1935, OldAgeBenefitRateUpToThreeThousand1935, TotalWagesBeforeAgeSixtyFive1935

section/202/b · subsection · referenced by: 1

en · official · sha256:727b67068a8ad8c2bc298e4112bc489d61c79e9714bb66d48c938b648f09bb31

(b) In no case shall the monthly rate computed under subsection (a) exceed $85.

Referencing norms: OldAgeBenefit1935

section/203/a · subsection · referenced by: 3

en · official · sha256:3159a9e1e5b16f0b8f7bf346f375303611e4226daff57751666651cddf10aa76

SEC. 203. (a) If any individual dies before attaining the age of sixty-five, there shall be paid to his estate an amount equal to 3½ per centum of the total wages determined by the Board to have been paid to him, with respect to employment after December 31, 1936.

Referencing norms: PaymentToEstateOnDeathBeforeSixtyFive1935, PaymentToEstatePayee1935, TotalWages1935

section/204/a · subsection · referenced by: 2

en · official · sha256:2b1a1335116e154c9d3a95d4da508365e119d14ee1cac134dfb2bbcf17b38eb5

SEC. 204. (a) There shall be paid in a lump sum to any individual who, upon attaining the age of sixty-five, is not a qualified individual, an amount equal to 3½ per centum of the total wages determined by the Board to have been paid to him, with respect to employment after December 31, 1936, and before he attained the age of sixty-five.

Referencing norms: PaymentAtAgeSixtyFiveNotQualified1935, TotalWagesBeforeAgeSixtyFive1935

section/204/b · subsection · referenced by: 1

en · official · sha256:932916abe8a30df3b492f32cc96a1fd462802b3765f9db779afcf4b00cb22162

(b) After any individual becomes entitled to any payment under subsection (a), no other payment shall be made under this title in any manner measured by wages paid to him, except that any part of any payment under subsection (a) which is not paid to him before his death shall be paid to his estate.

Referencing norms: PaymentAtAgeSixtyFiveUnpaidPartToEstate1935

section/210/a · subsection · referenced by: 4

en · official · sha256:ba58d3a5540a08ede327a1eec9b16dc83b991efde9ed33486a8813ecc20af503

(a) The term "wages" means all remuneration for employment, including the cash value of all remuneration paid in any medium other than cash; except that such term shall not include that part of the remuneration which, after remuneration equal to $3,000 has been paid to an individual by an employer with respect to employment during any calendar year, is paid to such individual by such employer with respect to employment during such calendar year.

Referencing norms: AnnualWageLimitExceeded1935, EmployerYearWages1935, TotalWages1935, TotalWagesBeforeAgeSixtyFive1935

section/210/b · subsection · referenced by: 3

en · official · sha256:3b0d0683b8ca748465b1bdaa5e3f2ca976640ef6744325f0e21fe31d2abc41fe

(b) The term "employment" means any service, of whatever nature, performed within the United States by an employee for his employer, except— (1) Agricultural labor; (2) Domestic service in a private home; (3) Casual labor not in the course of the employer's trade or business; (4) Service performed as an officer or member of the crew of a vessel documented under the laws of the United States or of any foreign country; (5) Service performed in the employ of the United States Government or of an instrumentality of the United States; (6) Service performed in the employ of a State, a political subdivision thereof, or an instrumentality of one or more States or political subdivisions; (7) Service performed in the employ of a corporation, community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual.

Referencing norms: EmploymentCommercialOrIndustrialService1935, ExceptedAgriculturalLabor1935, ExceptedDomesticService1935

section/210/c · subsection · referenced by: 6

en · official · sha256:01400773165158fe4f0d025ad9ea3201e574130d543fcee577a9f23eed684376

(c) The term "qualified individual" means any individual with respect to whom it appears to the satisfaction of the Board that— (1) He is at least sixty-five years of age; and (2) The total amount of wages paid to him, with respect to employment after December 31, 1936, and before he attained the age of sixty-five, was not less than $2,000; and (3) Wages were paid to him, with respect to employment on some five days after December 31, 1936, and before he attained the age of sixty-five, each day being in a different calendar year.

Referencing norms: CalendarYearsWithWagesBeforeAgeSixtyFive1935, NotQualifiedCalendarYears1935, NotQualifiedTotalWages1935, QualifiedIndividual1935, TotalWagesBeforeAgeSixtyFive1935, WageYearBeforeAgeSixtyFive1935

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