Page images
PDF
EPUB

(d) Authority of Secretary to Issue Subpoenas_
(e) Contumacy or Failure to Obey Subpena..
(f) Privilege Against Self-Incrimination..

(g) Review of Secretary's Decision by Court__

(h) Finality of Secretary's Decision..

(i) Certification by Secretary for Payment..
Authority of Secretary to Certify Payment of Benefits to
Someone Other Than the Beneficiary-

(k) Settlement of Claims of Incompetents...

(1) Authority of Secretary to Delegate Powers_

[blocks in formation]

Crediting of Compensation Under the Railroad Retirement
Act__

(p) Special Rules in Case of Federal Service Regarding Deter-
minations as to Periods of Service, Remuneration, etc____

Sec. 206. Representation of Claimants Before the Secretary-

Sec. 207. Nonassignability of Benefits__-

Sec. 208. Penalties_.

(a) False Statements to Obtain Increase in Benefits..

(b) False Statements on Applications.

(c) False Statements Made for Use in Determining Rights to

Payments_

(d) Fraudulent Concealment or Failure to Disclose Events
Affecting Initial or Continued Right to Payment..

(e) Willful Conversion of Benefits by Representative Payee___

Wages--

(h) Remuneration For Agricultural Labor-When Excluded__.
(i) Remuneration Paid After Retirement Age-When Excluded.
(j) Remuneration Paid to Homeworkers-When Excluded..

[ocr errors]

53

(a) Net Earnings from Self-Employment Defined...

(b) Self-Employment Income Defined..

(c) Trade or Business Defined___

(d) Partnership and Partner Defined.

(e) Taxable Year Defined...

Computing Deceased's Net Earnings From Self-Employ

When Partnership Taxable Year Ends Because of D
Sec. 212. Crediting of Self-Employment Income to Calendar Quarte
(a) Calendar Taxable Year.......

(b) Taxable Year Other Than a Calendar Year...

Sec. 213. Quarter and Quarter of Coverage_.

(b) Crediting of Wages Paid in 1937.

Sec. 214. Insured Status for Purposes of Old-Age and Survivors Ins
Benefits_

[blocks in formation]

(h) Determination of Status as Wife, Husband, Widow, Wid

Child or Parent_

(i) Disability; Period of Disability-

(j) When Periods of Limitation End on Nonwork Days_-

Sec. 217. Benefits in Case of Veterans___.

(a) Wage Credits for World War II Service..

(b) Insured Status of World War II Veteran Dying Wit

Years After Discharge--

(c) Time for Parent of Deceased Veteran to File Pro

Support----

(d) Definition of World War II and World War II Vetera
(e) Wage Credits for Military Service After World War II
Waiver of Rights to Civil Service Retirement Annui
Widow or Child as Condition of Entitlement to
Security Benefits.

(g) Reimbursement of Trust Fund for Cost of Wage Credi

Certain Military Service--

[blocks in formation]
[blocks in formation]
[blocks in formation]
[blocks in formation]

ized and directed to transfer to the Federal Old-Age and Survivors Insurance Trust Fund, and, in addition, such amounts as may be appropriated to, or deposited in, the Federal Old-Age and Survivors Insurance Trust Fund as hereinafter provided. There is hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund for the fiscal year ending June 30, 1941, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of—

(1) the taxes (including interest, penalties, and additions to the taxes) received under subchapter A of chapter 9 of the Internal Revenue Code of 1939 (and covered into the Treasury) which are deposited into the Treasury by collectors of internal revenue before January 1, 1951; and

(2) the taxes certified each month by the Commissioner of Internal Revenue as taxes received under subchapter A of chapter 9 of such Code which are deposited into the Treasury by collectors of internal revenue after December 31, 1950, and before January 1, 1953, with respect to assessments of such taxes made before January 1, 1951; and

