Title 42, The Public Health and WelfareRelease 119-110

§1320b–13 Social Security Account Statements

Title 42 › CHAPTER 7 — SOCIAL SECURITY › SUBCHAPTER XI — GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE SIMPLIFICATION › Part A — General Provisions › § 1320b–13

Last updated Sep 23, 2026|Official source

Summary

The Social Security Commissioner must give people a social security account statement if they ask, starting October 1, 1990. The statement shows the wages and self‑employment income the agency has on file. It gives estimates of the combined employer, employee, and self‑employment contributions for old‑age, survivors, and disability insurance and a separate estimate for hospital insurance (Medicare HI). It also gives an estimate of possible monthly retirement, disability, survivor, and auxiliary benefits and explains Medicare benefits under subchapter XVIII. If a person’s work looks like it might not be covered by Social Security, the statement must explain, in plain words, how rules in sections 402(k)(5) and 415(a)(7) could change their monthly benefits. The Commissioner must try to tell eligible people that the statements are available. By September 30, 1995, the agency had to mail statements to people who were age 60 by October 1, 1994, not getting Social Security benefits, and with a current address. In fiscal years 1995–1999, the agency must mail statements to people who turn 60 in those years and meet the same conditions. Starting October 1, 1999, the agency must send a statement every year to each eligible person not receiving benefits if a mailing address can be found. Statements for people under age 50 do not have to include retirement amount estimates, but must describe the retirement (including auxiliary) benefits available. For state or local jobs that are not covered by Social Security starting on or after January 1, 2005, the employer must give a plain‑language written notice before the job starts about how sections 415(a)(7) and 402(k)(5) affect benefits, and the worker must sign and return a receipt form before beginning work.

