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2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 418a Voluntary agreements for coverage of Indian tribal council members us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 7 SOCIAL SECURITY 418a 42 U.S.C. § 418a current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s418a data/legal/raw/us/code/title-42/usc42.xml d66f2c7444d2a3131dfc60993d3e5a13d6652adf8cb33533e2d8a308c59d744a 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e bc62246ebc1418ad34173c77a3edabd4f25858495d2ca72aaed80409de24e3bb 2026-07-04 official
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42 U.S.C. § 418a - Voluntary agreements for coverage of Indian tribal council members

Text

(a) Purpose of agreement (1) The Commissioner of Social Security shall, at the request of any Indian tribe, enter into an agreement with such Indian tribe for the purpose of extending the insurance system established by this subchapter to services performed by individuals as members of such Indian tribes tribal council. Any agreement with an Indian tribe under this section applies to all members of the tribal council, and shall include all services performed by individuals in their capacity as council members.

(2) Notwithstanding section 410(a) of this title, for the purposes of this subchapter, the term “employment” includes any service included under an agreement entered into under this section.

(b) Definitions For the purposes of this section:

(1) The term “member” means, with respect to a tribal council, an individual appointed or elected to serve as a member or the head of the tribal council.

(2) The term “tribal council” means the appointed or elected governing body of a federally recognized Indian tribe.

(c) Effective date of agreement (1) Any agreement under this section shall be effective with respect to services performed after an effective date specified in such agreement, provided that such date may not be earlier than the first day of the next calendar month after the month in which the agreement is executed by both parties.

(2) At the request of the Indian tribe at the time of the agreement, such agreement may apply with respect to services performed before such effective date for which there were timely paid in good faith (and not subsequently refunded) to the Secretary of the Treasury amounts equivalent to the sum of the taxes which would have been imposed by sections 3101 and 3111 of the Internal Revenue Code of 1986 had such services constituted employment for purposes of chapter 21 of such Code. No agreement under this section may require payment to be made after the effective date specified in such agreement of any taxes with respect to services performed before such effective date.

(d) Duration of agreement No agreement under this section may be terminated on or after the effective date of the agreement.

(Aug. 14, 1935, ch. 531, title II, § 218A, as added Pub. L. 115243, § 2(a), Sept. 20, 2018, 132 Stat. 2894.)

Notes

Editorial Notes

References in TextThe Internal Revenue Code of 1986, referred to in subsec. (c)(2), is classified generally to Title 26, Internal Revenue Code.

Statutory Notes and Related Subsidiaries

ConstructionNothing in enactment of this section by Pub. L. 115243 to be construed to affect application of any Federal income tax withholding requirements under Title 26, Internal Revenue Code, see section 2(c) of Pub. L. 115243, set out as a Construction of 2018 Amendment note under section 3121 of Title 26.