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output (including the performance of services) rather than to the number of hours worked, and

(C) the services performed by the individual are performed pursuant to a written contract between such individual and the person for whom the services are performed and such contract provides that the individual will not be treated as an employee with respect to such services for Federal tax purposes. (2) DIRECT SELLER.-The term "direct seller" means any person if—

(A) such person—

(i) is engaged in the trade or business of selling (or soliciting the sale of) consumer products to any buyer on a buy-sell basis, a deposit-commission basis, or any similar basis which the Secretary prescribes by regulations, for resale (by the buyer or any other person) in the home or otherwise than in a permanent retail establishment, 56

(ii) is engaged in the trade or business of selling (or soliciting the sale of) consumer products in the home or otherwise than in a permanent retail establishment, or 57

(iii) is engaged in the trade or business of the delivering or distribution of newspapers or shopping news (including any services directly related to such trade or business), 58

(B) substantially all the remuneration (whether or not paid in cash) for the performance of the services described in subparagraph (A) is directly related to sales or other output (including the performance of services) rather than to the number of hours worked, and

(C) the services performed by the person are performed pursuant to a written contract between such person and the person for whom the services are performed and such contract provides that the person will not be treated as an employee with respect to such services for Federal tax purposes.

(3) COORDINATION WITH RETIREMENT PLANS FOR SELF-EMPLOYED. This section shall not apply for purposes of subtitle A to the extent that the individual is treated as an employee under section 401(c)(1) (relating to self-employed individuals).

56 P.L. 104-188, §1118(a), struck out "or". 57 P.L. 104-188, §1118(a), inserted "or".

58 P.L. 104-188, §1118(a), added clause (iii).

Accreditation:

1865

Actuarial

INDEX TO SOCIAL SECURITY ACT

A

1861(e)(end); 1863;

Analysis: 201(c) end

Assistance:

1903(k)

Rate; SMIB premium: 1839(a)
Value: 217(g)(1); 1876(e)
Actuary: 201(c)(end); 1817(b)(end);

1841(b)(end)

Addict

Demonstration project; SSI:

1110(b)(2)(D)

Representative payee requirement:

1631(a)(2)

Social services: 2002(a)(2)(A)
Administrative Finality

Court review: 205(g), (h); 1631(c)(3)
Extension; nonwork days: 216(j)
Penalty: 1128A(g)

Statute of limitations;

interrelationship: 205(c)(5)

Work deductions; benefits suspended
all year: 203(h)(1)(B)

Adoption assistance agreement: 473;

475(3)
Advisory Council

Federal; unemployment
compensation: 908

Health Insurance Benefits: 1122(i)
National Advisory Health Council:

1122(i)

Public Welfare: 1114

Social Security: 706

Age

Aid to aged, blind, or disabled:
1602(b)(1)*

Hospital benefits: 1811; 1818(a)(1)
Increase factor:

216(1)(3)

Medical assistance: 1902(b)(1)
Medical benefits: 1836

Reduction in benefit amount: 202(q)
Requirement

Child benefits:

202(d)(1)

Disability benefits: 223(a)(1)(B)
Husband benefits:

202(c)(1)(B)

Old-age assistance: 2(b)(1); 4; 6(a)

Old-age benefits: 202(a)(2)

Parent benefits:

202(h)(1)(A)

Widow benefits:

202(e)(1)(B)(i)

Widower benefits: 202(f)(1)(B)

Wife benefits:

202(b)(1)(B)

*State-administered Title XVI

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Agent-driver; employee: 210(j)(3)(A)
Material participation: 211(a)(1)
State; Parent Locator Service:
453(c)

Agricultural Labor

Bees: 210(f)(1)

Crew leader; definition: 210(n)
Definition: 210(f)

Farm; definition: 210(g)
Foreign worker: 210(a)(1)

Material participation: 211(a)(1)
Quarter of coverage: 213(a)(2)(A)(i),
(a)(2)(B)(iv); 213(a)(end)

Sharefarmer; Exclusion

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State plan requirements: 1002(a)
Veterans benefits: 1133
Aid to Permanently and Totally-
Disabled: 1109; 1133; 1401; 1402;
1403; 1405; 1602(a)(11)*
Alaska

Federal percentage: 1101(a)(8)(D)
Native

Stock share; resources exclusion:
1613(a)(5)

Payment to hospital: 1886(d)(5)(H)
Alien

Adoption assistance: 473(a)(2)(end)
Color of law: 1614(a)(1)(B)
Departure from U.S.: 202(t)(8)
Employment: 210(a)(18), 210(a)(19)
Foster care: 472(a)(end)
1614(f)(3)

Income; deemed:
Lawfully admitted: 1614(a)(1)(B)
Nonpayment provision: 202(t);
228(f); 233(c)(2)

Outside U.S.

