(5) Who died prior to September 1960, and:

(1) Whose survivors are (or would, but for the provisions of § 404.277, be) entitled to a recomputation of his primary insurance amount as provided in § 404.271, and

(ii) No one was entitled to survivors benefits or the lump-sum death payment payable on his earnings record on the basis of an application filed prior to September 1960 nor was anyone entitled to such benefits for any month prior to September 1960 without the filing of an application; or

(6) Who dies and whose survivors are (or would, but for the provisions of § 404.277, be) entitled on the basis of an application filed after August 1960, to a recomputation of his primary insurance amount in accordance with § 404.270.

(b) Period of disability. The provisions of §§ 404.103 (d) (1) (iv) and 404.104(d) apply without the limitation described therein in the case of an application to establish a period of disability filed after August 1960.

(c) Effective month. Where an individual is not fully insured except for the provisions of this section, no benefits shall be payable on the basis of his earnings record for any month prior to September 1960.

§ 404.106 Quarters of coverage; allocation of wages paid in 1937.

In 1937, employers reported wages paid their employees on a semi-annual basis (ie., the periods of 6 months beginning January 1, 1937 and July 1, 1937) rather than on a quarterly basis as they have done since. Such wages must be allocated to the calendar quarters of 1937 to determine quarters of coverage in that year. Such allocation is made as follows:

(a) If wages of not less than $100 were paid in any semiannual period in 1937, one-half of the total amount thereof shall be deemed to have been paid in each of the calendar quarters in such period.

(b) If wages of less than $100 were paid in any semiannual period in 1937, the total amount thereof shall be deemed to have been paid in the latter quarter

of such period, except that if in any such semiannual period the individual attained age 65 all of the wages paid in such period shall be deemed to have been paid before the individual attained age 65.

§ 404.107

Quarters of coverage; crediting self-employment income to calendar quarters.

For purposes of determining whether, in accordance with § 404.103 (b) (2), 8 calendar quarter is a quarter of coverage, self-employment income is credited to calendar quarters as follows:

(a) Calendar taxable year. If the individual's taxable year is a calendar year, the self-employment income for such taxable year is credited equally to each quarter of such calendar year.

(b) Fiscal or short taxable year. If the individual's taxable year commences on a date other than January 1, or if it is less than a full calendar year, the self-employment income for such taxable year is credited equally to the calendar quarter in which such taxable year ends and to each of the next three or fewer preceding quarters, any part of which is in such taxable year. For rules applicable in determining quarters of coverage where an individual is credited with "maximum" earnings for a year based on self-employment income alone, or on a combination of self-employment income and wages, see § 404.103(d) (2).

(Sec. 212, 64 Stat. 504, as amended; 42 U.S.C. 412)

§ 404.108

Fully insured status; general.

(a) Factors involved. An individual is fully insured if he is credited with a required number of quarters of coverage. The number of quarters of coverage required depends generally on the following: the date the individual, if a man, attains age 65 or, if a woman, attains age 62 (for months before November 1956, the determining age for a woman was also age 65), or if death occurs before attainment of sucn age, the date of death; whether or not a period of disability has been established for the individual; and the insured status requirement in effect at the time the individual files application for benefits, is first eligible for benefits, or dies.

(b) When fully insured status begins. An individual is fully insured beginning with the first day of the calendar quarter in which he acquires the last required

quarter of coverage (see 88 404.103 (f) and 404.109-404.112). Though fully insured under the statutory provisions in effect during a particular period an individual may not be fully insured under the statutory provisions in effect for a prior period and, in such case, no benefits would be payable for such prior period though benefits may be payable currently based on the later requirements. The following §§ 404.109-404.113, set forth the various fully insured status requirements and their period of applicability.

[28 F.R. 3378, Apr. 6, 1963; as amended at 29 F.R. 11651, Aug. 14, 1964]

§ 404.109 Fully insured status; beginning August 1961.

