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a payment of remuneration is ordinarily made to the employee by the person employing him. This subsection shall not be applicable with respect to services performed in a pay period by an employee for the person employing him, where any of such service is excepted by paragraph (9) of subsection (b).
(d) The term "American vessel" means any vessel documented or numbered under the laws of the United States; and includes any vessel which is neither documented or numbered under the laws of the United States nor documented under the laws of any foreign country, if its crew is employed solely by one or more citizens or residents of the United States or corporations organized under the laws of the United States or of any State.
(e) The term "primary insurance benefit" means an amount equal to the sum of the following—
(1) (A) 40 percentum 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 oenefit thus computed is less than $10, such benefit shall be $10.
(f J 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.
(g) The term "fully insured individual" means any individual with respect to whom it appears to the satisfaction of the Administrator" 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" means 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
» See Reorganization Plan No. 1 of 19513, p. 416.
of such year following his tirst 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.
(h) The term "currently insured individual" means any individual with respect to whom it appears to the satisfaction of the Administrator that ne had not less than six quarters of coverage during the period consisting of the quarter in which he died and the twelve quarters immediately preceding such quarter.
(1) The term "agricultural labor" includes all service performed—
(1) On a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and fur-bearing animals and wildlife.
(2) In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of such service is performed on a farm.
(3) In connection with the production or harvesting of maple sirup or maple sugar or any commodity defined as an agricultural commodity in section 15 (g) of the Agricultural Marketing Act,17 as amended, or in connection with the raising or harvesting of mushrooms, or in connection with the hatching of poultry, or in connection with the ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways used exclusively for supplying and storing water for farming purposes.
(4) In handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, any agricultural or horticultural commodity; but only if such service is performed as an incident to ordinary farming operations or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market. The provisions of this paragraph shall not be deemed to be applicable with respect to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption.
As used in this subsection, the term "farm" includes stock, dairy, poultry, fruit, fur-bearing animal, and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards.
17 Sec. 15 (g) of tile Agricultural Marketing Act detineB "agricultural commodity" to include "In addition to other agricultural commodities, crude gum (oleoreslnl from a living tree, and tlte followlim products na processed by the original producer of the crude gum (oleoresln) from which derived . Gum, spirits of turpentine, find gum resin, • * *."
(o) (1) Officers And Members Of Crews Employed By War ShipPing Administration.—The term "employment" shall include such service as is determined by the Administrator, War Shipping Administration, to be performed after September 30, 1941, and prior to the termination of title I of the First War Powers Act, 1941, on or in connection with any vessel by an officer or member of the crew as an employee of the United States employed through the War Shipping Administration or, in respect to such service performed before February 11,1942, the United States Maritime Commission, but shall not include any such service performed (1) under a contract entered into without the United States and during the performance of which the vessel does not touch at a port in the United States, or (2) on a vessel documented under the laws of any foreign country and bareboat chartered to the War Shipping Administration.
(2) The Federal Security Administrator shall not make determinations as to whether an individual has performed services which are employment by reason of this subsection, or the periods of such services, or the amounts of remuneration for such services, or the periods in which or for which such remuneration was paid, but shall accept the determinations with respect thereto of the Administrator, War Shipping Administration, and such agents as he may designate, as evidenced by returns filed by such Administrator as an employer pursuant to section 1426 (i) of the Internal Revenue Code and certifications made pursuant to this subsection. Such determinations shall be final and conclusive.
(3) The Administrator, War Shipping Administration, is authorized and directed, upon written request of the Federal Security Administrator to make certification to him with respect to any matter determinable for the Federal Security Administrator by the War Shipping Administrator under this subsection, which the Federal Security Administrator finds necessary in administering this title.
(4) This subsection shall be effective as of September 30, 1941.18 (p) (1) The term "employment" shall include such service as is
determined by the Bonneville Power Administrator (hereinafter called Administrator) to be performed after December 31, 1945, by a laborer, mechanic, or workman, in connection with construction work or the operation and maintenance of electrical facilities, as an employee performing service for the Administrator, but shall not include any service performed by such a laborer, mechanic, or workman to whom the Act of May 29, 1930 (46 Stat. 468), as amended, applies. (2) The Federal Security Administrator shall not make determinations as to whether an individual has performed services which are employment by reason of this subsection, the periods of such services, the amounts of remuneration for such services which constitutes "wages" under the provisions of this section, or the periods in which or for which such wages were paid, but shall accept the determinations with respect thereto of the Administrator, and such agents as he may designate, as evidenced by returns filed by the Administrator as an employer pursuant to section 1426 (j) of the Internal Revenue Code and certifications made pursuant to this subsection. Such determinations shall be final and conclusive.
"'Subsec. (o) was added by the Act of March 24, 11148 (57 Stat. 45), and amended by the Act of April 4, 1944 (58 Stat. 188). See also sec. 1 (a) of the Act of March 24, 1943. p. 434.
