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NOTES:
Source
(Aug. 16, 1954, ch. 736, 68A Stat. 417; Sept. 1, 1954, ch. 1206, title II, §§ 204(a), (b),
205
(a)–(e), 206(a), 207, 209, ; Aug. 1, 1956, ch. 836, title I, §§ 103(j),
, title II, §§ 201(b)–(d), (e)(1), (h)(1), (2), (j)–(l), , 839–841, 843; Aug. 1, 1956, ch. 837, title IV, §§ 410,
, ; , title IV, §§ 402(b),
,
, (b), Aug. 28, 1958, , 1044–1046; , title I, § 69, Sept. 2, 1958, ; , § 22(a), June 25, 1959, ; , title I, § 104(h), title II, § 202(a), Aug. 18, 1959, , 389; , § 18(c), July 12, 1960, ; , title I, §§ 103(n)–(p), 104(b), 105(a), Sept. 13, 1960, , 939, 942; , § 110(e)(1), Sept. 21, 1961, ; , title II, § 202(a)(1), (2), Sept. 22, 1961, ; , title II, § 220(c)(2), Feb. 26, 1964, ; , § 4(b), Oct. 13, 1964, ; , title III, §§ 311(b)(4), (5),
313
(c)(3), (4),
, (b),
,
320
(b)(2), July 30, 1965, , 383, 386, 388, 393; , title I, §§ 108(b)(2),
, title IV, § 403(i), title V, § 504(a), Jan. 2, 1968, , 845, 932, 934; , title IX, § 943(c)(1)–(3), Dec. 30, 1969, ; , title II, § 203(b)(2), Mar. 17, 1971, ; , title II, § 203(b)(2), July 1, 1972, ; , title I, §§ 104(i),
,
, (b), (c)(2),
,
,
, Oct. 30, 1972, , 1354, 1356, 1358, 1359, 1365; , title II, § 203(b)(2), (d), July 9, 1973, ; , § 5(b)(2), (d), Dec. 31, 1973, ; , title XII, § 1207(e)(1)(A), title XIX, §§ 1903(a)(3),
1906
(b)(13)(A), (C), Oct. 4, 1976, , 1807, 1834; , § 1(b), (c), Oct. 19, 1976, ; , title III, §§ 312(a), (b), (d), (f), (g),
314
(a),
315
(a),
–(d), Dec. 20, 1977, , 1555; , § 3(b), Oct. 17, 1978, ; , title I, § 164(b)(3), Nov. 6, 1978, ; , title I, § 101(a)(10)(B)(i), Apr. 1, 1980, ; , title XI, § 1141(a)(1), Dec. 5, 1980, ; , title I, § 124(e)(2)(A), Aug. 13, 1981, ; , § 3(b), Dec. 29, 1981, ; , title II, § 278(a)(1), Sept. 3, 1982, ; , title I, §§ 101(b), (c)(2),
, title III, §§ 321(a), (e)(1),
322
(a)(2),
323
(a)(1),
324
(a),
327
(a)(1), (b)(1),
328
(a), Apr. 20, 1983, , 70, 118, 119, 121, 122, 126–128; , div. A, title I, § 67(c), title IV, § 491(d)(36), title V, § 531(d)(1)(A), div. B, title VI, §§ 2601(b),
, (b),
,
, (j)(5)(C), July 18, 1984, , 851, 884, 1124, 1128, 1159, 1169, 1171; , § 3(b), Dec. 26, 1985, ; , title XII, § 12112(b), title XIII, §§ 13205(a)(1),
13303
(c)(2), Apr. 7, 1986, , 313, 327; , title III, § 304(b), June 6, 1986, ; , title IX, § 9002(b)(1)(A), (2)(A), Oct. 21, 1986, ; , title I, § 122(e)(1), title XI, §§ 1108(g)(7),
1147
(b),
1151
(d)(2)(A), title XVIII, §§ 1882(c),
1883
(a)(11)(B),
1895
(b)(18)(A),
1899A
(38)–(40), Oct. 22, 1986, , 2435, 2494, 2505, 2915, 2916, 2935, 2960; , title IX, §§ 9001(b),
,
,
,
,
, (b)(2),
9023
(d), Dec. 22, 1987, to 1330–289, 1330–296; , title I, §§ 1001(d)(2)(C)(i), (g)(4)(B)(i),
,
1011B
(a)(22)(A), (23)(A),
, (u)(35), title III, § 3043(c)(2), title VIII, §§ 8015(b)(2), (c)(2),
8016
(a)(3)(A), (4)(A), (C),
8017
(b), Nov. 10, 1988, , 3352, 3461, 3485, 3486, 3586, 3592, 3642, 3791–3793; , title II, § 203(a)(2), Nov. 8, 1989, ; , title X, § 10201(a), (b)(3), Dec. 19, 1989, ; , title XI, §§ 11331(a),
11332
(b), Nov. 5, 1990, , 1388–469; , title III, § 321, Dec. 1, 1990, ; , title V, § 521(b)(34), July 3, 1992, ; , title IX, § 902(b)(1), Oct. 29, 1992, ; , title XIII, § 13207(a), Aug. 10, 1993, ; , title II, § 204(c), Dec. 3, 1993, ; , title I, § 108(h)(2), title III, §§ 303(a)(2), (b)(2),
319
(a)(1), (5),
320
(a)(1)(C), Aug. 15, 1994, , 1519, 1533–1535; , § 2(a)(1)(A)–(C), Oct. 22, 1994, ; , title I, §§ 1116(a)(1)(A), (B),
1421
(b)(8)(A),
1458
(b)(1), Aug. 20, 1996, , 1798, 1819; , title XI, § 11246(b)(2)(A), as added , div. A, § 101(h) [title VIII, § 802(a)(2)], Oct. 21, 1998, , 2681–532; , title VI, § 642(d)(2), Oct. 10, 1997, ; , title VI, § 6023(13), July 22, 1998, ; , § 1(a)(7) [title III, § 319(15)], Dec. 21, 2000, , 2763A–647; , title I, § 106(b)(2), Nov. 11, 2003, .)
References in Text
The Social Security Act, referred to in subsecs. (a)(1), (15), (b), (d)(4), (j)(2)(D), (4)(B), (l)(1), (4), (6), (r)(3)(A), (u), (w)(1), and (x), is act Aug. 14, 1935, ch. 531, , as amended. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter
of Title
, The Public Health and Welfare. Sections 201, 210, 215, 218, 223, 230, and 233 of the Act are classified to sections
,
,
,
,
,
, and
, respectively, of Title
. For complete classification of this Act to the Code, see section
of Title
and Tables.
Section 3(2)(B)(ii) of the Employee Retirement Income Security Act of 1974, referred to in subsec. (a)(5)(F), is classified to section
of Title
, Labor.
Section 105(e)(2) of the Indian Self-Determination Act, referred to in subsec. (b)(5)(B)(i)(V), was renumbered section 104(e)(2) of that Act by , title II, § 203(a), Oct. 5, 1988, , without corresponding amendment to this section. Section 104(e)(2) of the Indian Self-Determination Act is classified to section
of Title
, Indians. Section 105 of that Act is classified to section
of Title
.
Level V of the Executive Schedule, referred to in subsec. (b)(5)(D)(iii), is set out in section
of Title
, Government Organization and Employees.
Section 301 of the Federal Employees’ Retirement System Act of 1986, referred to in subsec. (b)(5)(H)(i), is section 301 of , which is set out as a note under section
of Title
, Government Organization and Employees.
The Federal Employees’ Retirement System Open Enrollment Act of 1997, referred to in subsec. (b)(5)(H)(i), is section 642 of , title VI, Oct. 10, 1997, , which is classified principally to a note under section
of Title
, Government Organization and Employees. For complete classification of this Act to the Code, see Tables.
The Foreign Service Act of 1980, referred to in subsec. (b)(5)(H)(ii), is , Oct. 17, 1980, , as amended. Subchapter II of chapter 8 of title I of the Act is classified generally to part II (§ 4071 et seq.) of subchapter
of chapter
of Title
, Foreign Relations and Intercourse. Section 860 of the Act is classified to section
of Title
. For complete classification of this Act to the Code, see Short Title note set out under section
of Title
and Tables.
The Internal Security Act of 1950, as amended, referred to in subsec. (b)(17), is act Sept. 23, 1950, ch. 1024, , as amended, which is classified principally to chapter 23 (§ 781 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section
of Title
and Tables.
Section 101(a)(15) of the Immigration and Nationality Act, referred to in subsec. (b)(18), (19), is classified to section
of Title
, Aliens and Nationality.
Section 15(g) of the Agricultural Marketing Act, referred to in subsec. (g)(3), is classified to section
of Title
, Banks and Banking.
The Peace Corps Act, referred to in subsecs. (i)(3), (p), is , title I, Sept. 22, 1961, , as amended, which is classified principally to chapter 34 (§ 2501 et seq.) of Title 22, Foreign Relations and Intercourse. Sections 5 and 6 of the Peace Corps Act are classified to sections
and
of Title
. For complete classification of this Act to the Code, see Short Title note set out under section
of Title
and Tables.
Chapter 9 of the Internal Revenue Code of 1939, referred to in subsec. (j)(4)(B), was comprised of sections 1400 to 1636 of former Title 26, Internal Revenue Code. For table of comparisons of the 1939 Code to the 1986 Code, see Table I preceding section
of this title. See also section
of this title for applicability of chapter 9 of former Title 26. See also section
of this title for provision that references in the 1986 Code to a provision of the 1939 Code, not then applicable, shall be deemed a reference to the corresponding provision of the 1986 Code, which is then applicable.
The Military Selective Service Act, referred to in subsec. (n)(5)(B), is act June 24, 1948, ch. 625, , as amended, which is classified principally to section
et seq. of Title 50, Appendix, War and National Defense. For complete classification of this Act to the Code, see References in Text note set out under section
of Title
, Appendix, and Tables.
Amendments
2003—Subsec. (a)(18). substituted “, 129, or 134(b)(4)” for “or 129”.
2000—Subsec. (a)(5)(G). substituted a comma for the semicolon at end.
1998—Subsec. (a)(5)(F). , § 6023(13)(A), which directed the substitution of a comma for the semicolon at end of subpar. (F), could not be executed because a semicolon did not appear at end of subpar. (F).
Subsec. (a)(5)(G). , § 6023(13)(B), struck out “or” at end.
Subsec. (a)(5)(I). , § 6023(13)(C), substituted a semicolon for the period at end.
Subsec. (b)(7)(C). added , § 11246(b)(2)(A). See 1997 Amendment note below.
1997—Subsec. (b)(5)(H)(i). substituted “1986,” for “1986 or” and inserted “or the Federal Employees’ Retirement System Open Enrollment Act of 1997” after “( U.S.C. ),”.
Subsec. (b)(7)(C). , § 11246(b)(2)(A), as added by , inserted “(other than the Federal Employees Retirement System provided in chapter
of title
, United States Code)” after “law of the United States” in introductory provisions.
1996—Subsec. (a)(5)(F). , § 1421(b)(8)(A), struck out “or” at end.
Subsec. (a)(5)(G). , § 1458(b)(1), which directed that subpar. (G) be amended by striking “(or)” at the end, could not be executed because “(or)” did not appear.
, § 1421(b)(8)(A), inserted “or” at end.
Subsec. (a)(5)(H). , § 1458(b)(1), inserted “or” at end.
, § 1421(b)(8)(A), added subpar. (H).
Subsec. (a)(5)(I). , § 1458(b)(1), added subpar. (I).
Subsec. (b). , § 1116(a)(1)(A), inserted closing provisions “For purposes of paragraph (20), the operating crew of a boat shall be treated as normally made up of fewer than 10 individuals if the average size of the operating crew on trips made during the preceding 4 calendar quarters consisted of fewer than 10 individuals.”
Subsec. (b)(20)(A). , § 1116(a)(1)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “such individual does not receive any cash remuneration (other than as provided in subparagraph (B)),”.
1994—Subsec. (a)(7)(B). , § 2(a)(1)(A), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “cash remuneration paid by an employer in any calendar quarter to an employee for domestic service in a private home of the employer, if the cash remuneration paid in such quarter by the employer to the employee for such service is less than $50. As used in this subparagraph, the term ‘domestic service in a private home of the employer’ does not include service described in subsection (g)(5);”.
Subsec. (b)(7)(F)(iv). , § 303(a)(2), substituted “$1,000 with respect to service performed during any calendar year commencing on or after January 1, 1995, ending on or before December 31, 1999, and the adjusted amount determined under section 218(c)(8)(B) of the Social Security Act for any calendar year commencing on or after January 1, 2000, with respect to service performed during such calendar year” for “$100”.