(a) Quarters of coverage requirement. An individual is fully insured after July 1961, if credited with not less than:

(1) One quarter of coverage, whenever acquired, for each calendar year elapsing after 1950, or, if later, the year in which the individual attained age 21, and:

(i) In the case of a woman, before the year in which she attains age 62, or, if she is deceased and death occurred prior to attainment of age 62, before the year in which she died;

(ii) In the case of a man, before the year in which he would attain, or did attain age 65 or, if he is deceased, before the year in which he died if death occurred prior to attainment of age 65; or

(2) Forty quarters of coverage; or

(3) In the case of an individual who died before 1951, 6 quarters of coverage. (See § 404.113a (c) for an exception.)

No

(b) Minimum quarters of coverage required for fully insured status under paragraph (a)(1) of this section. individual shall be fully insured under the provisions of paragraph (a)(1) of this section, if such individual is credited with less than 6 quarters of COVerage, except as otherwise provided in § 404.113a (a) and (c).

(c) Determining elapsed years for purposes of paragraph (a)(1) of this section. In determining the number of elapsed years for purposes of paragraph (a) (1) of this section, any year, all or any part of which is included in a period of disability established for the individual is not counted as an elapsed year.

(d) Deemed quarters of coverage based on wages prior to 1951-(1) General. For purposes of paragraph (a) of this section and the provision in paragraph

(b) of this section requiring a minimum of six quarters of coverage, an individual shall be deemed to have one quarter of coverage for each $400 of his total wages prior to 1951. (For definition of "total wages prior to 1951," see subparagraph (2) of this paragraph.) This rule is applicable in the case of an individual who applies for old-age insurance benefits after January 2, 1968, or who dies after such date without being entitled to oldage or disability insurance benefits. However, it does not apply where (i) such individual would not be a fully insured individual on the basis of the number of quarters of coverage derived under this rule plus the number of quarters of coverage derived from the wages and self-employment income credited to him for periods after 1950, or (ii) such individual's elapsed years (for purposes of paragraph (a) (1) of this section) are less than seven.

(2) "Total wages prior to 1951" defined. For the purpose of subparagraph (1) of this paragraph "total wages prior to 1951" with respect to an individual means the sum of (i) remuneration credited to such individual prior to 1951 on the records of the Secretary, (ii) wages deemed paid prior to 1951 to such individual under section 217 of the Act (relating to benefits in case of veterans), and (iii) compensation under the Railroad Retirement Act of 1937 prior to 1951 creditable to him pursuant to title II of the Act.

(e) Applicability of the provisions of this section. The provisions of this section apply in determining whether an individual is fully insured for purposes of (1) entitlement to monthly benefits for months after July 1961, based on application filed after February 1961; (2) to a lump-sum death payment where death occurs after July 1961; or (3) to establish a period of disability where application is filed after February 1961.

(f) Table for determining quarters of coverage required for fully insured status. The following table may be used to ascertain the number of quarters of coverage required for a fully insured status for benefits for months after July 1961 and for the lump-sum death payment where death occurs after July 1961. Instructions for use of the table are set forth in subparagraphs (1), (2), and (3) of this paragraph. The numbers of quarters of coverage which appear in column II may be reduced by the application of the provision of subparagraph

(1) Individual born before January 2, 1930-column I of table. The number of quarters of coverage required for a fully insured status by an individual born before January 2, 1930, appears in column II on the same line as that in column I on which appears the year in which such individual will attain (or did attain) age 62, if a woman, or age 65, if a man, or, if such individual died before attaining such age, on which appears the year of death. (However, see subparagraph (3) of this paragraph if the individual had established a period of disability.)

(2) Individual born after January 1, 1930-column III of table. The number of quarters of coverage required for a fully insured status by an individual born after January 1, 1930, appears in column II on the same line as that in column III on which appears such individual's age in the year in which such individual died. (However, see subparagraph (3) of this paragraph if the individual had established a period of disability.)

(3) Period of disability to be excluded. In any case in which an individual had a period of disability established which is to be excluded in determining the number of quarters of coverage required for a fully insured status (see § 404.109 (c)), the number of quarters of coverage determined in accordance with subparagraphs (1) or (2) of this paragraph is reduced by one whenever all or any part of a year falls within the established period of disability.

