Title 42 — The Public Health and WelfareRelease 119-73
§427 Transitional insured status for purposes of old-age and survivors benefits
Title 42 › Chapter CHAPTER 7— - SOCIAL SECURITY › Subchapter SUBCHAPTER II— - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS › § 427
Summary
Allows people who turned 72 before 1969 to get old-age or spouse Social Security benefits with fewer work credits than normally required. Instead of needing 6 quarters of coverage, the worker can qualify with 3 quarters. A spouse can also qualify with 3 quarters only if the spouse also turned 72 before 1969 and only for months on or after the month the spouse turned 72. For each month before the worker gets the full work credits, the worker’s benefit must be at least $64.40 (or the higher amount most recently set under section 415(i)), and the spouse’s benefit must be at least $32.20 (or the higher 415(i) amount). If the worker died and did not have the full credits, a surviving spouse who turned 72 before 1969 can qualify with fewer quarters: 3 quarters if the surviving spouse turned 72 in or before 1966, 4 quarters if in 1967, or 5 quarters if in 1968. If a person who qualified under the reduced rule then dies, that person is treated as meeting the rules above when deciding the surviving spouse’s benefits.
Full Legal Text
Title 42, §427
The Public Health and Welfare — Source: USLM XML via OLRC
(a)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)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.
(c)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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
section 402(m) of this title, referred to in subsec. (b), was repealed by Pub. L. 97–35, title XXII, § 2201(b)(10), Aug. 13, 1981, 95 Stat. 831.
Amendments
1983—Subsec. (a). Pub. L. 98–21, § 304(a), substituted “spouse” for “wife”, “spouse’s” for “wife’s”, and “he or she” for “she”, wherever appearing, substituted “the” for “his” after “402(a) of this title, and of” and preceding “spouse” in two places and preceding “old-age insurance”, and inserted “or section 402(c)” after “section 402(b)” wherever appearing. Subsec. (b). Pub. L. 98–21, § 304(b), substituted “surviving spouse” for “widow” and “surviving spouse’s” for “widow’s” wherever appearing, substituted “the” for “her” after “determining” and “The amount of”, and inserted “or section 402(f)” after “section 402(e)” wherever appearing. Subsec. (c). Pub. L. 98–21, § 304(b)(1), (2), (4), substituted “surviving spouse” for “widow” wherever appearing and “surviving spouse’s” for “widow’s”, and inserted “or section 402(f)” after “section 402(e)”. 1973—Subsec. (a). Pub. L. 93–233, § 2(b)(1), substituted “the larger of $64.40 or the amount most recently established in lieu thereof under section 415(i) of this title” for “$58.00” and “the larger of $32.20 or the amount most recently established in lieu thereof under section 415(i) of this title” for “$29.00”. Subsec. (b). Pub. L. 93–233, § 2(b)(1), substituted “the larger of $64.40 or the amount most recently established in lieu thereof under section 415(i) of this title” for “$58.00”. 1972—Subsec. (a). Pub. L. 92–336, § 201(g)(1)(A), substituted “$58.00” for “$48.30” and “$29.00” for “$24.20”. Subsec. (a)(1). Pub. L. 92–603, § 104(e), substituted “paragraph (1) of section 414(a) of this title” for “so much of paragraph (1) of section 414(a) of this title as follows clause (C)”. Subsec. (b). Pub. L. 92–336, § 201(g)(1)(B), substituted “$58.00” for “$48.30”. Subsec. (b)(1). Pub. L. 92–603, § 104(f), substituted “paragraph (1) thereof” for “so much of paragraph (1) thereof as follows clause (C)”. 1971—Subsec. (a). Pub. L. 92–5, § 202(a)(1), substituted “$48.30” for “$46” and “$24.20” for “$23”. Subsec. (b). Pub. L. 92–5, § 202(a)(2), substituted “$48.30” for “$46”. 1969—Subsec. (a). Pub. L. 91–172, § 1003(a)(1), substituted “$46” for “$40”, and “$23” for “$20”. Subsec. (b). Pub. L. 91–172, § 1003(a)(2), substituted “$46” for “$40”. 1968—Subsec. (a). Pub. L. 90–248, § 102(a)(1), substituted “$40” for “$35” and “$20” for “$17.50”. Subsec. (b). Pub. L. 90–248, § 102(a)(2), substituted “$40” for “$35”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1983 AmendmentAmendment by Pub. L. 98–21 applicable only with respect to monthly payments payable under this subchapter for months after April 1983, see section 310 of Pub. L. 98–21 set out as a note under section 402 of this title.
Effective Date
of 1973 Amendment Pub. L. 93–233, § 2(b)(1), Dec. 31, 1973, 87 Stat. 952, provided that the amendment made by that section is effective June 1, 1974. Amendment by Pub. L. 93–233 applicable with respect to monthly benefits under this subchapter for months after May 1974, and with respect to lump-sum death payments under section 402(i) of this title, see section 2(c) of Pub. L. 93–233, set out as a note under section 415 of this title.
Effective Date
of 1972 AmendmentAmendment by Pub. L. 92–603 applicable only in the case of a man who attains (or would attain) age 62 after December 1974, see section 104(j) of Pub. L. 92–603, set out as a note under section 414 of this title. Amendment by Pub. L. 92–336 applicable with respect to monthly benefits under subchapter II of this chapter for months after August 1972, see section 201(i) of Pub. L. 92–336, set out as a note under section 415 of this title.
Effective Date
of 1971 Amendment Pub. L. 92–5, title II, § 202(c), Mar. 17, 1971, 85 Stat. 10, provided that: “The
Amendments
made by subsections (a) and (b) [amending this section and section 428 of this title] shall apply with respect to monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1970.”
Effective Date
of 1969 Amendment Pub. L. 91–172, title X, § 1003(c), Dec. 30, 1969, 83 Stat. 741, provided that: “The
Amendments
made by subsections (a) and (b) [amending this section and section 428 of this title] shall apply with respect to monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after December 1969.”
Effective Date
of 1968 Amendment Pub. L. 90–248, title I, § 102(c), Jan. 2, 1968, 81 Stat. 828, provided that: “The
Amendments
made by subsections (a) and (b) [amending this section and section 428 of this title] shall apply with respect to monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for months after January 1968.”
Effective Date
Pub. L. 89–97, title III, § 309(b), July 30, 1965, 79 Stat. 380, provided that: “The amendment made by subsection (a) [enacting this section] shall apply in the case of monthly benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] for and after the second month following the month [July 1965] in which this Act is enacted on the basis of applications filed in or after the month in which this Act is enacted.” Repeal of Amendment of Subsecs. (a) and (b) Prior to
Effective Date
Pub. L. 92–336, title II, § 202(a)(4), July 1, 1972, 86 Stat. 416, which, effective Jan. 1, 1975, substituted “the larger of $58.00 or the amount most recently established in lieu thereof under section 415(i) of this title” for “$58.00” and “the larger of $29.00 or the amount most recently established in lieu thereof under section 415(i) of this title” for “$29.00”, was repealed prior to its
Effective Date
by Pub. L. 93–233, § 2(b)(2), Dec. 31, 1973, 87 Stat. 952, applicable with respect to monthly benefits under this subchapter for months after May 1974, and with respect to lump-sum death payments under section 402(i) of this title. See section 2(c) of Pub. L. 93–233, set out as an
Effective Date
of 1973 Amendment note under section 415 of this title.
Reference
Citations & Metadata
Citation
42 U.S.C. § 427
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73