Subsec. (b)(10)(B). , § 108(h)(2), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services”.
Subsec. (b)(15). , § 319(a)(5), inserted “, except service which constitutes ‘employment’ under subsection (y)” after “international organization”.
Subsec. (b)(19). , § 320(a)(1)(C), substituted “(J), (M), or (Q)” for “(J), or (M)” in two places.
Subsec. (b)(21). , § 2(a)(1)(C), added par. (21).
Subsec. (u)(2)(B)(ii)(V). , § 303(b)(2), substituted “$1,000 with respect to service performed during any calendar year commencing on or after January 1, 1995, ending on or before December 31, 1999, and the adjusted amount determined under section 218(c)(8)(B) of the Social Security Act for any calendar year commencing on or after January 1, 2000, with respect to service performed during such calendar year” for “$100”.
Subsec. (x). , § 2(a)(1)(B), added subsec. (x).
Subsec. (y). , § 319(a)(1), added subsec. (y).
1993—Subsec. (a)(1). , § 13207(a)(1), inserted “in the case of the taxes imposed by sections
and
” after “(1)”, substituted “contribution and benefit base (as determined under section 230 of the Social Security Act)” for “applicable contribution base (as determined under subsection (x))” in two places, and substituted “such contribution and benefit base” for “such applicable contribution base”.
Subsec. (b)(5)(H)(i). substituted “section 307 of the Central Intelligence Agency Retirement Act ( U.S.C. )” for “section 307 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees”.
Subsec. (x). , § 13207(a)(2), struck out subsec. (x) which defined parameters of the applicable contribution base for purposes of this chapter.
1992—Subsec. (b)(5)(E). substituted “United States Court of Federal Claims” for “United States Claims Court”.
Subsec. (v)(1)(A). substituted “402(e)(3)” for “402(a)(8)”.
1990—Subsec. (a)(1). , § 11331(a)(1), substituted “applicable contribution base (as determined under subsection (x))” for “contribution and benefit base (as determined under section 230 of the Social Security Act)” wherever appearing and “such applicable contribution base” for “such contribution and benefit base”.
Subsec. (b)(7)(F). , § 11332(b), added subpar. (F).
Subsec. (x). , § 11331(a)(2), added subsec. (x).
1989—Subsec. (l)(1). , § 10201(b)(3), substituted “paragraph (6)” for “paragraph (8)” in introductory provisions.
Subsec. (l)(2). , § 10201(a)(1), inserted at end “Notwithstanding any other provision of this subsection, the period for which any such agreement is effective with respect to any foreign entity shall terminate at the end of any calendar quarter in which the foreign entity, at any time in such quarter, ceases to be a foreign affiliate as defined in paragraph (6).”
Subsec. (l)(3). , § 10201(a)(2), (3), added par. (3) and struck out former par. (3) relating to termination of period by American employer.
Subsec. (l)(4). , § 10201(a)(2), (4), redesignated par. (6) as (4) and struck out former par. (4) relating to termination of period by Secretary.
Subsec. (l)(5). , § 10201(a)(2), (4), redesignated par. (7) as (5) and struck out former par. (5) relating to no renewal of agreement.
Subsec. (l)(6) to (10). , § 10201(a)(4), redesignated pars. (6) to (10) as (4) to (8), respectively.
Subsec. (x). amended this section to read as if amendments by , § 1011B(a)(22)(A), had not been enacted, see 1988 Amendment note below.
1988—Subsec. (a)(5)(G). , § 1011B(a)(23)(A), inserted “if such payment would not be treated as wages without regard to such plan and it is reasonable to believe that (if section
applied for purposes of this section) section
would not treat any wages as constructively received” after “section
)”.
Subsec. (a)(8)(B). , § 8017(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “cash remuneration paid by an employer in any calendar year to an employee for agricultural labor unless (i) the cash remuneration paid in such year by the employer to the employee for such labor is $150 or more, or (ii) the employer’s expenditures for agricultural labor in such year equal or exceed $2,500;”.
Subsec. (a)(11). , § 1001(g)(4)(B)(i), inserted “(determined without regard to section
)” after “section
”.
Subsec. (a)(21). , § 3043(c)(2), added par. (21).
Subsec. (b)(5). , § 8015(c)(2), inserted “any such service performed on or after any date on which such individual performs” after “with respect to” in provision preceding subpar. (C).
Subsec. (b)(5)(H). , § 8015(b)(2), amended subpar. (H) generally. Prior to amendment, subparagraph (H) read as follows: “service performed by an individual on or after the effective date of an election by such individual under section 301(a) of the Federal Employees’ Retirement System Act of 1986, or under regulations issued under section 860 of the Foreign Service Act of 1980 or section 307 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, to become subject to chapter
of title
, United States Code;”.
Subsec. (b)(19). , § 1001(d)(2)(C)(i), substituted “(F), (J), or (M)” for “(F) or (J)” in two places.
Subsec. (b)(20). , § 8016(a)(4)(A), (C), made technical correction to directory language of , § 13303(c)(2), see 1986 Amendment note below.
Subsec. (d)(3), (4). , § 8016(a)(3)(A), redesignated par. (4) as (3) and substituted “; or” for a period at the end, and redesignated par. (3) as (4), substituted a period for “; or” at the end, and moved redesignated par. (4) to the end of the subsection.
Subsec. (u)(2)(B)(ii)(VI). , § 1018(r)(2)(A), added subcl. (VI).
Subsec. (v)(3)(A). , § 1011(e)(8), substituted “457(f)(1)” for “457(e)(1)”.
Subsec. (v)(3)(C). , § 1018(u)(35), substituted “Savings” for “Saving”.
Subsec. (x). , § 1011B(a)(22)(A), added subsec. (x) relating to benefits provided under certain employee benefit plans.
1987—Subsec. (a)(2)(C). , § 9003(a)(2), substituted “death, except that this paragraph does not apply to a payment for group-term life insurance to the extent that such payment is includible in the gross income of the employee” for “death”.
Subsec. (a)(5)(F). , § 9023(d)(1), substituted a comma for semicolon before “or” at end.
Subsec. (a)(5)(G). , § 9023(d)(2), substituted a semicolon for comma at end.
Subsec. (a)(8)(B)(ii). , § 9002(b), added cl. (ii) and struck out former cl. (ii) which read as follows: “the employee performs agricultural labor for the employer on 20 days or more during such year for cash remuneration computed on a time basis;”.
Subsec. (b)(3)(A). , § 9005(b)(1), substituted “18” for “21”.
, § 9004(b)(1), struck out “performed by an individual in the employ of his spouse, and service” after “service”.
Subsec. (b)(3)(B). , § 9005(b)(2), inserted “under the age of 21 in the employ of his father or mother, or performed by an individual” after first reference to “individual”.
, § 9004(b)(2), inserted introductory provisions and struck out former introductory provisions which read as follows: “service not in the course of the employer’s trade or business, or domestic service in a private home of the employer, performed by an individual in the employ of his son or daughter; except that the provisions of this subparagraph shall not be applicable to such domestic service if—”.
Subsec. (i)(2). , § 9001(b)(2), substituted “only (A) his basic pay as described in chapter 3 and section
of title
, United States Code, in the case of an individual performing service to which subparagraph (A) of such subsection (m)(1) applies, or (B) his compensation for such service as determined under section
of title
, United States Code, in the case of an individual performing service to which subparagraph (B) of such subsection (m)(1) applies.” for “only his basic pay as described in chapter 3 and section
of title
, United States Code.”
Subsec. (m)(1). , § 9001(b)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The term ‘employment’ shall, notwithstanding the provisions of subsection (b) of this section, include service performed by an individual as a member of a uniformed service on active duty; but such term shall not include any such service which is performed while on leave without pay.”
Subsec. (q). , § 9006(a), in heading substituted “both employee and employer taxes” for “employee taxes”, and in text struck out “other than for purposes of the taxes imposed by section
” after “of this chapter”, substituted “remuneration for such employment (and deemed to have been paid by the employer for purposes of subsections (a) and (b) of section
)” for “remuneration for employment”, and inserted before period at end “; except that, in determining the employer’s liability in connection with the taxes imposed by section
with respect to such tips in any case where no statement including such tips was so furnished (or to the extent that the statement so furnished was inaccurate or incomplete), such remuneration shall be deemed for purposes of subtitle F to be paid on the date on which notice and demand for such taxes is made to the employer by the Secretary”.
Subsec. (t). , § 9006(b)(2), struck out subsec. (t) which related to special rule for determining wages subject to employer tax in case of certain employers whose employees receive income from tips.
1986—Subsec. (a)(5)(C). , § 1108(g)(7), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “under a simplified employee pension if, at the time of the payment, it is reasonable to believe that the employee will be entitled to a deduction under section
for such payment,”.
Subsec. (a)(5)(G). , § 1151(d)(2)(A), added subpar. (G).
Subsec. (a)(8). , § 1883(a)(11)(B), realigned margin of subpar. (B).
Subsec. (a)(20). , § 122(e)(1), inserted reference to section
.
Subsec. (b)(5)(H). added subpar. (H).
Subsec. (b)(7)(E). , § 9002(b)(1)(A), added subpar. (E).
Subsec. (b)(20). , § 13303(c)(2), as amended by , § 8016(a)(4)(A), (C), inserted “(other than service described in paragraph (3)(A))” after “service”.
Subsec. (d)(3), (4). , § 9002(b)(2)(A), added par. (3) and redesignated former par. (3) as (4).
Subsec. (i)(5). , § 12112(b), substituted “shall not include” for “shall, subject to the provisions of subsection (a)(1) of this section, include”.
Subsec. (u). , § 13205(a)(1), amended subsec. (u) generally, substantially expanding and revising its provisions by extending the application of hospital insurance tax to State and local employment.
Subsec. (u)(2)(B)(ii)(V). , § 1895(b)(18)(A), added subcl. (V).
Subsec. (v)(2)(A)(ii). , § 1899A(38), substituted “forfeiture” for “forefeiture”.
Subsec. (v)(3)(C). , § 1147(b), added subpar. (C).
Subsec. (w)(1). , § 1899A(39), substituted “this chapter” for “chapter 21 of this Code” in first sentence.
Subsec. (w)(2). , § 1882(c), substituted last three sentences for former last two sentences which read as follows: “The election may not be revoked by the church or organization, but shall be permanently revoked by the Secretary if such church or organization fails to furnish the information required under section
to the Secretary for a period of 2 years or more with respect to remuneration paid for such services by such church or organization, and, upon request by the Secretary, fails to furnish all such previously unfurnished information for the period covered by the election. Such revocation shall apply retroactively to the beginning of the 2-year period for which the information was not furnished.”
, § 1899A(40), substituted “July 18, 1984” for “the date of the enactment of this subsection” in first sentence.
1985—Subsec. (b)(5)(B)(i)(V). added subcl. (V).
1984—Subsec. (a). , § 531(d)(1)(A)(i), inserted “(including benefits)” before “paid in any medium” in introductory provisions.
Subsec. (a)(5)(C) to (G). , § 491(d)(36), struck out subpar. (C) which provided: “under or to a bond purchase plan which, at the time of such payment, is a qualified bond purchase plan described in section
,” and redesignated subpars, (D) to (G) as (C) to (F), respectively.
Subsec. (a)(20). , § 531(d)(1)(A)(ii), added par. (20).
Subsec. (b)(1). , § 2663(i)(1), struck out “(A) under contracts entered into in accordance with title V of the Agricultural Act of 1949, as amended ( U.S.C. 8), or (B)”.
Subsec. (b)(5)(B). , § 2601(b)(1), in amending subpar. (B) generally, substituted provision broadening social security coverage for newly hired Federal civilian employees effective with remuneration paid after Dec. 31, 1983, by providing that persons transferring from other government service to civilian service be covered under social security, unless the other service was in an international organization, or the person is returning to civilian service after temporary military or reserve duty and is exercising his reemployment rights under chapter
of title
.
Subsec. (b)(5)(C) to (G). , § 2601(b)(2), substituted subpar. designations (C) to (G) for former designations (i) to (v), respectively, in subpar. (D), as so redesignated, redesignated cls. (I) to (III) as (i) to (iii), respectively, and amended generally, subpar. (G), as so redesignated, designating provision relating to service performed by an individual who is not subject to subchapter
of chapter
of title
as cl. (i), and in cl. (i) as so designated, inserting reference to another retirement system established by a law of the United States for Federal employees, other than for members of the uniformed services and adding cls. (ii) and (iii), and provision for determining for purposes of this subparagraph whether an individual is subject to subchapter
of chapter
of title
or any other retirement system.
