§909 — Title 42 The Public Health and Welfare | U.S. Code

Summary

When the regular day for delivering benefit checks under subchapters II, VIII, or XVI falls on a Saturday, Sunday, or a legal public holiday (as defined in section 6103 of title 5), the checks must be mailed to arrive on the first earlier day that is not a Saturday, Sunday, or legal public holiday, even if that means they are sent before the month ends. If getting a check early causes someone to receive more than the correct amount for that month, no action will be taken to recover the extra under section 404 or 1383(b) or otherwise. For calculating the "OASDI trust fund ratio" under section 401(l), the "OASDI fund ratio" under section 415(i), and the "balance ratio" under section 910(b), checks mailed early under the rule above are treated as if they were delivered on the regular payment date.

Title 42, §909

The Public Health and Welfare — Source: USLM XML via OLRC

(a)If the day regularly designated for the delivery of benefit checks under subchapter II, VIII, or XVI falls on a Saturday, Sunday, or legal public holiday (as defined in section 6103 of title 5) in any month, the benefit checks which would otherwise be delivered on such day shall be mailed for delivery on the first day preceding such day which is not a Saturday, Sunday, or legal public holiday (as so defined), without regard to whether the delivery of such checks would as a result have to be made before the end of the month for which such checks are issued.

(b)If more than the correct amount of payment under subchapter II, VIII, or XVI is made to any individual as a result of the receipt of a benefit check pursuant to subsection (a) before the end of the month for which such check is issued, no action shall be taken (under section 404 or 1383(b) of this title or otherwise) to recover such payment or the incorrect portion thereof.

(c)For purposes of computing the “OASDI trust fund ratio” under section 401(l) of this title, the “OASDI fund ratio” under section 415(i) of this title, and the “balance ratio” under section 910(b) of this title, benefit checks delivered before the end of the month for which they are issued by reason of subsection (a) of this section shall be deemed to have been delivered on the regularly designated delivery date.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1999—Subsecs. (a), (b). Pub. L. 106–169 substituted “subchapter II, VIII,” for “subchapter II”. 1986—Subsec. (c). Pub. L. 99–272 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 1986 Amendment Pub. L. 99–272, title XII, § 12111(c), Apr. 7, 1986, 100 Stat. 288, provided that: “The

Amendments

made by this section [amending this section and section 86 of Title 26, Internal Revenue Code] shall apply with respect to benefit checks issued for months ending after the date of the enactment of this Act [Apr. 7, 1986].”

Effective Date

Pub. L. 95–216, title III, § 333(b), Dec. 20, 1977, 91 Stat. 1544, provided that: “The amendment made by subsection (a) of this section [enacting this section] shall apply with respect to benefit checks the regularly designated day for delivery of which occurs on or after the thirtieth day after the date of the enactment of this Act [Dec. 20, 1977].” Timing of Delivery of

October 1, 2000, SSI Benefit Payments Pub. L. 105–33, title V, § 5527, Aug. 5, 1997, 111 Stat. 625, provided that, notwithstanding the provisions of section 908(a) of this title, the day designated for delivery of benefit payments under subchapter XVI of this chapter for October 2000 would be the second day of that month, prior to repeal by Pub. L. 106–246, div. B, title V, § 5105,

July 13, 2000, 114 Stat. 582.

§909 Delivery of benefit checks

Summary

Title 42, §909

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

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