(Sec. 228, 80 Stat. 67; 42 U.S.C. 428) [28 F.R. 3378, Apr. 6, 1963, as amended at 31 F.R. 12093, Sept. 16, 1966; 34 F.R. 18933, Nov. 27, 1969]

§ 404.110 Fully insured status; October 1960 to August 1961.

(a) Quarters of coverage requirement. An individual is fully insured after September 1960 if credited with not less than:

(1) One quarter of coverage, whenever acquired, for every three calendar quarters elapsing:

(1) After 1950 or, if later, the year in which such individual attained age 21, and

(ii) Before the year in which such individual died or, if earlier, the year in which such individual attained age 62, if a woman, or age 65, if a man; or

(2) Six quarters of coverage, and such individual died before 1951 and was not fully insured under the provisions in effect at the time he died.

(b) Minimum quarters of coverage requirement for fully insured status under paragraph (a) (1) of this section. Notwithstanding the provisions of paragraph (a)(1) of this section, no individual shall be fully insured under the provisions of such paragraph (a) (1) if such individual is credited with less than six quarters of coverage.

(c) Determining elapsed quarters for purposes of paragraph (a) (1) of this section. In determining the number of elapsed quarters for purposes of paragraph (a)(1) of this section any calendar quarter all or any part of which is included in a period of disability established for the individual is not counted as an elapsed quarter unless such quarter is a quarter of coverage (see §§ 404.103 and 404.104(d)). In any case in which the number of elapsed quarters is not a multiple of three, it shall be reduced to the next lower multiple of three.

(d) Applicability of the provisions of this section. The provisions of this sec

tion apply in determining whether an individual is fully insured for purposes of entitlement to monthly benefits for months after September 1960 and before August 1961, based on application filed after August 1960, in cases of a lump-sum death payment where death occurred after September 1960 and before August 1961, and to establish a period of disability based on application filed after September 1960 and before March 1961. § 404.111 Fully insured status; after August 1950 and before October 1960.

(a) Quarters of coverage requirement; general. An individual is fully insured if such individual:

(1) Is credited with one quarter of coverage, whenever acquired, for each two calendar quarters elapsing:

(1) After 1950 or, if later, after the quarter in which such individual attained age 21, and

(ii) Before the quarter in which such individual died or, if earlier, before the quarter in which such individual attained age 65, if a man or, if a woman, age 65 for benefits for months prior to November 1956, age 62 for benefits for months after October 1956 and for a lump-sum death payment where death occurred after October 1956; or

(2) Did not die before January 1955 and had acquired as quarters of coverage, all but four (or fewer) of the calendar quarters elapsing after 1954, and up to the later of:

(1) July 1, 1957; or

(ii) The first day of the calendar quarter beginning after July 1, 1957, in which such individual, if a man, attained age 65 or, if a woman, attained age 62, or in which such individual died, whichever occurred earlier; or

(3) Died before September 1950 and was credited with not less than six quarters of coverage and was not fully insured under the rules in effect at the time of death. (See also paragraph (d) of this section for restriction on applicability of this subparagraph.)

(b) Minimum quarters of coverage requirement. Notwithstanding the provisions of paragraph (a) (1) or (2) of this section, no individual shall be fully insured under the provisions of such paragraph (a) (1) if such individual is credited with less than six quarters of coverage whenever acquired or, in the case of such paragraph (a)(2), if such individual has not acquired as quarters

of coverage at least six of the calendar quarters in the period specified in paragraph (a) (2) of this section.

(c) Determining elapsed quarters. In determining the number of elapsed quarters for purposes of paragraph (a)(1) of this section any calendar quarter, all or any part of which is included in a period of disability established for the individual, is not counted as an elapsed quarter unless such quarter is a quarter of coverage (see §§ 404.103 and 404.104(d)). In any case in which the number of elapsed quarters is odd, such number is reduced by one.

(d) Applicability of the provisions of this section. The provisions of this section apply (1) in determining whether an individual is fully insured for entitlement to monthly benefits for months after August 1950 and before October 1960, except that the provisions of paragraph (a)(3) of this section apply only for benefits for months after August 1954 and prior to October 1960 but do not apply in determining entitlement during this period of a former wife divorced to mother's insurance benefits (see Subpart D); (2) for purposes of entitlement to a lump-sum death payment in cases of deaths occurring after August 1950 and before October 1960; and (3) for purposes of entitlement to a period of disability based on application filed after December 1954 and before October 1960.