Subsec. (b)(8). , § 2603(a)(2), designated existing provisions as subpar. (A), substituted “this subparagraph” for “this paragraph”, and added subpar. (B).
Subsec. (b)(10)(B). , § 2663(j)(5)(C), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”.
Subsec. (i)(2). , § 2663(i)(2), substituted “chapter 3 and section
of title
, United States Code” for “section 102(10) of the Servicemen’s and Veterans’ Survivor Benefits Act”.
Subsec. (m)(2). , § 2663(i)(3), substituted “paragraph (21) of section
of title
, United States Code” for “section 102 of the Servicemen’s and Veterans’ Survivor Benefits Act” and “paragraph (22) of such section” for “such section”.
Subsec. (m)(3). , § 2663(i)(4), substituted “paragraph (23) of such section
” for “such section
”.
Subsec. (n). , § 2663(i)(5), in provision preceding par. (1) substituted “a reserve component as defined in section
of title
, United States Code” for “a reserve component of a uniformed service as defined in section 102(3) of the Servicemen’s and Veterans’ Survivor Benefits Act”, and inserted “, the National Oceanic and Atmospheric Administration Corps,”.
Subsec. (n)(5). , § 2663(i)(5)(C), substituted “military, naval, or air” for “military or naval” in two places.
Subsec. (n)(5)(B). , § 2663(i)(5)(D), substituted “Military Selective Service Act” for “Universal Military Training and Service Act”.
Subsec. (v)(1)(B). , § 2661(o)(3), substituted “section
where the pick up referred to in such section is pursuant to a salary reduction agreement (whether evidenced by a written instrument or otherwise)” for “section
”.
Subsec. (v)(2)(A). , § 67(c), inserted provision that the preceding sentence shall not apply to any excess parachute payment (as defined in section
2801G
(b)).
Subsec. (w). , § 2603(b), added subsec. (w).
1983—Subsec. (a). , § 327(b)(1), inserted in text following last numbered paragraph a provision that nothing in the regulations prescribed for purposes of chapter 24 (relating to income tax withholding) which provides an exclusion from “wages” as used in such chapter shall be construed to require a similar exclusion from “wages” in regulations prescribed for purposes of this chapter.
, § 324(a)(3)(D), substituted reference to subpar. (A) of par. (2) for reference to subpar. (B) thereof in text following last numbered paragraph.
Subsec. (a)(2). , § 324(a)(3)(A), struck out “(A) retirement, or”, and redesignated subpars. (B) to (D) as (A) to (C), respectively.
Subsec. (a)(3). , § 324(a)(3)(B), struck out par. (3) which related to any payment made to an employee (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) on account of retirement.
Subsec. (a)(5)(D). , § 328(a), substituted “section
” for “section
”.
Subsec. (a)(5)(E) to (G). , § 324(a)(2), added subpars. (E) to (G).
Subsec. (a)(9). , § 324(a)(3)(B), struck out par. (9) which related to any payment (other than vacation or sick pay) made to an employee after the month in which he attained age 62, if such employee did not work for the employer in the period for which such payment was made.
Subsec. (a)(13)(A)(iii). , § 324(a)(3)(C), struck out cl. (iii) which related to the case of retirement after attaining an age specified in the plan referred to in subparagraph (B) or in a pension plan of the employer.
Subsec. (a)(19). , § 327(a)(1), added par. (19).
Subsec. (b). , § 323(a)(1), substituted “a citizen or resident of the United States” for “a citizen of the United States” in text preceding par. (1).
, § 322(a)(2), added cl. (C) in text preceding par. (1).
Subsec. (b)(5). , § 101(b)(1), amended par. (5) generally. Prior to amendment par. (5) read as follows: “Service performed in the employ of any instrumentality of the United States, if such instrumentality is exempt from the tax imposed by section
by virtue of any provision of law which specifically refers to such section (or the corresponding section of prior law) in granting such exemption;”.
Subsec. (b)(6). , § 101(b)(1), amended par. (6) generally. Prior to amendment par. (6) read as follows:
“(A) service performed in the employ of the United States or in the employ of any instrumentality of the United States, if such service is covered by a retirement system established by a law of the United States;
“(B) service performed, by an individual in the employ of an instrumentality of the United States if such an instrumentality was exempt from the tax imposed by section 1410 of the Internal Revenue Code of 1939 on December 31, 1950, and if such service is covered by a retirement system established by such instrumentality; except that the provisions of this subparagraph shall not be applicable to—
“(i) service performed in the employ of a corporation which is wholly owned by the United States;
“(ii) service performed in the employ of a Federal land bank, a Federal intermediate credit bank, a bank for cooperatives, a Federal land bank association, a production credit association, a Federal Reserve Bank, a Federal Home Loan Bank, or a Federal Credit Union;
“(iii) service performed in the employ of a State, county, or community committee under the Commodity Stabilization Service;
“(iv) service performed by a civilian employee, not compensated from funds appropriated by the Congress, in the Army and Air Force Exchange Service, Army and Air Force Motion Picture Service, Navy Exchanges, Marine Corps Exchanges, or other activities, conducted by an instrumentality of the United States subject to the jurisdiction of the Secretary of Defense, at installations of the Department of Defense for the comfort, pleasure, contentment, and mental and physical improvement of personnel of such Department; or
“(v) service performed by a civilian employee, not compensated from funds appropriated by the Congress, in the Coast Guard Exchanges or other activities, conducted by an instrumentality of the United States subject to the jurisdiction of the Secretary of Transportation, at installations of the Coast Guard for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the Coast Guard;
“(C) service performed in the employ of the United States or in the employ of any instrumentality of the United States, if such service is performed—
“(i) as the President or Vice President of the United States or as a Member, Delegate, or Resident Commissioner of or to the Congress;
“(ii) in the legislative branch;
“(iii) in a penal institution of the United States by an inmate thereof;
“(iv) by any individual as an employee included under section
of title
, United States Code (relating to certain interns, student nurses, and other student employees of hospitals of the Federal Government), other than as a medical or dental intern or a medical or dental resident in training;
“(v) by any individual as an employee serving on a temporary basis in case of fire, storm, earthquake, flood, or other similar emergency; or
“(vi) by any individual to whom subchapter
of chapter
of title
, United States Code, does not apply because such individual is subject to another retirement system (other than the retirement system of the Tennessee Valley Authority);”.
Subsec. (b)(8). , § 102(b)(1), struck out the subpar. (A) designation preceding “service performed”, struck out subpar. (B) which related to service performed by employees of nonprofit organizations, and in par. (8), as so designated substituted “except that this paragraph shall not apply” for “except that this subparagraph shall not apply”.
Subsec. (i)(5). , § 101(c)(2), added par. (5).
Subsec. (k). , § 102(b)(2), struck out subsec. (k) which related to exemption of religious, charitable and certain other organizations.
Subsec. (l). , § 321(a)(1), substituted “Agreements entered into by American employers with respect to foreign affiliates” for “Agreements entered into by domestic corporations with respect to foreign subsidiaries” in heading.
Subsec. (l)(1). , § 321(a)(1), substituted “affiliates” for “subsidiaries” in par. (1) heading, and in first sentence of provisions preceding subpar. (A), substituted “at the American employer’s request” for “at the request of any domestic corporation”, “any American employer (as defined in subsection (h)) who” for “any such corporation which”, “such manner and form” for “such form and manner”, and “affiliates” for “subsidiaries” after “such employer’s foreign”, and inserted “or residents” after “citizens”.
, § 321(e)(1), substituted “American employer” for “domestic corporation”, “affiliate” for “subsidiary” and “citizens or residents” for “citizens” wherever appearing in second and third sentences of provisions preceding subpar. (A) and substituted “American employer” for “domestic corporation” in subpars. (A) and (B).
Subsec. (l)(2) to (5). , § 321(e)(1), substituted, wherever appearing, “American employer” for “domestic corporation”, “American employers” for “domestic corporations”, “affiliate” for “subsidiary”, “affiliates” for “subsidiaries”, “foreign entity” for “foreign corporation”, “foreign entities” for “foreign corporations”, and “citizens or residents” for “citizens”.
Subsec. (l)(8). , § 321(a)(2), amended par. (8) generally, substituting provision defining a foreign affiliate for provision defining a foreign subsidiary of a domestic corporation which, for the purposes of this subsection and section 210(a) of the Social Security Act, had been defined as a foreign corporation not less than 20 percent of the voting stock of which was owned by such domestic corporation, or a foreign corporation more than 50 percent of the voting stock of which was owned by the foreign corporation described above.
Subsec. (l)(9), (10). , § 321(e)(1), substituted, wherever appearing, “American employer” for “domestic corporation”, “American employers” for “domestic corporations”, and “foreign entities” for “foreign corporations”.
Subsec. (r)(3)(A). , § 102(b)(3)(A), substituted “subsection (b)(8)” and “section
210
(a)(8)” for “subsection (b)(8)(A)” and “section
210
(a)(8)(A)”, respectively, in provisions preceding cl. (i).
Subsec. (r)(4). , § 102(b)(3)(B), struck out par. (4) which related to coordination with coverage of lay employees.
Subsec. (u)(1). , § 101(b)(2), substituted “sections
and
, subsection (b) shall be applied without regard to paragraph (5) thereof” for “sections
and
—
“(A) paragraph (6) of subsection (b) shall be applied without regard to subparagraphs (A), (B), and (C)(i), (ii), and (vi) thereof, and
“(B) paragraph (5) of subsection (b) (and the provisions of law referred to therein) shall not apply”.
Subsec. (v). , § 324(a)(1), added subsec. (v).
1982—Subsec. (u). added subsec. (u).
1981—Subsec. (a). inserted “(but, in the case of payments made to an employee or any of his dependents this subparagraph shall exclude from the term ‘wages’ only payments which are received under a workmen’s compensation law)” after “sickness or accident disability” in par. (2)(B), and inserted, after par. (18), the following provision: “Except as otherwise provided in regulations prescribed by the Secretary, any third party which makes a payment included in wages solely by reason of the parenthetical matter contained in subparagraph (B) of paragraph (2) shall be treated for purposes of this chapter and chapter 22 as the employer with respect to such wages.”
Subsec. (a)(18). substituted “section
or
” for “section
”.
1980—Subsec. (a)(5)(D). added subpar. (D).
Subsec. (a)(6). struck out “(or the corresponding section of prior law)” after “section
” in subpar. (A) and inserted “with respect to remuneration paid to an employee for domestic service in a private home of the employer or for agricultural labor” after subpar. (B).
1978—Subsec. (a)(17). added par. (17).
Subsec. (a)(18). added par. (18).
1977—Subsec. (a)(7)(C), (10). , § 356(a), substituted “year” for “quarter” and “$100” for “$50”, wherever appearing.
Subsec. (a)(16). , § 356(b), added par. (16).
Subsec. (b)(10). , § 356(c), struck out subpar. (A) which related to service performed in any calendar quarter in the employ of any organization exempt from income tax under section
(other than an organization described in section
or under section
, if the remuneration for such service was less than $50, struck out the designation “(B)” preceding the remainder of par. (10), and redesignated former cls. (i) and (ii) of former subpar. (B) as subpars. (A) and (B).
Subsecs. (b)(17)(A), (g)(4)(B). , § 356(d), substituted “year” for “quarter”.
Subsec. (k)(4)(A). , § 312(b)(2), (f), substituted “(or, if later, as of the earliest date on which it satisfies clause (ii) of this subparagraph)” for “or any subsequent date” in cl. (i) and, in provisions following cl. (ii), inserted “(subject to subparagraph (C))” after “effective”.
Subsec. (k)(4)(B)(ii). , § 312(b)(4), substituted “first day of the calendar quarter” for “date”.
Subsec. (k)(4)(B)(iii). , § 312(g), added cl. (iii).
Subsec. (k)(4)(C). , § 312(b)(1), added subpar. (C).
Subsec. (k)(5). , § 312(a)(1), substituted “prior to April 1, 1978,” for “prior to the expiration of 180 days after the date of the enactment of this paragraph,” in subpar. (B), and, in provisions following subpar. (B), substituted “April 1, 1978” for “the 181st day after the date of enactment of this paragraph” and substituted “April 1, 1978,” for “such 181st day”.
Subsec. (k)(6). , § 312(b)(3), inserted “(except as provided in paragraph (4)(C))” after “services involved” in introductory provisions.
Subsec. (k)(7). , § 312(a)(2), substituted “prior to April 1, 1978,” for “prior to the expiration of 180 days after the date of the enactment of this paragraph”, “April 1, 1978,” for “the 181st day after such date,” and “prior to that date” for “prior to the first day of the calendar quarter in which such 181st day occurs”.