Full Legal Text

Title 42, §1320b–13

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

(a)Provision upon request
(1)Beginning not later than October 1, 1990, the Commissioner of Social Security shall provide upon the request of an eligible individual a social security account statement (hereinafter referred to as the “statement”).
(2)Each statement shall contain—
(A)the amount of wages paid to and self-employment income derived by the eligible individual as shown by the records of the Commissioner at the date of the request;
(B)an estimate of the aggregate of the employer, employee, and self-employment contributions of the eligible individual for old-age, survivors, and disability insurance as shown by the records of the Commissioner on the date of the request;
(C)a separate estimate of the aggregate of the employer, employee, and self-employment contributions of the eligible individual for hospital insurance as shown by the records of the Commissioner on the date of the request;
(D)an estimate of the potential monthly retirement, disability, survivor, and auxiliary benefits payable on the eligible individual’s account together with a description of the benefits payable under the medicare program of subchapter XVIII; and
(E)in the case of an eligible individual described in paragraph (3)(C)(ii), an explanation, in language calculated to be understood by the average eligible individual, of the operation of the provisions under section 402(k)(5) and 415(a)(7) of this title and an explanation of the maximum potential effects of such provisions on the eligible individual’s monthly retirement, survivor, and auxiliary benefits.
(3)For purposes of this section, the term “eligible individual” means an individual—
(A)who has a social security account number,
(B)who has attained age 25 or over, and
(C)(i)who has wages or net earnings from self-employment, or (ii) with respect to whom the Commissioner has information that the pattern of wages or self-employment income indicate a likelihood of noncovered employment.
(b)Notice to eligible individuals
The Commissioner shall, to the maximum extent practicable, take such steps as are necessary to assure that eligible individuals are informed of the availability of the statement described in subsection (a).
(c)Mandatory provision of statements
(1)By not later than September 30, 1995, the Commissioner shall provide a statement to each eligible individual who has attained age 60 by October 1, 1994, and who is not receiving benefits under subchapter II and for whom a current mailing address can be determined through such methods as the Commissioner determines to be appropriate. In fiscal years 1995 through 1999 the Commissioner shall provide a statement to each eligible individual who attains age 60 in such fiscal years and who is not receiving benefits under subchapter II and for whom a current mailing address can be determined through such methods as the Commissioner determines to be appropriate. The Commissioner shall provide with each statement to an eligible individual notice that such statement is updated annually and is available upon request.
(2)Beginning not later than October 1, 1999, the Commissioner shall provide a statement on an annual basis to each eligible individual who is not receiving benefits under subchapter II and for whom a mailing address can be determined through such methods as the Commissioner determines to be appropriate. With respect to statements provided to eligible individuals who have not attained age 50, such statements need not include estimates of monthly retirement benefits. However, if such statements provided to eligible individuals who have not attained age 50 do not include estimates of retirement benefit amounts, such statements shall include a description of the benefits (including auxiliary benefits) that are available upon retirement.
(d)Disclosure to governmental employees of effect of noncovered employment
(1)In the case of any individual commencing employment on or after January 1, 2005, in any agency or instrumentality of any State (or political subdivision thereof, as defined in section 418(b)(2) of this title) in a position in which service performed by the individual does not constitute “employment” as defined in section 410 of this title, the head of the agency or instrumentality shall ensure that, prior to the date of the commencement of the individual’s employment in the position, the individual is provided a written notice setting forth an explanation, in language calculated to be understood by the average individual, of the maximum effect on computations of primary insurance amounts (under section 415(a)(7) 1 of this title) and the effect on benefit amounts (under section 402(k)(5) 1 of this title) of monthly periodic payments or benefits payable based on earnings derived in such service. Such notice shall be in a form which shall be prescribed by the Commissioner of Social Security.
(2)The written notice provided to an individual pursuant to paragraph (1) shall include a form which, upon completion and signature by the individual, would constitute certification by the individual of receipt of the notice. The agency or instrumentality providing the notice to the individual shall require that the form be completed and signed by the individual and submitted to the agency or instrumentality and to the pension, annuity, retirement, or similar fund or system established by the governmental entity involved responsible for paying the monthly periodic payments or benefits, before commencement of service with the agency or instrumentality.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Paragraph (5) of section 402(k) of this title, referred to in subsecs. (a)(2)(E) and (d)(1), was repealed by Pub. L. 118–273, § 2(a), Jan. 5, 2025, 138 Stat. 3232. Paragraph (7) of section 415(a) of this title, referred to in subsecs. (a)(2)(E) and (d)(1), was repealed by Pub. L. 118–273, § 3(a)(1), Jan. 5, 2025, 138 Stat. 3232.

Amendments

2004—Subsec. (a)(1). Pub. L. 108–203, § 421(1), substituted “Commissioner of Social Security” for “Secretary”. Subsec. (a)(2)(A) to (C). Pub. L. 108–203, § 421(2), substituted “Commissioner” for “Secretary”. Subsec. (a)(2)(E). Pub. L. 108–203, § 419(b), added subpar. (E). Subsec. (a)(3). Pub. L. 108–203, § 419(a)(1), struck out “who” after “an individual” in introductory provisions. Subsec. (a)(3)(A), (B). Pub. L. 108–203, § 419(a)(1), inserted “who” before “has”. Subsec. (a)(3)(C). Pub. L. 108–203, § 419(a)(2), (3), designated existing provisions as cl. (i), inserted “who” before “has wages”, and inserted “, or” and cl. (ii) before period. Subsecs. (b), (c). Pub. L. 108–203, § 421(2), substituted “Commissioner” for “Secretary” wherever appearing. Subsec. (d). Pub. L. 108–203, § 419(c), added subsec. (d). 1997—Subsec. (a)(2)(B), (C). Pub. L. 105–78 substituted “employer, employee,” for “employee”. 1990—Subsec. (c)(2). Pub. L. 101–508, § 5111(a)(2), substituted “an annual” for “a biennial”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2004 Amendment Pub. L. 108–203, title IV, § 419(d), Mar. 2, 2004, 118 Stat. 534, provided that: “The

Amendments

made by subsections (a) and (b) of this section [amending this section] shall apply with respect to social security account statements issued on or after January 1, 2007.”

Reference

Citations & Metadata

Citation

42 U.S.C. § 1320b–13

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110