1

(3) the taxes imposed by subchapter A of chapter 9 of such Code with respect to wages (as defined in section 1426 of such Code), and by chapter 21 of the Internal Revenue Code of 1954 with respect to wages (as defined in section 3121 of such Code) 1 reported to the Commissioner of Internal Revenue pursuant to section 1420 (c) of the Internal Revenue Code of 1939 after December 31, 1950, or to the Secretary of the Treasury or his delegates pursuant to subtitle F of the Internal Revenue Code of 1954 after December 31, 1954, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such subchapter or chapter 21 to such wages, which wages shall be certified by the Secretary of Health, Education, and Welfare on the basis of the records of wages established and maintained by such Secretary in accordance with such reports, less the amounts specified in clause (1) of subsection (b) of this section; and

2

3

4

(4) the taxes imposed by subchapter E of chapter 1 of the Internal Revenue Code of 1939, with respect to self-employment income (as defined in section 481 of such Code), and by chapter 2 of the Internal Revenue Code of 1954 with respect to selfemployment income (as defined in section 1402 of such Code) * reported to the Commissioner of Internal Revenue on tax returns under such subchapter or to the Secretary of the Treasury, or his delegate on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such subchapter or chapter to such self-employment income, which self-employment income shall be certified by the Secretary of Health, Education, and Welfare on the basis of the records of self-employment income established and maintained by the Secretary of Health, Education, and

1 See p. 335.

2 For deposits in Trust Fund on account of taxes on remuneration considered wages pursuant to agreements entered into by domestic corporations with respect to their foreign subsidiaries, see sec. 3121 (1) (6) of the Internal Revenue Code of 1954, p. 335. Formerly the (Federal Security) Administrator. See "Administration of Social Security Act" under Preface, p. III.

See p. 325.

Welfare in accordance with such returns, less the amounts specified in clause (2) of subsection (b) of this section.

The amounts appropriated by clauses (3) and (4) shall be transferred from time to time from the general fund in the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund, and the amounts appropriated by clauses (1) and (2) of subsection (b) shall be transferred from time to time from the general fund in the Treasury to the Federal Disability Insurance Trust Fund, such amounts to be determined on the basis of estimates by the Secretary of the Treasury of the taxes, specified in clauses (3) and (4) of this subsection, paid to or deposited into the Treasury; and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the taxes specified in such clauses (3) and (4) of this subsection.

(b) There is hereby created on the books of the Treasury of the United States a trust fund to be known as the "Federal Disability Insurance Trust Fund". The Federal Disability Insurance Trust Fund shall consist of such amounts as may be appropriated to, or deposited in, such fund as provided in this section. There is hereby appropriated to the Federal Disability Insurance Trust Fund for the fiscal year ending June 30, 1957, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of

5

(1) 1⁄2 of 1 per centum of the wages (as defined in section 3121 of the Internal Revenue Code of 1954) paid after December 31, 1956, and reported to the Secretary of the Treasury or his delegate pursuant to subtitle F of the Internal Revenue Code of 1954, which wages shall be certified by the Secretary of Health, Education, and Welfare on the basis of the records of wages established and maintained by such Secretary in accordance with such reports; and

6

(2) 3% of 1 per centum of the amount of self-employment income (as defined in section 1402 of the Internal Revenue Code of 1954) reported to the Secretary of the Treasury or his delegate on tax returns under subtitle F of the Internal Revenue Code of 1954 for any taxable year beginning after December 31, 1956, which self-employment income shall be certified by the Secretary of Health, Education, and Welfare on the basis of the records of self-employment income established and maintained by the Secretary of Health, Education, and Welfare in accordance with such returns.

(c) With respect to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (hereinafter in this title called the "Trust Funds") there is hereby created a body to be known as the Board of Trustees of the Trust Funds (hereinafter in this title called the "Board of Trustees") which Board of Trustees shall be composed of the Secretary of the Treasury, the Secretary of Labor, and the Secretary of Health, Education, and Welfare, all ex officio. The Secretary of the Treasury shall be the Managing Trustee of the Board of Trustees (hereinafter in this title.

See p. 335.

See p. 325.

« PreviousContinue »