Subsec. (k)(8). , § 312(a)(3), (d), amended par. (8) first by substituting “prior to April 1, 1978,” for “by the end of the 180-day period following the date of the enactment of this paragraph”, “prior to April 1, 1978” for “within that period”, and “on that date” for “on the 181st day following that date”, and then further amending par. (8) as so amended by dividing the existing provisions into introductory provisions, subpar. (B), and closing provisions, inserting subpars. (A) and (C), substituting “by March 31, 1978” for “prior to April 1, 1978”, “by that date” for “prior to April 1, 1978”, and “on April 1, 1978” for “on that date” in subpar. (B) as so redesignated, and, in closing provisions, inserting “, or with respect to service constituting employment by reason of such request,” after “in which the date of such filing or constructive filing occurs”.
Subsec. (s). , § 314(a), added subsec. (s).
Subsec. (t). , § 315(a), added subsec. (t).
1976—Subsec. (b). , § 1903(a)(3)(A), substituted “, of whatever nature, performed” for “performed after 1936 and prior to 1955 which was employment for purposes of subchapter A of chapter 9 of the Internal Revenue Code of 1939 under the law applicable to the period in which such service was performed, and any service, of whatever nature, performed after 1954” in introductory text.
Subsec. (b)(1). , § 1903(a)(3)(B), struck out “;” before “ U.S.C. 8”.
Subsec. (b)(6)(B)(v). , § 1903(a)(3)(C), substituted “Secretary of Transportation” for “Secretary of the Treasury”.
Subsec. (b)(8)(B). , § 1(b), inserted “or deemed to have been so filed under paragraph (4) or (5) of such subsection” after “filed pursuant to subsection (k) (or the corresponding subsection of prior law)” in provisions preceding cl. (i), inserted “(or deemed to have been filed)” after “filed” in cls. (i), (ii), and (iii), and substituted “is (or is deemed to be) in effect” for “is in effect” in provisions following cl. (iii).
Subsec. (b)(12)(B). , § 1906(b)(13)(C), substituted “to the Secretary of the Treasury” for “to the Secretary”.
Subsec. (b)(20). , § 1207(e)(1)(A), added par. (20).
Subsec. (g)(3). , § 1903(a)(3)(D), struck out “, § 3;” before “ U.S.C. ”.
Subsec. (k)(1). , § 1903(a)(3)(E), redesignated subpar. (G) as (F). Former subpars. (F) and (H), which related to the right of an organization to request before 1960 to have a certificate effective where such certificate was filed after 1955 but prior to the enactment of this subparagraph and the right of an organization to amend a certificate filed before 1966 to make such certificate effective for an earlier date than had been originally established, respectively, were struck out.
Subsec. (k)(2). , § 1906(b)(13)(A), struck out “or his delegate” after “Secretary” wherever appearing.
Subsec. (k)(4) to (8). , § 1(c), added pars. (4) to (8).
, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary” wherever appearing.
Subsec. (l)(1). , § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsec. (l)(2). , § 1903(a)(3)(F), struck out “, but in no case prior to January 1, 1955” after “specified in the agreement”.
Subsec. (l)(4) to (7), (10). , § 1906(b)(13)(a), struck out “or his delegate” after “Secretary” wherever appearing.
Subsec. (m)(1). , § 1903(a)(3)(G), struck out “after December 1956” after “include service performed”.
1973—Subsec. (a)(1). , § 5(b)(2), effective with respect to remuneration paid after 1973, substituted “$13,200” for “$12,600” in two places.
, § 5(d), applicable only with respect to remuneration paid after 1973 (as provided in section 5(e) of , set out as a note under section
of Title
), amended section 203(b)(2)(C) of the (set out as 1973 Amendment note hereunder) substituting “$13,200” for “$12,600”.
, § 203(b)(2), effective with respect to remuneration paid after 1973, substituted “$12,600” for “$12,000” in two places.
, § 203(d), applicable only with respect to remuneration paid after, and taxable years beginning after, 1973 (as provided in section 203(e) of , set out as a note under section
of Title
), amended section 203(b)(2)(C) of (set out as 1972 Amendment note hereunder) substituting “$12,600” for “$12,000”.
1972—Subsec. (a)(1). , § 203(b)(2)(A), substituted “$10,800” for “$9,000” in two places.
, § 203(b)(2)(B), effective with respect to remuneration paid after 1973, substituted “$12,000” for “$10,800” in two places.
, § 203(b)(2)(C), effective with respect to remuneration paid after 1974, substituted “the contribution and benefit base (as determined under section 230 of the Social Security Act)” for “$12,000” in two places, and “the calendar year with respect to which such contribution and benefit base is effective” for “any calendar year”.
Subsec. (a)(9). , § 104(i), substituted uniform provision of 62 years of age, for separate provisions for men and women of 65 and 62 years, respectively.
Subsec. (a)(14). , § 122(b), added par. (14).
Subsec. (a)(15). , § 138(b), added par. (15).
Subsec. (b)(7)(D). , § 128(b), added subpar. (D).
Subsec. (b)(8)(A). , § 123(a)(2), inserted provision that this subparagraph shall not apply to service performed by a member of such religious order in the exercise of such duties if an election of coverage under subsec. (r) is in effect with respect to such order, or with respect to the autonomous subdivision thereof to which such member belongs.
Subsec. (b)(10)(B). , § 129(a)(2), inserted provisions relating to service performed in the employ of organizations described in section
of this title.
Subsec. (i)(4). , § 123(c)(2), added par. (4).
Subsec. (r). , § 123(b), added subsec. (r).
1971—Subsec. (a)(1). substituted “$9,000” for “$7,800” in two places.
1969—Subsec. (k)(1)(F)(i), (G)(i), (H)(i). , § 943(c)(1)–(3), inserted “or pay tax” after “tax return”.
1968—Subsec. (a)(1). , § 108(b)(2), substituted “$7,800” for “$6,600” wherever appearing.
Subsec. (a)(13). , § 504(a), added par. (13).
Subsec. (b)(3)(B). , § 123(b), provided for inclusion of family employment in a private home in definition of “employment,” upon compliance with conditions described in cls. (i) to (iii).
Subsec. (b)(6)(C)(iv). , § 403(i)(1), substituted “section
of title
, United States Code” for “section 2 of the Act of August 4, 1967” and struck out “; U.S.C., sec. 1052” at end of parenthetical text.
Subsec. (b)(6)(C)(vi). , § 403(i)(2), substituted “subchapter
of chapter
of title
, United States Code,” for “the Civil Service Retirement Act”.
Subsec. (b)(7)(C)(ii). , § 403(i)(3), substituted “section
of title
, United States Code” for “section 2 of the Act of August 4, 1947” and struck out “; U.S.C. 1052” at end of parenthetical text.
1965—Subsec. (a)(1). , § 320(b)(2), substituted “$6,600” for “$4,800” wherever appearing.
Subsec. (a)(12). , § 313(c)(3), added par. (12).
Subsec. (b)(6)(C)(iv). , § 311(b)(4), inserted “, other than as a medical or dental intern or a medical or dental resident in training”.
Subsec. (b)(7)(C). , § 317(b)(3), added subpar. (C).
Subsec. (b)(13). , § 311(b)(5), struck out from the definition of employment the exclusion of service performed as an intern in the employ of a hospital by an individual who has completed a 4 years’ course in a medical school chartered or approved pursuant to State law.
Subsec. (k)(1)(B)(iii). , § 316(a)(1), substituted “such date may not be earlier than the first day of the twentieth” for “, in the case of a certificate filed prior to January 1, 1960, such date may not be earlier than January 1, 1956, and in the case of a certificate filed after 1959, such date may not be earlier than the first day of the fourth”.
Subsec. (k)(1)(H). , § 316(b), added subpar. (H).
Subsec. (q). , § 313(c)(4), added subsec. (q).
1964—Subsec. (a)(11). added par. (11).
substituted “is a plan described in section
, or” for “meets the requirements of section
, (4), (5), and (6)” in subpar. (5)(B), and added subpar. (5)(C).
1961—Subsec. (b)(19). added par. (19).
Subsec. (i)(3). , § 202(a)(1), added par. (3).
Subsec. (p). , § 202(a)(2), added subsec. (p).
1960—Subsec. (b)(3). , § 104(b), designated existing provisions as cl. (A) and struck out provisions which related to service performed by an individual in the employ of his son or daughter, and added cl. (B).
Subsec. (b)(7). , § 103(n), excluded service in the employ of the Government of Guam or the Government of American Samoa or any political subdivision thereof, or of any instrumentality of any one or more of the foregoing which is wholly owned thereby.
Subsec. (b)(18). , § 103(o), added par. (18).
Subsec. (e). , § 103(p), struck out a reference to Hawaii in cl. (1), and included Guam and American Samoa and cls. (1) and (2).
struck out “Hawaii,” before “the District of Columbia”, in cl. (1).
Subsec. (k)(1)(A). , § 105(a)(1), (2), struck out “and that at least two-thirds of its employees concur in the filing of the certificate” after “extended to service performed by its employees”, and substituted “of each employee (if any) who concurs” for “of each employee who concurs”.
Subsec. (k)(1)(E). , § 105(a)(3), substituted “in either group, or may file a separate certificate pursuant to such subparagraph with respect to the employees in each group” for “in one of the groups if at least two-thirds of the employees in such group concur in the filing of the certificate. The organization may also file such a certificate with respect to the employees in the other group if at least two-thirds of the employees in such other group concur in the filing of such certificate.”
1959—Subsec. (b)(6)(B)(ii). substituted “Federal land bank association” for “national farm loan association”, and included service in the employ of Federal land banks, Federal intermediate credit banks and banks for cooperatives.
Subsec. (e). struck out “Alaska,” before “Hawaii”.
1958—Subsec. (a)(1). , § 402(b), substituted “$4,800” for “$4,200” wherever appearing.
Subsec. (b)(1). , § 404(a), struck out provisions which excluded from definition of “employment” service performed in connection with the production or harvesting of any commodity defined as an agricultural commodity in section
of title
.
Subsec. (b)(8)(B). , § 405(b), made subparagraph inapplicable to service performed during the period for which a certificate is in effect if such service is performed by an employee who, after the calendar quarter in which the certificate was filed with respect to a group described in section
321
(k)(1)(E) of this title, became a member of such group, and made subparagraph applicable with respect to service performed by an employee as a member of a group described in section
of this title with respect to which no certificate is in effect.
Subsec. (k)(1). , § 405(a), permitted amendment of the list at any time prior to the expiration of the twenty-fourth month following the calendar quarter in which the certificate is filed, allowed an organization to provide that the certificate shall be in effect for the period beginning with the first day of any calendar quarter preceding the calendar quarter in which the certificate is filed, except that, in the case of a certificate filed prior to Jan. 1, 1960, such date may not be earlier than Jan. 1, 1956, and in the case of a certificate filed after 1959, such date may not be earlier than the first day of the fourth calendar quarter preceding the quarter in which such certificate is first made the certificate effective in the case of services performed by an employee whose name appears on a supplemental list only with respect to service performed by the employee for the period beginning with the first day of the calendar quarter in which the supplemental list is filed, required organizations described in subpar. (A) which employ both individuals who are in positions covered by a pension, annuity, retirement, or similar fund or system established by a State or political subdivision thereof and individuals who are not in such positions, to divide their employees into two separate groups, authorized the filing of requests by organizations which filed certificates after 1955 but prior to Aug. 28, 1958, to have such certificates effective, with respect to services of certain individuals, for the period beginning with the first day of any calendar quarter preceding the first calendar quarter for which they are effective and following the last calendar quarter of 1955, and provided for the due date and payment of tax for certain calendar quarters and for the expiration of the statutory period of assessment.
Subsec. (l)(3). substituted “by” for “be” in heading.
1956—Subsec. (a)(8)(B). Act Aug. 1, 1956, ch. 836, § 201(h)(1), included within definition of wages cash remuneration of $150 or more, and cash remuneration computed on a time basis where the employee performs agricultural labor for the employer on 20 days or more during the calendar year.
Subsec. (a)(9). Act Aug. 1, 1956, ch. 836, § 201(b), excluded payments made to a woman after she attains the age of 62.
Subsec. (b)(1)(B). Act Aug. 1, 1956, ch. 836, § 201(c), excepted from term “employment” services performed by foreign agricultural workers lawfully admitted from any foreign country or possession thereof, on a temporary basis to perform agricultural labor.
Subsec. (b)(6)(B)(ii). Act Aug. 1, 1956, ch. 836, § 201(d)(1), included service performed in the employ of a Federal Home Loan Bank.
