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LegalText 45 U.S.C. § 231q Crediting service under Social Security Act us united_states_code code_section 45 RAILROADS 9 RETIREMENT OF RAILROAD EMPLOYEES 231q 45 U.S.C. § 231q current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc45@119-100.zip /us/usc/t45/s231q data/legal/raw/us/code/title-45/usc45.xml 06f828bc08738e013ea074a1a4eeccc96bfef22e1b380562ad7523cbe9b008c3 6ff04cb352e22f8a18f24c94e9adb8036909cf2a75f41489d768a5934fb9667c 0a9b2ecfcfd68c05c6758cad56153274856a2cc1b2ce45a807ea8b67124cd39e 2026-07-04 official
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45 U.S.C. § 231q - Crediting service under Social Security Act

Text

(1) Except as provided in subdivision (2), the term “employment” as defined in section 216 of the Social Security Act [42 U.S.C. 416] shall not include service performed by an individual as an employee as defined in section 231(b) of this title.

(2) For the purpose of determining (i) monthly insurance benefits under the Social Security Act [42 U.S.C. 301 et seq.] to an employee who will have completed less than ten years of service (or less than five years of service, all of which accrues after December 31, 1995) and to others deriving from him or her during his or her life and (ii) monthly insurance benefits and lump-sum death benefits under such Act with respect to the death of an employee who (A) will have completed less than ten years of service (or less than five years of service, all of which accrues after December 31, 1995) or (B) will have completed ten or more years of service (or five or more years of service, all of which accrues after December 31, 1995) but will not have had a current connection with the railroad industry at the time of his death, and for the purposes of section 203 and section 216(i) of that Act [42 U.S.C. 403, 416(i)], section 210(a)(9) of the Social Security Act [42 U.S.C. 410(a)(9)] and subdivision (1) of this section shall not operate to exclude from “employment” under the Social Security Act service which would otherwise be included in such “employment” but for such sections. For such purpose, compensation paid in a calendar year shall, in the absence of evidence to the contrary, be presumed to have been paid in equal proportions with respect to all months in the year in which the employee will have been in service as an employee. In the application of the Social Security Act pursuant to this subdivision to service as an employee, all service as defined in section 231(d) of this title shall be deemed to have been performed within the United States.

(Aug. 29, 1935, ch. 812, § 18, as restated June 24, 1937, ch. 382, pt. I, 50 Stat. 307, as restated Pub. L. 93445, title I, § 101, Oct. 16, 1974, 88 Stat. 1349; amended Pub. L. 9735, title XI, § 1125, Aug. 13, 1981, 95 Stat. 639; Pub. L. 10790, title I, § 103(g), Dec. 21, 2001, 115 Stat. 881.)

Notes

Editorial Notes

References in TextThe Social Security Act, referred to in par. (2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments2001—Par. (2). Pub. L. 10790 inserted “(or less than five years of service, all of which accrues after December 31, 1995)” after “ten years of service” in two places and inserted “(or five or more years of service, all of which accrues after December 31, 1995)” after “ten or more years of service”. 1981—Par. (2). Pub. L. 9735 inserted “and section 216(i)” after “203”.

Statutory Notes and Related Subsidiaries

Effective Date of 2001 AmendmentAmendment by Pub. L. 10790 effective Jan. 1, 2002, see section 103(j) of Pub. L. 10790, set out as a note under section 405 of Title 42, The Public Health and Welfare.

Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective Jan. 1, 1975, see section 1129(b)(2) of Pub. L. 9735, set out as a note under section 231 of this title.