(3) The Administrator is authorized and directed, upon written request of the Federal Security Administrator, to make certification to him with respect to any matter determinable for the Federal Security Administrator by the Administrator under this subsection, which the Federal Security Administrator finds necessary in administering this title.1*
(q> Subject to such limitation as may be prescribed by regulation, the Administrator shall determine (or upon application shall recompute) the amount of any monthly benefit as though application for such benefit (or for recomputation) had been filed in the calendar quarter in which, all other conditions of entitlement being met, an application for such benefit would have yielded the highest monthly rate of benefit. This subsection shall not authorize the payment of a benefit for any month for which no benefit would, apart from this subsection, be payable, or in the case of recomputation of a benefit, of the recomputed benefit for any month prior to the month for which application for recomputation is filed.20
(r) With respect to wages paid to an individual in the six-month periods commencing either January 1, 1937, or July 1, 1937; (A) if wages of not less than $100 were paid in any such period, one-half of the total amount thereof shall be deemed to have been paid in each of the calendar quarters in such period; and (B) if wages of less than $100 were paid in any such period, the total amount thereof shall be deemed to have been paid in the latter quarter of such period, except that if in any such period, the individual attained age sixty-five, all of the wages paid in such period shall be deemed to have been paid
Sec. 1101. (a) When used in this Act— * * *
(6) The term "employee" includes an officer of a corporation, but such term does not include (1) any individual who, under the usual common-law rules applicable in determining the employeremployee relationship, has the status of an independent contractor or (2) any individual (except an officer of a corporation) who is not an employee under such common-law rules.21
"Subsec. (p) was added by the Act of October 23, 1945 (59 Stat. 646). Subsecs. (q) and (r) were added by the Social Security Act Amendments of 1946, effective August 10, 1946.
•> See footnote 19.
n The exclusion from the definition of "employee" of the Individuals specified In clauses (1) and (2) of subpar. (6) was made by subsec. (a) of sec. 2 of the Act of June 14, 1948 (Public Law 642, 80th Cong.). Subsecs. (b) and (c) of that section read:
"(b) The amendment made by subsection (a) shall have the same effect as If Included In the Social Security Act on August 14, 1935, the date of its enactment, but shall not have the effect of voiding any (1) wage credits reported to the Bureau of Internal Revenue with respect to services performed prior to the enactment of this Act or (2) wage credits with respect to services performed prior to the close of the first calendar quarter which begins after the date of the enactment of this Act In the case of Indlvdtuals who have attained age sixty-five or who have died prior to the close of such quarter, and with respect to whom prior to the date of enactment of this Act wage credits were established which would not have been established had the amendment made by subsection (a) been In effect on and after August 14, 1935.
"(c) (1) The Federal Security Administrator Is directed to estimate and report to the Congress at the earliest practicable date (A) the total amount paid as benefits under title II of the Social Security Act which would not have been paid had the amendment made by subsection (a) been In effect on and after August 14, 1935, and (B) the total amount of such payments which the Administrator estimates will hereafter be paid by virtue of the provisions of subsection (b).
"(2) There Is hereby authorized to be appropriated to the Federal Old-Age and Survlvori Insurance Trust Fund a sum equal to the aggregate of the amount! reported to the Congress under paragraph (1)."
EXCERPTS FROM THE SOCIAL SECURITY ACT, AS
REDUCTION OP INSUKANCB BENEFITS
Sec. 203. (a) Whenever the total monthly benefits to which individuals are entitled under section 202 for a month on the basis of the wages and self-employment income of an insured individual exceeds $168.75, or is more than $45 and exceeds 80 per centum of his average monthly wage (as determined under subsection (b) or (c) of section 215, whichever is applicable), such totai of benefits shall, after any deductions under this section, be reduced to $1(58.75 or to 80 per centum of his average monthly wage, whichever is the lesser, but in no case to less than $45, except that when any of such individuals so entitled would (but for the provisions of section 202 (k) (2) (A)) be entitled to child's insurance benefits on the basis of the wages and self-employment income of one or more other insured individuals, such total of benefits shall, after any deductions under this section, be reduced to $168.75 or to 80 per centum of the sum of the average monthly wages of all such insured individuals, whichever is the lesser, but in no case to less than $45. Whenever a reduction is made under this subsection, each benefit, except the old-age insurance benefit, shall be proportionately decreased."
DEDUCTIONS ON ACCOUNT OF WORK OB FAILURE TO HAVE CHILD
(b) Deductions in such amounts and at such time or times as the Administrator M shall determine, shall be made from any payment or payments under this title to which an individual is entitled, until the total of such deductions equals such individual's benefit or benefits under section 202 for any month—
(1) in which such individual is under age of seventy-five and in which he rendered services for wages (as determined under section 209 without regard to subsection (a) thereof) of more than $75; or
(2) in which such individual is under the age of seventy-five and for which month he is charged, under the provisions of subsection (e) of this section, with net earnings from self-employment of more than $75; or
(3) in which such individual, if a wife under retirement age entitled to a wife's insurance benefit, did not have in her care (individually or jointly with her husband) a child of her husband entitled to a child's insurance benefit; or
(4) in which such individual, if a widow entitled to a mother's insurance benefit, did not have in her care a child of her deceased husband entitled to a child's insurance benefit; or
(5) in which such individual, if a former wife divorced entitled to a mother's insurance benefit, did not have in her care a child,
"Sec. '2 (b) (2) of the 1952 Amendments amended sec. »168.75" and "$45" for "$150" and "$40," respectively, when ec. 203 (a) of the Act, as amended by the 1950 Amendments.
» See Reorganization Plan No. 1 of 1953, p. 415.
203 (a) by inbatltntliig wherever they appeared In Bud