Subsec. (b)(6)(C)(vi). Act Aug. 1, 1956, ch. 836, § 201(d)(2), substituted “Civil Service Retirement Act” for “Civil Service Retirement Act of 1930”, and inserted “(other than the retirement system of the Tennessee Valley Authority)” after “retirement system”.
Subsec. (b)(16), (17). Act Aug. 1, 1956, ch. 836, §§ 201(e)(1),
121d, added pars. (16) and (17).
Subsec. (i). Act Aug. 1, 1956, ch. 837, § 410, designated existing provisions as par. (1) and added par. (2).
Subsec. (k)(1). Act Aug. 1, 1956, ch. 836, § 201(k), (l), inserted “or at any time prior to January 1, 1959, whichever is the later” after “the certificate is in effect”, and substituted “the first day of the calendar quarter in which such certificate is filed or the first day of the succeeding calendar quarter, as may be specified in the certificate,” for “the first day following the close of the calendar quarter in which such certificate is filed,”.
Subsec. (l)(6). Act Aug. 1, 1956, ch. 836, § 103(j), inserted reference to the Federal Disability Insurance Trust Fund.
Subsec. (l)(8)(A). Act Aug. 1, 1956, ch. 836, § 201(j), substituted “not less than 20 percent” for “more than 50 percent”.
Subsecs. (m), (n). Act Aug. 1, 1956, ch. 837, § 411(a), added subsecs. (m) and (n).
Subsec. (o). Act Aug. 1, 1956, ch. 836, § 201(h)(2), added subsec. (o).
1954—Subsec. (a)(1). Act Sept. 1, 1954, § 204(a), substituted “$4,200” for “$3,600” wherever appearing.
Subsec. (a)(7)(B). Act Sept. 1, 1954, § 204(b)(1), made coverage of domestic service dependent solely on receipt of $50 in cash wages in a calendar quarter by an employee from an employer for such service.
Subsec. (a)(7)(C). Act Sept. 1, 1954, § 204(b)(2), added subpar. (C).
Subsec. (a)(8). Act Sept. 1, 1954, § 204(b)(3), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (b)(1). Act Sept. 1, 1954, § 205(a), made coverage of agricultural labor depend solely on the payment of cash remuneration of $100 or more per year, thereby eliminating the need for an agricultural laborer to have served a qualifying calendar quarter and to have worked on a full time basis for 60 days during a succeeding calendar quarter and to have received $50 or more for his labor during such succeeding calendar quarter, removed the specific exception from employment of services performed in connection with the ginning of cotton, and added an exception for services performed by West Indian agricultural workers lawfully admitted to the United States on a temporary basis.
Subsec. (b)(3). Act Sept. 1, 1954, § 205(b), struck out par. (3) and redesignated pars. (4) to (14) as (3) to (13), respectively.
Subsec. (b)(4). Act Sept. 1, 1954, § 205(c), amended par. (4), as redesignated, to make the exception with respect to services on non-American vessels or aircraft applicable only if the individual is not a United States citizen or the employer is not an American employer.
Subsec. (b)(6)(B). Act Sept. 1, 1954, § 205(d)(1)(A), amended par. (6), as redesignated, by inserting in subpar. (B) “by an individual” after “service is performed” and “and if such service is covered by a retirement system established by such instrumentality” after “December 31, 1950”.
Subsec. (b)(6)(B)(v). Act Sept. 1, 1954, § 205(d)(1)(B), amended par. (6), as redesignated, by adding cl. (v) to subpar. (B).
Subsec. (b)(6)(C). Act Sept. 1, 1954, § 205(d)(2), struck out exception from coverage for services in the following categories: temporary employees in the Post Office Department field service; temporary census taking employees of the Bureau of the Census; Federal employees paid on a contract or fee basis; Federal employees receiving compensation of $12 a year or less; certain consular agents; individuals employed under Federal unemployment relief programs; and members of State, county, or community committees under the Commodity Stabilization Service and similar bodies, unless such bodies are composed exclusively of full-time Federal employees, and limited the exclusion of inmates or patients of United States institutions to inmates of penal institutions.
Subsec. (b)(14) to (17). Act Sept. 1, 1954, § 205(e), struck out par. (15) and redesignated pars. (16) and (17) as (14) and (15), respectively.
Subsec. (c). Act Sept. 1, 1954, § 205(b), substituted “subsection (b)(9)” for “subsection (b)(10)”.
Subsec. (d)(3)(C). Act Sept. 1, 1954, § 206(a), struck out requirement that performance of services of homeworkers be subject to State licensing requirements.
Subsec. (k)(1). Act Sept. 1, 1954, §§ 205(b),
207, substituted “(b)(8)(B)” for “(b)(9)(B)” and provided that the list accompanying any certificate filed by a nonprofit organization with respect to its lay employees may be amended only within a period of two years after the certificate takes effect and provided that a supplemental list filed after the first month following the first calendar quarter for which the certificate is in effect shall be in effect only as to those services performed by an individual on the list which are performed by him after the calendar quarter in which the supplemental list is filed.
Subsec. (l). Act Sept. 1, 1954, § 209, added subsec. (l).
Change of Name
“United States magistrate judge” substituted for “United States magistrate” in subsec. (b)(5)(E) pursuant to section 321 of , set out as a note under section
of Title
, Judiciary and Judicial Procedure.
Effective Date of 2003 Amendment
Amendment by applicable to taxable years beginning after Dec. 31, 2002, see section 106(c) of , set out as a note under section
of this title.
Effective Date of 1998 Amendment
, div. A, § 101(h) [title VIII, § 805], Oct. 21, 1998, , 2681–538, provided that: “Except as otherwise specifically provided, this title [amending this section and section
of Title
, The Public Health and Welfare, and amending provisions set out as a note under this section] and the amendments made by this title shall take effect as if included in the enactment of title XI of the Balanced Budget Act of 1997 [title XI of , see Effective Date of 1997 Amendment note below].”
Effective Date of 1997 Amendment
, title XI, § 11246(b)(4), formerly § 11246(b)(3), Aug. 5, 1997, , renumbered § 11246(b)(4), by , div. A, § 101(h) [title VIII, § 802(a)(1)], Oct. 21, 1998, , 2681–532, provided that: “The amendments made by this subsection [amending this section and section
of Title
, The Public Health and Welfare] shall apply with respect to all months beginning after the date on which the Director of the Office of Personnel Management issues regulations to carry out section
11–1726, District of Columbia Code (as amended by paragraph (1)).”
Effective Date of 1996 Amendment
Section 1116(a)(3) of provided that:
“(A) In general.—The amendments made by this subsection [amending this section, section
of this title, and section
of Title
, The Public Health and Welfare] shall apply to remuneration paid—
“(i) after December 31, 1994, and
“(ii) after December 31, 1984, and before January 1, 1995, unless the payor treated such remuneration (when paid) as being subject to tax under chapter 21 of the Internal Revenue Code of 1986.
“(B) Reporting requirement.—The amendment made by paragraph (1)(C) [amending section
of this title] shall apply to remuneration paid after December 31, 1996.”
Amendment by section 1421(b)(8)(A) of applicable to taxable years beginning after Dec. 31, 1996, see section 1421(e) of , set out as a note under section
of this title.
Section 1458(c)(2) of provided that: “The amendments made by subsection (b) [amending this section and section
of Title
, The Public Health and Welfare] shall apply to remuneration paid after December 31, 1996.”
Effective Date of 1994 Amendments
Amendment by section 2(a)(1)(A), (B) of applicable to remuneration paid after Dec. 31, 1993, and amendment by section 2(a)(1)(C) of applicable to services performed after Dec. 31, 1994, see section 2(a)(3) of , set out as a note under section
of this title.
Amendment by section 108(h)(2) of effective Mar. 31, 1995, see section 110(a) of , set out as a note under section
of Title
, The Public Health and Welfare.
Amendment by section 303(a)(2), (b)(2) of applicable with respect to service performed on or after Jan. 1, 1995, see section 303(e) of , set out as a note under section
of Title
.
Amendment by section 319(a)(1), (5) of applicable with respect to service performed after calendar quarter following calendar quarter in which Aug. 15, 1994, occurs, see section 319(c) of , set out as a note under section
of this title.
Amendment by section 320(a)(1)(C) of effective with calendar quarter following Aug. 15, 1994, see section 320(c) of , set out as a note under section
of this title.
Effective Date of 1993 Amendment
Amendment by applicable to 1994 and later calendar years, see section 13207(e) of , set out as a note under section
of this title.
Effective Date of 1992 Amendments
Amendment by effective Oct. 29, 1992, see section 911 of , set out as a note under section
of Title
, Judiciary and Judicial Procedure.
Amendment by applicable to distributions after Dec. 31, 1992, see section 521(e) of , set out as a note under section
of this title.
Effective Date of 1990 Amendment
Amendment by section 11331(a) of applicable to 1991 and later calendar years, see section 11331(e) of , set out as a note under section
of this title.
Section 11332(d) of provided that: “The amendments made by this section [amending this section and sections
and
of Title
, The Public Health and Welfare] shall apply with respect to service performed after July 1, 1991.”
Effective Date of 1989 Amendments
Amendment by applicable with respect to any agreement in effect under section
of this title on or after June 15, 1989, with respect to which no notice of termination is in effect on such date, see section 10201(c) of , set out as a note under section
of this title.
Amendment by effective as if included in section 1151 of , see section 203(c) of , set out as a note under section
of this title.
Effective Date of 1988 Amendment
Section 1011B(a)(22)(F) of provided that: “The amendments made by this paragraph [amending this section, sections
,
, and
of this title, and section
of Title
, The Public Health and Welfare] shall not apply to any individual who separated from service with the employer before January 1, 1989.”
Section 1018(r)(2)(B) of provided that: “The amendment made by subparagraph (A) [amending this section] shall apply to services performed after March 31, 1986.”
Amendment by sections 1001(d)(2)(C)(i), (g)(4)(B)(i), 1011(e)(8), 1011B(a)(23)(A), and 1018(u)(35) of effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, , to which such amendment relates, see section 1019(a) of , set out as a note under section
of this title.
Amendment by section 3043(c)(2) of applicable to all periods beginning before, on, or after Nov. 10, 1988, with no inference created as to existence or nonexistence or scope of any exemption from tax for income derived from fishing rights secured as of Mar. 17, 1988, by any treaty, law, or Executive Order, see section 3044 of , set out as an Effective Date note under section
of this title.
Section 8015(b)(3) of provided that: “The amendments made by this subsection [amending this section and section
of Title
, The Public Health and Welfare] shall apply as if such amendments had been included or reflected in section 304 of the Federal Employees’ Retirement System Act of 1986 () [] at the time of its enactment [June 6, 1986].”
Section 8015(c)(3) of provided that: “The amendments made by this subsection [amending this section and section
of Title
] shall apply to any individual only upon the performance by such individual of service described in subparagraph (C), (D), (E), (F), (G), or (H) of section 210(a)(5) of the Social Security Act ( U.S.C.
) on or after the date of the enactment of this Act [Nov. 10, 1988].”
Amendment by section 8016(a)(3)(A), (4)(A), (C) of effective Nov. 10, 1988, except that any amendment to a provision of a particular Public Law which is referred to by its number, or to a provision of the Social Security Act [ U.S.C. et seq.], or to this title as added or amended by a provision of a particular Public Law which is so referred to, effective as though included or reflected in the relevant provisions of that Public Law at the time of its enactment, see section 8016(b) of , set out as a note under section
of this title.
Section 8017(c) of provided that: “The amendments made by this section [amending this section and section
of Title
, The Public Health and Welfare] shall take effect as if included in the amendments made by section 9002 of the Omnibus Budget Reconciliation Act of 1987 [].”
Effective Date of 1987 Amendment
Section 9001(d) of provided that: “The amendments made by this section [amending this section and sections
,
, and
of Title
, The Public Health and Welfare] shall apply with respect to remuneration paid after December 31, 1987.”
Section 9002(c) of provided that: “The amendments made by this section [amending this section and section
of Title
] shall apply with respect to remuneration for agricultural labor paid after December 31, 1987.”
Section 9003(b) of , as amended by , title VIII, § 8013(a), Nov. 10, 1988, , provided that: “The amendments made by subsection (a) [amending this section and section
of Title
] shall apply with respect to group-term life insurance coverage in effect after December 31, 1987, except that such amendments shall not apply with respect to payments by the employer (or a successor of such employer) for group-term life insurance for such employer’s former employees who separated from employment with the employer on or before December 31, 1988, to the extent that such payments are not for coverage for any such employee for any period for which such employee is employed by such employer (or a successor of such employer) after the date of such separation.”
