U.S Code last checked for updates: Nov 22, 2024
§ 427.
Transitional insured status for purposes of old-age and survivors benefits
(a)
Determination of entitlement to benefits under section 402(a) to (c) of this title
(b)
Determination of entitlement to surviving spouse’s benefits under section 402(e) or (f) of this title
In the case of any individual who has died, who does not meet the requirements of section 414(a) of this title, and whose surviving spouse attains age 72 before 1969, the 6 quarters of coverage referred to in paragraph (3) of section 414(a) of this title and in paragraph (1) thereof shall, for purposes of determining the entitlement to surviving spouse’s insurance benefits under section 402(e) or section 402(f) of this title, instead be—
(1)
3 quarters of coverage if such surviving spouse attains the age of 72 in or before 1966,
(2)
4 quarters of coverage if such surviving spouse attains the age of 72 in 1967, or
(3)
5 quarters of coverage if such surviving spouse attains the age of 72 in 1968.
The amount of the surviving spouse’s insurance benefit for each month shall, notwithstanding the provisions of section 402(e) or section 402(f) of this title (and section 402(m) 1
1
 See References in Text note below.
of this title), be the larger of $64.40 or the amount most recently established in lieu thereof under section 415(i) of this title.
(c)
Deceased individual entitled to benefits by reason of subsection (a) deemed to meet requirements of subsection (b)
(Aug. 14, 1935, ch. 531, title II, § 227, as added Pub. L. 89–97, title III, § 309(a), July 30, 1965, 79 Stat. 379; amended Pub. L. 90–248, title I, § 102(a), Jan. 2, 1968, 81 Stat. 827; Pub. L. 91–172, title X, § 1003(a), Dec. 30, 1969, 83 Stat. 740; Pub. L. 92–5, title II, § 202(a), Mar. 17, 1971, 85 Stat. 10; Pub. L. 92–336, title II, § 201(g)(1), July 1, 1972, 86 Stat. 411; Pub. L. 92–603, title I, § 104 (e), (f), Oct. 30, 1972, 86 Stat. 1340; Pub. L. 93–233, § 2(b)(1), Dec. 31, 1973, 87 Stat. 952; Pub. L. 98–21, title III, § 304(a), (b), Apr. 20, 1983, 97 Stat. 112.)
cite as: 42 USC 427