Check delivery or negotiation:
202(t)(4), 202(t)(10)

Treated as remaining: 202(t)(1);
1611(f)

Overpayment liability: 1621(e)
Prosecution: 208(d)

Resources; deemed: 1614(f)(3)
Self-employment income:

211(b)(end)

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Income ranges: 1631(a)(3)
Special age 72 benefits: 228(b)
SSI benefits: 1127; 1611(c)(2), (c)(3);
1613(d)(3)

Transitionally insured worker: 227
Worker: 215(a)

Anesthesia: 1842(q); 1848(a)(2)(C)
Anesthetist: 1832(a)(2)(B); 1833(1);
1842(b)(13); 1861(b)(4), (bb);
1862(a)(14)

Annual Earnings Test
Alien nonpayment provision:
202(t)(7)

Armed Forces pay outside U.S.:
203(f)(5)(C)

Beneficiary: 203(b)(1)

Deferred income: 203(f)(5)(D)(ii)
Dependents: 203(b)(1)
Effect of

Death: 203(f)(8)(A)

Legislative change: 203(f)(8)(C)

Estimate: 203(h)(3)
Excess Earnings

Amount: 203(f)(3)
Charging: 203(f)

Exempt amount: 203(f)(8)
Insured worker: 203(b)(1)
NE/SE: 203(f)(5)(B)
Penalty: 203(h)(2); 208(a)
Presumptions: 203(f)(4), 203(f)(6)
Retirement pay: 203(f)(5)(C)
Royalties: 203(f)(5)(D)(i)
Total earnings: 203(f)(5)
Wages: 203(f)(5)(A)(i), (f)(5)(C)
Work deductions: 203(f)(1)
Annuity

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estimate: 455(b)(3); 1603(b)(4)*;
1903(d)(4)

OASI trust fund: 201(a)
Paternity establishment: 451
Purpose: 1401; 1601*; 1901
Reimbursement of Trust Funds
Deemed wages of Armed Forces:
229(b)

Government contributions and

contingency reserve:
Internee (Japanese): 231(c)
Social services:

2001
Spouse support: 451

State or community program on
aging: 301

Supplemental security income: 1601
Transitional independent living

programs: 470

1844(a)(2)

Unemployment compensation: 301
Unemployment Trust Fund:
901(b)(1), (b)(2)
Arrangements

Definition: 1861(w)(1)

Utilization review activities:
1861(w)(2)

Assessment

Nursing Facility

Committee: 1919(b)(1)(B)
Resident's functional capacity:

1919(b)(3), (b)(6)(C)

Principal: 1128A(1)
Skilled Nursing Facility

Committee: 1819(b)(1)(B)
Resident's functional capacity:
1819(b)(3), (b)(6)(C), (g)(2)(E)(iii)

Assignment

Alimony and child support: 459(a)
Health insurance program: 1842(b)
Limitation: 1902(a)(32)

Medicare supplemental policy

payment: 1842(h)(3)
Prohibition: 207; 1631(d)(1);
1902(a)(32)

Right to payment; assignment of
collection: 1902(a)(45); 1912
Attachment: 207; 1631(d)(1)
Attendant Care: 1612(b)(4)(B)(ii)
Attorney fee: 206(b)
Attorney General
Agreement

Civil monetary penalty:
1128A(c)(1)

Issuance of social security

numbers: 205(c)(2)(B)(iii)
Alien; information: 1621(d)
Civil action: 508(b)(1), (c);

1892(a)(2)(C)(i), (a)(3)(A)
Duty to notify: 202(t); (u)
Audit

Adoption assistance: 471(a)(13)
Authority to request documents:
1861(v)(1)(I)

Child support program: 452(a)(4)
Foster care: 471(a)(13)

Nursing facility: 1919
Provider records: 1902(a)(42)
Skilled nursing facility: 1819
State

Independent: 506(b)(1); 2006(b)
Plan: 471(a)(13); 1902(a)(13)(A)
Average Indexed Monthly Earnings:
212(b); 215

Average Monthly Wage: 212; 215

B

Bankruptcy: 207; 456(b); 1631(d)(1)
Bees: 210(f)(1)

Benefits

Adjustment: 202(e)(6), (f)(7);

215(i)(3)

Assignment: 207; 1631(d)(1)

Attachment:

207; 1631(d)(1)

Benefit excludable from income:

209(a)(17)

Certification of payment: 205(i)
Computation

Base years: 215(b)

Bend points: 203(a);

215(a)(1)(B)(iii); (e)
Computation years: 215(b)(2)
Primary insurance amount:

215(a)

Primary insurance benefit: 215(d)
Public Health Service reserve

officer: 215(h)

Reduction for age: 202(q)
Rounding: 215(g)
Deferral: 1131(a)
Definition: 1631(g)(2)
Delivery date: 708(a)

Denial: 2(a)(4); 1842(1)(2)
Execution: 207; 1631(d)(1)
Garnishment: 207; 459; 1631(d)(1)
Insolvency law: 207; 1631(d)(1)
Legal process: 207; 1631(d)(1)
Levy: 207; 1631(d)(1)

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