[Section 8013(b) of provided that: “The amendment made by subsection (a) [amending section 9003(b) of , set out above] shall apply as if such amendment had been included or reflected in section 9003(b) of the Omnibus Budget Reconciliation Act of 1987 [] at the time of its enactment.”]
Section 9004(c) of provided that: “The amendments made by this section [amending this section and section
of Title
] shall apply with respect to to remuneration paid after December 31, 1987.”
Section 9005(c) of provided that: “The amendments made by this section [amending this section and section
of Title
] shall apply with respect to to remuneration paid after December 31, 1987.”
Amendment by section 9006(a), (b)(2) of applicable with respect to tips received and wages paid on or after Jan. 1, 1988, see section 9006(c) of , set out as a note under section
of this title.
Effective Date of 1986 Amendments
Amendment by section 122(e)(1) of applicable to prizes and awards granted after Dec. 31, 1986, see section 151(c) of , set out as a note under section
of this title.
Amendment by section 1108(g)(7) of applicable to years beginning after Dec. 31, 1986, see section 1108(h) of , set out as a note under section
of this title.
Amendment by section 1151(d)(2)(A) of applicable to taxable years beginning after Dec. 31, 1983, see section 1151(k)(5) of , set out as a note under section
of this title.
Amendment by section 1882(c) of effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, , div. A, to which such amendment relates, see section 1881 of , set out as a note under section
of this title.
Section 1895(b)(18)(C) of provided that: “The amendments made by this paragraph [amending this section and section
of Title
, The Public Health and Welfare] shall apply to services performed after March 31, 1986.”
Amendment by , except as otherwise provided, effective with respect to payments due with respect to wages paid after Dec. 31, 1986, including wages paid after such date by a State (or political subdivision thereof) that modified its agreement pursuant to section
of Title
, see section 9002(d) of , set out as a note under section
of Title
.
Amendment by section 12112(b) of effective with respect to service performed after Dec. 31, 1983, see section 12112(c) of , set out as a note under section
of Title
.
Section 13205(d)(1) of provided that: “The amendments made by subsection (a) [amending this section and sections
,
,
,
, and
of this title] shall apply to services performed after March 31, 1986.”
Effective Date of 1985 Amendment
Amendment by applicable to any return to performance of service in employ of United States, or of an instrumentality thereof, after 1983, see section 3(c) of , set out as a note under section
of Title
, The Public Health and Welfare.
Effective Date of 1984 Amendment
Amendment by section 67(c) of applicable to payments under agreements entered into or renewed after June 14, 1984, in taxable years ending after such date, with contracts entered into before June 15, 1984, which are amended after June 14, 1984, in any significant relevant aspect to be treated as a contract entered into after June 14, 1984, see section 67(e) of , set out as an Effective Date note under section
of this title.
Amendment by section 491(d)(36) of applicable to obligations issued after Dec. 31, 1983, see section 491(f)(1) of , set out as a note under section
of this title.
Amendment by section 531(d)(1)(A) of effective Jan. 1, 1985, see section 531(h) of , set out as an Effective Date note under section
of this title.
Amendment by section 2601(b) of effective with respect to service performed after Dec. 31, 1983, with enumerated exceptions, see section 2601(f) of , set out as a note under section
of Title
, The Public Health and Welfare.
Amendment by section 2603(a)(2), (b) of applicable to service performed after Dec. 31, 1983, see section 2603(e) of , set out as a note under section
of Title
.
Section 2661(o)(3) of provided that the amendment made by that section is effective Jan. 1, 1984.
Amendment by section 2663 of effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of , set out as a note under section
of Title
.
Effective Date of 1983 Amendment
Section 101(d) of , as amended by , div. B, title VI, § 2662(a), July 18, 1984, , provided that: “The amendments made by this section [amending this section and sections
and
of Title
, The Public Health and Welfare] shall be effective with respect to service performed after December 31, 1983.”
Section 102(c) of provided that: “The amendments made by the preceding provisions of this section [amending this section and section
of Title
] shall be effective with respect to service performed after December 31, 1983 (but the provisions of sections 2 and 3 of Public Law 94–563 [set out below] and section 312(c) of Public Law 95–216 [set out below] shall continue in effect, to the extent applicable, as though such amendments had not been made).”
Amendment by section 321 of , applicable to agreements entered into after Apr. 20, 1983, except that at the election of any American employer such amendment shall also apply to any agreement entered into on or before Apr. 20, 1983, see section 321(f) of set out as a note under section
of this title.
Section 322(c) of provided that: “The amendments made by this section [amending this section, section
of this title, and sections
and
of Title
, The Public Health and Welfare] shall be effective for taxable years beginning on or after the date of the enactment of this Act [Apr. 20, 1983].”
Section 323(c)(1) of provided that: “The amendments made by subsection (a) [amending this section and section
of Title
] shall apply to remuneration paid after December 31, 1983.”
Section 324(d) of , as amended by , div. B, title VI, § 2662(f)(2), July 18, 1984, ; , § 2, Oct. 22, 1986, , provided that:
“(1) Except as otherwise provided in this subsection, the amendments made by this section [amending this section, section
of this title, and sections
and
of Title
and enacting provisions set out as a note under section
of this title] shall apply to remuneration paid after December 31, 1983. For purposes of applying such amendments to remuneration paid after December 31, 1983, which would have been taken into account before January 1, 1984, if such amendments had applied to periods before January 1, 1984, such remuneration shall be taken into account when paid (or, at the election of the payor, at the time which would be appropriate if such amendments had applied).
“(2) Except as otherwise provided in this subsection, the amendments made by subsection (b) [amending section
of this title and enacting provisions set out as a note under section
of this title] shall apply to remuneration paid after December 31, 1984. For purposes of applying such amendments to remuneration paid after December 31, 1984, which would have been taken into account before January 1, 1985, if such amendments had applied to periods before January 1, 1985, such remuneration shall be taken into account when paid (or, at the election of the payor, at the time which would be appropriate if such amendments had applied).
“(3) The amendments made by this section shall not apply to employer contributions made during 1984 and attributable to services performed during 1983 under a qualified cash or deferred arrangement (as defined in section 401(k) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]) if, under the terms of such arrangement as in effect on March 24, 1983—
“(A) the employee makes an election with respect to such contribution before January 1, 1984, and
“(B) the employer identifies the amount of such contribution before January 1, 1984.
In the case of the amendments made by subsection (b), the preceding sentence shall be applied by substituting ‘1985’ for ‘1984’ each place it appears and by substituting ‘during 1984’ for ‘during 1983’.
“(4) In the case of an agreement in existence on March 24, 1983, between a nonqualified deferred compensation plan (as defined in section 3121(v)(2)(C) of the Internal Revenue Code of 1986, as added by this section) and an individual—
“(A) the amendments made by this section (other than subsection (b)) shall apply with respect to services performed by such individual after December 31, 1983, and
“(B) the amendments made by subsection (b) shall apply with respect to services performed by such individual after December 31, 1984.
The preceding sentence shall not apply in the case of a plan to which section 457(a) of such Code applies. For purposes of this paragraph, any plan or agreement to make payments described in paragraph (2), (3), or (13)(A)(iii) of section 3121(a) of such Code (as in effect on the day before the date of the enactment of this Act [Apr. 20, 1983]) shall be treated as a nonqualified deferred compensation plan.”
Section 327(d) of , as amended by , div. B, title VI, § 2662(g), July 18, 1984, ; , § 2, Oct. 22, 1986, , provided that:
“(1) The amendment made by subsection (a) [amending this section and section
of Title
] shall apply to remuneration paid after December 31, 1983.
“(2) The amendments made by subsection (b) and subsection (c)(4) [amending this section, section
of this title, and section
of Title
] shall apply to remuneration (other than amounts excluded under section 119 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]) paid after March 4, 1983, and to any such remuneration paid on or before such date which the employer treated as wages when paid.
“(3) The amendments made by paragraphs (1), (2), and (3) of subsection (c) [amending section
of this title] shall apply to remuneration paid after December 31, 1984.”
Section 328(d) of provided that:
“(1) Except as provided in paragraph (2), the amendments made by this section [amending this section, section
of this title, and section
of Title
] shall apply to remuneration paid after December 31, 1983.
“(2) The amendments made by subsection (c) [amending section
of this title] shall apply to remuneration paid after December 31, 1984.”
Effective Date of 1982 Amendment
Section 278(c)(1) of provided that: “The amendments made by subsection (a) [amending this section and sections
and
of this title] shall apply to remuneration paid after December 31, 1982.”
Effective Date of 1981 Amendments
Section 3(g) of provided that:
“(1) Except as provided in paragraph (2), this section (and the amendments made by this section) [amending this section, section
of this title, and section
of Title
, The Public Health and Welfare, and enacting provisions set out as notes under this section and section
of this title] shall apply to remuneration paid after December 31, 1981.
“(2) This section (and the amendments made by this section) shall not apply with respect to any payment made by a third party to an employee pursuant to a contractual relationship of an employer with such third party entered into before December 14, 1981, if—
“(A) coverage by such third party for the group in which such employee falls ceases before March 1, 1982, and
“(B) no payment by such third party is made to such employee under such relationship after February 28, 1982.”
Amendment by applicable to remuneration paid after Dec. 31, 1981, see section 124(f) of , set out as a note under section
of this title.
Effective Date of 1980 Amendments
Section 1141(c) of , as amended by , § 2, Oct. 22, 1986, , provided that:
“(1) In general.—Except as provided in paragraph (2), the amendments made by this section [amending this section, section
of this title, and section
of Title
, The Public Health and Welfare] shall apply with respect to remuneration paid after December 31, 1980.
“(2) Exception for state and local governments.—
“(A) The amendments made by this section (insofar as they affect the application of section 218 of the Social Security Act [ U.S.C. ]) shall not apply to any payment made before January 1, 1984, by any governmental unit for positions of a kind for which all or a substantial portion of the social security employee taxes were paid by such governmental unit (without deduction from the remuneration of the employee) under the practices of such governmental unit in effect on October 1, 1980.
“(B) For purposes of subparagraph (A), the term ‘social security employee taxes’ means the amount required to be paid under section 218 of the Social Security Act [ U.S.C. ] as the equivalent of the taxes imposed by section 3101 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954].
“(C) For purposes of subparagraph (A), the term ‘Governmental unit’ means a State or political subdivision thereof within the meaning of section 218 of the Social Security Act [ U.S.C. ].”
Section 101(b)(1)(E) of provided that: “The amendments made by subparagraph (B) of subsection (a)(10) [amending this section and section
of this title] shall apply to payments made on or after January 1, 1979.”
Effective Date of 1978 Amendments
Amendment by applicable with respect to taxable years beginning after Dec. 31, 1978, see section 164(d) of , set out as an Effective Date note under section
of this title.
Section 3(d) of provided that: “The amendments made by this section [amending this section, section
of this title, and section
of Title
, The Public Health and Welfare] shall apply with respect to taxable years beginning after December 31, 1976.”
Effective Date of 1977 Amendment
Section 312(h) of , as amended by , § 2, Oct. 22, 1986, , provided that: “The amendments made by subsections (a), (b), (d), (e), (f), and (g) of this section [amending this section and provisions set out below] shall be effective as though they had been included as a part of the amendments made to section 3121(k) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] by the first section of Public Law 94–563 (or, in the case of the amendments made by subsection (e), as a part of section 3 of such Public Law).”
Section 314(c) of provided that: “The amendments made by this section [amending this section and section
of this title] shall apply with respect to wages paid after December 31, 1978.”
Amendment by section 315(a) of applicable with respect to wages paid with respect to employment performed in months after Dec. 1977, see section 315(c) of , set out as a note under section
of this title.
Section 356(e) of provided that: “The amendments made by this section [amending this section] shall apply with respect to remuneration paid and services rendered after December 31, 1977.”
Effective Date of 1976 Amendments
Section 1(d) of , as amended by , § 2, Oct. 22, 1986, , provided that: “The amendments made by this section [amending this section and section
of Title
, The Public Health and Welfare], shall apply with respect to services performed after 1950, to the extent covered by waiver certificates filed or deemed to have been filed under section 3121(k)(4) or (5) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as added by such amendments).”
Section 1207(f)(4) of , as amended by , title VII, § 701(z)(1), Nov. 6, 1978, ; , § 2, Oct. 22, 1986, , provided that:
“(A) The amendments made by paragraphs (1)(A) and (2)(A) of subsection (e) [amending this section and section
of Title
, The Public Health and Welfare] shall apply to services performed after December 31, 1954. The amendments made by paragraphs (1)(B), (1)(C), and (2)(B) of such subsection [amending sections
and
of this title and section
of Title
] shall apply to taxable years ending after December 31, 1954. The amendments made by paragraph (3) of such subsection [enacting section
and amending section
of this title] shall apply to calendar years beginning after the date of the enactment of this Act [Oct. 4, 1976].