§ 404.112 Fully insured status; individual died before September 1950.

(a) Quarters of coverage requirement. An individual who died before September 1950, is fully insured if credited with not less than one quarter of coverage for each two calendar quarters elapsing:

(1) After 1936 or, if later, the quarter in which he attained age 21; and

(2) Before the quarter in which he died or, if earlier, the quarter in which he attained age 65.

(b) Minimum quarters of coverage requirement. Notwithstanding the provisions of paragraph (a) of this section, no individual shall be fully insured if such individual is credited with less than six quarters of coverage.

(c) Determining elapsed quarters. If the number of elapsed quarters, for purposes of paragraph (a) of this section, is odd, such number is reduced by one.

(d) Applicability of provisions in this section. The provisions of this section apply in cases where the individual died

prior to September 1950, without becoming entitled to old-age insurance benefits and application is filed after August 1950 for survivors insurance benefits beginning in the period after August 1950 and before September 1954; except that in the case of a former wife divorced filing application for mother's insurance benefits, the provisions of this section apply for benefits beginning in the period after August 1950 and before October 1960.

§ 404.113 Fully insured status based on active military or naval service during World War II.

An individual not otherwise fully insured, who served in the active military or naval service of the United States during World War II and who died within 3 years after separation from such service and before July 27, 1954, is deemed to have died fully insured if the conditions described in § 404.1301 and §§ 404.1315-404.1321 are met.

§ 404.113a Transitional insured status.

The provisions of paragraphs (a), (b), and (c) of this section are applicable in the case of monthly benefits under title II of the Act for months beginning September 1965 on the basis of applications filed after June 1965.

(a) Old-age insurance benefits. (1) Quarters of coverage required: For purposes of entitlement to an old-age insurance benefit by individuals who attain age 72 before 1969, the six quarters of coverage referred to in § 404.109 (b) shall instead be three. Thus, an individual who attains the age of 72 before 1969, who does not have the quarters of coverage required by § 404.109 (b) for a fully insured status, may nevertheless qualify for an old-age insurance benefit of $40 ($35 prior to February 1968), upon attainment of age 72, if he or she has one quarter of coverage for each calendar year elapsing after 1950 and before the year of attainment of age 65, in the case of a man, or age 62, in the case of a woman, subject to reduction if § 404.109 (c) is applicable. In no case, however, may an individual qualify for an old-age insurance benefit if he or she has less than three quarters of coverage.

(2) The following table may be used to determine the quarters of coverage required for a man under subparagraph (1) of this paragraph when no period of disability is involved.

(4) Effect of period of disability: If the worker on whose earnings the benefit is based has established a period of disability which reduces the elapsed years below 6 in accordance with § 404.109 (c), the claimant may qualify for an old-age insurance benefit under this paragraph on the basis of fewer than six quarters of coverage (but not less than 3) provided the claimant attains age 72 before 1969.

(5) Amount of benefit: For each month for which an individual is entitled to an old-age insurance benefit on the basis of subparagraph (1) of this paragraph, the amount of his old-age insurance benefit shall, notwithstanding the provisions of § 404.305, be $40 ($35 prior to February 1968).

(b) Wife's insurance benefits. If an individual is entitled to old-age insurance benefits at age 72 under the provisions of paragraph (a)(1) of this section, his wife, as defined in section 216(b) of the Act (but not a divorced wife as defined in section 216(d) (1) of the Act), may become entitled to wife's insurance benefits upon attainment of age 72 and upon filing application for such benefits, if she attains such age before 1969. For each month for which her husband is entitled to an old-age insurance benefit on the basis of paragraph (a)(1) of this section, the amount of her wife's insurance benefit payable under this paragraph, shall, notwithstanding the provisions of § 404.315, be $20 ($17.50 prior to February 1968).

(c) Widow's insurance benefits. (1) Quarters of coverage required; individ