U.S. CODE

U.S. Code

§ 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

In the case of any individual who attains the age of 72 before 1969 but who does not meet the requirements of section 414 (a) of this title, the 6 quarters of coverage referred to in paragraph (1) of section 414 (a) of this title shall, instead, be 3 quarters of coverage for purposes of determining entitlement of such individual to benefits under section 402 (a) of this title, and of the spouse to benefits under section 402 (b) or section 402 (c) of this title, but, in the case of such spouse, only if he or she attains the age of 72 before 1969 and only with respect to spouse’s insurance benefits under section 402 (b) or section 402 (c) of this title for and after the month in which he or she attains such age. For each month before the month in which any such individual meets the requirements of section 414 (a) of this title, the amount of the old-age insurance benefit shall, notwithstanding the provisions of section 402 (a) 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 and the amount of the spouse’s insurance benefit of the spouse shall, notwithstanding the provisions of section 402 (b) or section 402 (c) of this title, be the larger of $32.20 or the amount most recently established in lieu thereof under section 415 (i) 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] 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)

In the case of any individual who becomes, or upon filing application therefor would become, entitled to benefits under section 402 (a) of this title by reason of the application of subsection (a) of this section, who dies, and whose surviving spouse attains the age of 72 before 1969, such deceased individual shall be deemed to meet the requirements of subsection (b) of this section for purposes of determining entitlement of such surviving spouse to surviving spouse’s insurance benefits under section 402 (e) or section 402 (f) of this title.

[1] See References in Text note below.

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