“(B) Notwithstanding subparagraph (A), if the owner or operator of any boat treated a share of the boat’s catch of fish or other aquatic animal life (or a share of the proceeds therefrom) received by an individual after December 31, 1954, and before the date of the enactment of this act [Oct. 4, 1976] for services performed by such individual after December 31, 1954, on such boat as being subject to the tax under chapter 21 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], then the amendments made by paragraphs (1)(A) and (B) and (2) of subsection (c) shall not apply with respect to such services performed by such individual (and the share of the catch, or the proceeds therefrom, received by him for such services).”
[Section 701(z)(2) of provided that: “The amendments made by paragraph (1) [amending section 1207(f)(4) of , set out above] shall take effect on October 4, 1976.”]
Amendment by section 1903 of applicable with respect to wages paid after Dec. 31, 1976, see section 1903(d) of , set out as a note under section
of this title.
Effective Date of 1973 Amendments
Amendment by applicable only with respect to remuneration paid after, and taxable years beginning after, 1973, see section 5(e) of , set out as a note under section
of Title
, The Public Health and Welfare.
Amendment by applicable only with respect to remuneration paid after, and taxable years beginning after, 1973, see section 203(e) of , set out as a note under section
of Title
.
Effective Date of 1972 Amendments
Amendment by section 104(i) of applicable only with respect to payments after 1974, see section 104(j) of , set out as a note under section
of Title
, The Public Health and Welfare.
Amendment by sections 122(b) and 138(b) of applicable in the case of any payment made after December 1972, see sections 122(c) and 138(c) of , set out as notes under section
of Title
.
Amendment by section 128(b) of applicable with respect to service performed on and after first day of calendar quarter which begins on or after Oct. 30, 1972, see section 128(c) of , set out as a note under section
of Title
.
Amendment by section 129(a)(2) of applicable to services performed after Dec. 31, 1972, see section 129(b) of , set out as a note under section
of Title
.
Amendment by applicable only with respect to remuneration paid after December 1972, see section 203(c) of , set out as a note under section
of Title
.
Effective Date of 1971 Amendment
Amendment by applicable only with respect to remuneration paid after December 1971, see section 203(c) of , set out as a note under section
of Title
, The Public Health and Welfare.
Effective Date of 1969 Amendment
Amendment by applicable with respect to tax returns the date prescribed by law for filing of which is after Dec. 31, 1969, see section 943(d) of , set out as a note under section
of this title.
Effective Date of 1968 Amendment
Amendment by section 108(b) of applicable only with respect to remuneration paid after December 1967, see section 108(c) of , set out as a note under section
of Title
, The Public Health and Welfare.
Amendment by section 123(b) of applicable with respect to services performed after Dec. 31, 1967, see section 123(c) of , set out as a note under section
of Title
.
Section 504(d) of provided that: “The amendments made by this section [amending this section, section
of this title, and section
of Title
] shall apply with respect to remuneration paid after the date of the enactment of this Act [Jan. 2, 1968].”
Effective Date of 1965 Amendment
Amendment by section 311(b)(4), (5) of applicable only with respect to services performed after 1965, see section 311(c) of , set out as an Effective Date of 1965 Amendment note under section
of Title
, The Public Health and Welfare.
Amendment by section 313 of applicable only with respect to tips received by employees after 1965, see section 313(f) of , set out as an Effective Date note under section
of this title.
Section 316(a)(2) of provided that: “The amendment made by paragraph (1) [amending this section] shall apply in the case of any certificate filed under section 3121(k)(1)(A) of such Code after the date of the enactment of this Act [July 30, 1965].”
Amendment by section 317 of applicable with respect to services performed after quarter ending September 30, 1965, and after quarter in which Secretary of the Treasury receives a certification from Commissioners of District of Columbia expressing their desire to have insurance system established by sections
et seq. and 1395c et seq. of Title 42 extended to the officers and employees coming under provisions of such amendments, see section 317(g) of , set out as a note under section
of Title
.
Section 320(c) of provided that: “The amendments made by subsections (a)(1) and (a)(3)(A) [amending sections
and
of Title
], and the amendments made by subsection (b) (except paragraph (1) thereof) [amending this section and sections
,
, and
of this title], shall apply only with respect to remuneration paid after December 1965. The amendments made by subsections (a)(2), (a)(3)(B), and (b)(1) [amending section
of this title and sections
and
of Title
] shall apply only with respect to taxable years ending after 1965. The amendment made by subsection (a)(4) [amending section
of Title
] shall apply only with respect to calendar years after 1965.”
Effective Date of 1964 Amendments
Section 4(d) of provided that: “The amendments made by this section [amending this section, section
of this title, and section
of Title
, The Public Health and Welfare] shall apply with respect to remuneration paid on or after the first day of the first calendar month which begins more than ten days after the date of the enactment of this Act [Oct. 13, 1964].”
Amendment by applicable to remuneration paid after Dec. 31, 1962, see section 220(d) of , set out as an Effective Date note under section
of this title.
Effective Date of 1961 Amendments
Section 202(c) of provided that: “The amendments made by subsections (a) and (b) of this section [amending this section, sections
and
of this title, and sections
,
, and
of Title
, The Public Health and Welfare] shall apply with respect to service performed after the date of the enactment of this Act [Sept. 22, 1961]. In the case of any individual who is enrolled as a volunteer or volunteer leader under section 16(a) of this Act [section
of Title
, Foreign Relations and Intercourse] such amendments shall apply with respect to services performed on or after the effective date of such enrollment.” [Section 202(c) of repealed by , § 5(a), Sept. 13, 1966, . Such repeal not deemed to affect amendments contained in such provisions, see section 5(b) of , set out as a note under former section
of Title
.]
Section 110(h)(3) of provided that: “The amendments made by subsections (e) and (f) of this section [amending this section, section
of this title, and section
of Title
, The Public Health and Welfare] shall apply with respect to service performed after December 31, 1961.”
Effective Date of 1960 Amendments
Amendment by section 103(n) of applicable only with respect to (1) service in the employ of the Government of Guam or any political subdivision thereof, or any instrumentality of any one or more of the foregoing wholly owned thereby, which is performed after 1960 and after the calendar quarter in which the Secretary of the Treasury receives a certification by the Governor of Guam that legislation has been enacted by the Government of Guam expressing its desire to have the insurance system established by title II of the Social Security Act ( U.S.C. et seq.) extended to the officers and employees of such Government and such political subdivisions and instrumentalities, and (2) service in the employ of the Government of American Samoa or any political subdivision thereof or any instrumentality of any one or more of the foregoing wholly owned thereby, which is performed after 1960 and after the calendar quarter in which the Secretary of the Treasury receives a certification by the Governor of American Samoa that the Government of American Samoa desires to have the insurance system established by title II of the Social Security Act extended to the officers and employees of such Government and such political subdivisions and instrumentalities, see section 103(v)(1) of , set out as a note under section
of Title
, The Public Health and Welfare, and such amendment applicable only as expressly provided therein, see section 103(v)(2) of , set out as a note under section
of Title
.
Amendment by section 103(o), (p) of applicable only with respect to service performed after 1960, see section 103(v)(1) of , set out as a note under section
of Title
.
Amendment by section 104(b) of applicable only with respect to services performed after 1960, see section 104(c) of , set out as a note under section
of Title
.
Section 18(k) of provided that: “The amendments contained in subsections (a) through (j) of this section [amending this section and sections
,
,
,
,
,
,
4774,
, and
of this title] shall be effective as of August 21, 1959.”
Section 105(d) of , as amended by , § 2, Oct. 22, 1986, , provided that:
“(1) The amendments made by subsection (a) [amending this section] shall apply only with respect to certificates filed under section 3121(k)(1) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] after the date of the enactment of this Act [Sept. 13, 1960].
“(2) No monthly benefits under title II of the Social Security Act [ U.S.C. et seq.] for the month in which this Act is enacted or any prior month shall be payable or increased by reason of the provisions of subsections (b) and (c) of this section or the amendments made by such subsections [amending section
of this title and enacting provisions set out as notes under this section and 1402 of this title], and no lump-sum death payment under such title shall be payable or increased by reason of such provisions or amendments in the case of any individual who died prior to the date of the enactment of this Act [Sept. 13, 1960].”
Effective Date of 1959 Amendments
Amendment by effective Jan. 1, 1960, see section 203(c) of .
Section 22(i) of provided that: “The amendments contained in subsections (a) through (h) of this section [amending this section and sections
,
,
,
,
,
,
4774,
,
, and
of this title] shall be effective as of January 3, 1959.”
Effective Date of 1958 Amendment
Section 402(e) of provided that: “The amendments made by subsections (b) and (c) [amending this section and section
of this title] shall be applicable only with respect to remuneration paid after 1958.”
Section 404(b) of provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to service performed after 1958.”
Section 405(c) of , as amended by , § 2, Oct. 22, 1986, , provided that: “The amendments made by subsections (a) and (b) [amending this section] shall apply with respect to certificates filed under section 3121(k)(1) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] after the date of enactment of this Act [Aug. 28, 1958] and requests filed under subparagraph (F) of such section after such date.”
Effective Date of 1956 Amendment
Section 201(m) of act Aug. 1, 1956, ch. 836, as amended by act Oct. 22, 1986, , § 2,
100 Stat. 2095, provided that:
“(1) The amendments made by subsection (a) [enacting section
of this title] and paragraph (1) of subsection (h) [amending this section] shall apply with respect to remuneration paid after 1956. The amendment made by subsection (b) [amending this section] shall apply with respect to remuneration paid after October 1956. The amendments made by subsection (c) and paragraph (2) of subsection (h) [amending this section] shall apply with respect to service performed after 1956. The amendments made by paragraphs (1) and (2) of subsection (d) [amending this section] shall apply with respect to service with respect to which the amendments made by paragraphs (1) and (2) of subsection (b) of section
of this Act [amending section
of Title
, The Public Health and Welfare] apply. The amendments made by paragraph (1) of subsection (e) [amending this section] shall apply with respect to service performed after 1954. The amendment made by paragraph (3) of such subsection shall [amending section
of this title] apply with respect to taxable years ending after 1954. The amendments made by paragraph (2) of subsection (e) and by subsection (f) [amending section
of this title] shall apply with respect to taxable years ending after 1955. The amendment made by subsection (i) [amending section
of this title] shall apply with respect to taxable years ending on or after December 31, 1956. The amendment made by subsection (l) [amending this section] shall apply with respect to certificates filed after 1956 under section 3121(k) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954].
“(2)(A) Except as provided in subparagraph (B), the amendment made by subsection (g) [amending section
of this title] shall apply only with respect to taxable years ending after 1956.
“(B) Any individual who, for a taxable year ending after 1954 and prior to 1957, had income which by reason of the amendment made by subsection (g) would have been included within the meaning of ‘net earnings from self-employment’ (as such term is defined in section 1402(a) of the Internal Revenue Code of 1986), if such income had been derived in a taxable year ending after 1956 by an individual who had filed a waiver certificate under section 1402(e) of such Code, may elect to have the amendment made by subsection (g) apply to his taxable years ending after 1954 and prior to 1957. No election made by any individual under this subparagraph shall be valid unless such individual has filed a waiver certificate under section 1402(e) of such Code prior to the making of such election or files a waiver certificate at the time he makes such election.
“(C) Any individual described in subparagraph (B) who has filed a waiver certificate under section 1402(e) of such Code prior to the date of enactment of this Act [Aug. 1, 1956], or who files a waiver certificate under such section on or before the due date of his return (including any extension thereof) for his last taxable year ending prior to 1957, must make such election on or before the due date of his return (including any extension thereof) for his last taxable year ending prior to 1957, or before April 16, 1957, whichever is the later.
“(D) Any individual described in subparagraph (B) who has not filed a waiver certificate under section 1402(e) of such Code on or before the due date of his return (including any extension thereof) for his last taxable year ending prior to 1957 must make such election on or before the due date of his return (including any extension thereof) for his first taxable year ending after 1956. Any individual described in this subparagraph whose period for filing a waiver certificate under section 1402(e) of such Code has expired at the time he makes such election may, notwithstanding the provisions of paragraph (2) of such section, file a waiver certificate at the time he makes such election.
“(E) An election under subparagraph (B) shall be made in such manner as the Secretary of the Treasury or his delegate shall prescribe by regulations. Notwithstanding the provisions of paragraph (3) of section 1402(e) of such Code, the waiver certificate filed by an individual who makes an election under subparagraph (B) (regardless of when filed) shall be effective for such individual’s first taxable year ending after 1954 in which he had income which by reason of the amendment made by subsection (g) would have been included within the meaning of ‘net earnings from self-employment’ (as such term is defined in section 1402(a) of such Code), if such income had been derived in a taxable year ending after 1956 by an individual who had filed a waiver certificate under section 1402(e) of such Code, or for the taxable year prescribed by such paragraph (3) of section
, if such taxable year is earlier, and for all succeeding taxable years.
“(F) No interest or penalty shall be assessed or collected for failure to file a return within the time prescribed by law, if such failure arises solely by reason of an election made by an individual under subparagraph (B), or for any underpayment of the tax imposed by section 1401 of such Code arising solely by reason of such election, for the period ending with the date such individual makes an election under subparagraph (B).
“(3) Any tax under chapter 2 of the Internal Revenue Code of 1986 [section
et seq. of this title] which is due, solely by reason of the enactment of subsection (f) [amending section
of this title], or paragraph (2) of subsection (e), of this section [amending section
of this title], for any taxable year ending on or before the date of the enactment of this Act [Aug. 1, 1956] shall be considered timely paid if payment is made in full on or before the last day of the sixth calendar month following the month in which this Act is enacted. In no event shall interest be imposed on the amount of any tax due under such chapter solely by reason of the enactment of subsection (f), or paragraph (2) of subsection (e), of this section for any period before the day after the date of enactment of this Act.
“(4) Any tax due under chapter 21 of the Internal Revenue Code of 1986 [this chapter] which is due, solely by reason of the enactment of subsection (d) [amending this section] and an effective date prescribed pursuant to paragraph (2)(B) or (2)(C) of section
[set out as a note under section
of Title
, The Public Health and Welfare], for any calendar quarter beginning prior to the day on which the Secretary of Health, Education, and Welfare approves the plan which prescribes such effective date shall be considered timely paid if payment is made in full on or before the last day of the sixth calendar month following the month in which such plan is approved. In no event shall interest be imposed on the amount of any such tax due under such chapter for any period before the day on which the Secretary of Health, Education, and Welfare approves such plan.”
Amendment by act Aug. 1, 1956, ch. 837, effective Jan. 1, 1957, see section 603(a) of act Aug. 1, 1956.
Effective Date of 1954 Amendment
Section 204(c) of act Sept. 1, 1954, provided that: “The amendments made by subsections (a) and (b) [amending this section] shall be applicable only with respect to remuneration paid after 1954.”
Section 205(f) of act Sept. 1, 1954, provided that: “The amendments made by subsections (c), (d), and (e) [amending this section] shall be applicable only with respect to services performed after 1954. The amendments made by subsections (a) and (b) [amending this section] shall be applicable only with respect to services (whether performed after 1954 or prior to 1955) for which the remuneration is paid after 1954.”
Section 206(b) of act Sept. 1, 1954, provided that: “The amendment made by subsection (a) [amending this section] shall be applicable only with respect to services performed after 1954.”
Regulations
Section 3(d) of , as amended by , § 2, Oct. 22, 1986, , provided that:
“(1) The regulations prescribed under the last sentence of section 3121(a) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], and the regulations prescribed under subparagraph (D) of section 3231(e)(4) of such Code, shall provide procedures under which, if (with respect to any employee) the third party promptly—
“(A) withholds the employee portion of the taxes involved,
“(B) deposits such portion under section 6302 of such Code, and
“(C) notifies the employer of the amount of the wages or compensation involved,
the employer (and not the third party) shall be liable for the employer portion of the taxes involved and for meeting the requirements of section 6051 of such Code (relating to receipts for employees) with respects to the wages or compensation involved.
“(2) For purposes of paragraph (1)—
“(A) the term ‘employer’ means the employer for whom services are normally rendered,
“(B) the term ‘taxes involved’ means, in the case of any employee, the taxes under chapters 21 and 22 which are payable solely by reason of the parenthetical matter contained in subparagraph (B) of section 3121(a)(2) of such Code, or solely by reason of paragraph (4) of section 3231(e) of such Code, and
“(C) the term ‘wages or compensation involved’ means, in the case of any employee, wages or compensation with respect to which taxes described in subparagraph (B) are imposed.”
Repeals; Amendments and Application of Amendments Unaffected
Section 202(a)(1), (2) of , cited as a credit to this section, was repealed by , § 5(a), Sept. 13, 1966, . Such repeal not deemed to affect amendments to this section contained in such provisions, and continuation in full force and effect until modified by appropriate authority of all determinations, authorization, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under authority of the repealed provisions, see section 5(b) of , set out as a note under section
of Title
, Foreign Relations and Intercourse.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections
,
,
, and
of Title
, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
of Title
.
Functions of Public Health Service, of Surgeon General of Public Health Service, and of all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by 1966 Reorg. Plan No. 3, F.R. , , effective June 25, 1966, set out in the Appendix to Title 5, Government Organization and Employees. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section
of Title
, Education.
Coast and Geodetic Survey consolidated with National Weather Bureau in 1965 to form Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, F.R. , , set out in the Appendix to Title 5, Government Organization and Employees. Commissioned Officer Corps of Environmental Science Services Administration changed to Commissioned Officer Corps of National Oceanic and Atmospheric Administration, see 1970 Reorg. Plan No. 4, § 4(d), eff. Oct. 3, 1970, F.R. , , set out in the Appendix to Title 5.
Subversive Activities Control Board
The Subversive Activities Control Board was established by act Sept. 23, 1950, ch. 1024, § 12, and ceased to operate June 30, 1973.
No Inference To Be Drawn From Amendment by Pub. L. 108–121
No inference to be drawn from amendment to subsec. (a)(18) of this section by section 106 of with respect to tax treatment of any amounts under program described in section
of this title for any taxable year beginning before Jan. 1, 2003, see section 106(d) of , set out as a note under section
of this title.
Line Item Veto
Section 642(d)(2) of , amending this section, was subject to line item veto by the President, Cancellation No. 97–56, signed Oct. 16, 1997, F.R. , Oct. 17, 1997. For decision holding line item veto unconstitutional, see Clinton v. City of New York, 524 U.S. 417, 118 S.Ct. 2091, 141 L.Ed.2d 393 (1998).
Clarification of Standard To Be Used in Determining Employment Tax Status of Securities Brokers
, title IX, § 921, Aug. 5, 1997, , provided that:
“(a) In General.—In determining for purposes of the Internal Revenue Code of 1986 whether a registered representative of a securities broker-dealer is an employee (as defined in section 3121(d) of the Internal Revenue Code of 1986), no weight shall be given to instructions from the service recipient which are imposed only in compliance with investor protection standards imposed by the Federal Government, any State government, or a governing body pursuant to a delegation by a Federal or State agency.
“(b) Effective Date.—Subsection (a) shall apply to services performed after December 31, 1997.”
Treatment of Certain University Accounts
Section 1802 of provided that:
“(a) In General.—For purposes of subsection (s) of section
of the Internal Revenue Code of 1986 (relating to concurrent employment by 2 or more employers)—
“(1) the following entities shall be deemed to be related corporations that concurrently employ the same individual:
“(A) a State university which employs health professionals as faculty members at a medical school, and
“(B) an agency account of a State university which is described in subparagraph (A) and from which there is distributed to such faculty members payments forming a part of the compensation that the State, or such State university, as the case may be, agrees to pay to such faculty members, but only if—
“(i) such agency account is authorized by State law and receives the funds for such payments from a faculty practice plan described in section 501(c)(3) of such Code and exempt from tax under section 501(a) of such Code,
“(ii) such payments are distributed by such agency account to such faculty members who render patient care at such medical school, and
“(iii) such faculty members comprise at least 30 percent of the membership of such faculty practice plan, and
“(2) remuneration which is disbursed by such agency account to any such faculty member of the medical school described in paragraph (1)(A) shall be deemed to have been actually disbursed by the State, or such State university, as the case may be, as a common paymaster and not to have been actually disbursed by such agency account.
“(b) Effective Date.—The provisions of subsection (a) shall apply to remuneration paid after December 31, 1996.”
Exclusion From Wages and Compensation of Refunds Required From Employers To Compensate for Duplication of Medicare Benefits by Health Care Benefits Provided by Employers
For purposes of this chapter, the term “wages” shall not include the amount of any refund required under section 421 of , U.S.C. , see section 10202 of , set out as a note under section
of Title
, The Public Health and Welfare.
Nonenforcement of Amendment Made by Section 1151 of Pub. L. 99–514 for Fiscal Year 1990
No monies appropriated by to be used to implement or enforce section 1151 of or the amendments made by such section, see section 528 of , set out as a note under section
of this title.
Treatment of Certain Family Services Care Providers
Section 6305 of provided that:
“(a) In General.—A State may treat a person who renders dependent care or similar services as other than an employee [for] employment tax purposes for the applicable period if all of the following conditions are satisfied with respect to such person for such applicable period:
“(i) The person does not provide any dependent care or similar services in any facility owned or operated by the State.
“(ii) The person is compensated by the State for such services, directly or indirectly, out of funds provided pursuant to chapter
of title
of the United States Code [ U.S.C. et seq.], or the provisions and amendments made by the Family Security Act of 1988 [probably means the Family Support Act of 1988, , see Tables for classification].
“(iii) The State does not treat the person, with respect to the provision of dependent care or similar services, as an employee for employment tax purposes.
“(iv) The State files all Federal income tax returns (including information returns) required to be filed with respect to such person on a basis consistent with the State’s treatment of such person as other than an employee beginning on the date of the enactment of this section [Nov. 10, 1988].
“(v) No more than ten percent of the State’s employees are provided with insurance under title II of the Social Security Act [ U.S.C. et seq.] pursuant to voluntary agreements with the Secretary of Health and Human Services under section 218 of such title [ U.S.C. ].
“(b) State.—For purposes of this section, the term ‘State’ shall mean the government of the United States, District of Columbia, any State or political subdivision thereof, and any agency or instrumentality of any of the foregoing.
“(c) Employment Tax.—For purposes of this section, the term ‘employment tax’ means any tax imposed by subtitle C of the Internal Revenue Code of 1986.
“(d) Applicable Period.—For purposes of this section, the term ‘applicable period’ means the period beginning on January 1, 1984 and ending on December 31, 1990.
“(e) Report.—The Secretary of the Treasury shall report to the Senate Committee on Finance and the House Committee on Ways and Means on the text [tax] status of day care providers compensated pursuant to the program described in the section no later than December 31, 1989.”
[The due date for the report referred to in section 6305(e) of , set out above, extended to Jan. 1, 1992, by , title XI, § 11831(b), Nov. 5, 1990, .]
Certain Employer Pension Contributions Not Included in FICA Wage Base
Section 8018 of provided that: “In the case of any State (within the meaning of section 3121(e)(1) of the Internal Revenue Code of 1986) or political subdivision thereof which received a letter ruling of the Internal Revenue Service issued after December 31, 1983, and before the date of the enactment of this Act [Nov. 10, 1988] maintaining that any amount treated as an employer contribution under section 414(h)(2) of the Internal Revenue Code of 1986 is excluded from the definition of ‘wages’ for purposes of tax liability under section 3121(v)(1)(B) of such Code, such State or political subdivision shall be relieved of any liability for taxes under such section
which, in good faith reliance on such letter ruling, were not paid and which would otherwise have been required to be paid (but for this section) on or before the earlier of the date of the enactment of this Act or the date of the receipt of a notice of revocation from the Internal Revenue Service of such letter ruling.”
Plan Amendments Not Required Until January 1, 1998
For provisions directing that if any amendments made by subtitle D [§§ 1401–1465] of title I of require an amendment to any plan or annuity contract, such amendment shall not be required to be made before the first day of the first plan year beginning on or after Jan. 1, 1998, see section 1465 of , set out as a note under section
of this title.
Plan Amendments Not Required Until January 1, 1994
For provisions directing that if any amendments made by subtitle B [§§ 521–523] of title V of require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1994, see section 523 of , set out as a note under section
of this title.
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and
1171–1177] or title XVIII [§§ 1800–1899A] of require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of , as amended, set out as a note under section
of this title.
Federal Legislative Branch Employees; Exclusion of Certain Retirement Contributions for Purposes of Subsection (b)(5)(G)
Federal employees not to be deemed subject to Federal retirement system for purposes of subsec. (b)(5)(G) of this section if employees are contributing reduced amounts by reason of Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983, see section 2601(c) of , set out as a note under section
of Title
, The Public Health and Welfare.
Service Performed for Nonprofit Organizations by Federal Employees
For purposes of subsec. (b)(5) of this section as in effect in January 1983 and as in effect on and after Jan