[Title 20 CFR N]
[Code of Federal Regulations (annual edition) - April 1, 1996 Edition]
[Title 20 - EMPLOYEES' BENEFITS]
[Chapter III - SOCIAL SECURITY ADMINISTRATION]
[Part 404 - FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- )]
[Subpart N - Wage Credits for Veterans and Members of the Uniformed]
[From the U.S. Government Publishing Office]
20
EMPLOYEES' BENEFITS
2
1996-04-01
1996-04-01
false
Wage Credits for Veterans and Members of the Uniformed
N
Subpart N
EMPLOYEES' BENEFITS
SOCIAL SECURITY ADMINISTRATION
FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- )
Subpart N--Wage Credits for Veterans and Members of the Uniformed
Services
Sec. 404.1301 Introduction.
(a) The Social Security Act (Act), under section 217, provides for
noncontributory wage credits to veterans who served in the active
military or naval service of the United States from September 16, 1940,
through December 31, 1956. These individuals are considered World War II
or post-World War II veterans. The Act also provides for noncontributory
wage credits to certain individuals who served in the active military or
naval service of an allied country during World War II. These
individuals are considered World War II veterans. In addition, certain
individuals get wage credits, under section 229 of the Act, for service
as members of the uniformed services on active duty or active duty for
training beginning in 1957 when that service was first covered for
social security purposes on a contributory basis. These individuals are
considered members of the uniformed services.
(b) World War II or post-World War II veterans receive wage credits
based on the length of active military or naval service, type of
separation from service and, in some cases, whether the veteran is
receiving another Federal benefit. However, a member of a uniformed
service receives wage credits regardless of length of service, type of
separation, or receipt of another Federal benefit.
(c) The Social Security Administration (SSA) uses these wage
credits, along with any covered wages or self-employment income of the
veteran or member of a uniformed service, to determine entitlement to,
and the amount of, benefits and the lump-sum death payment that may be
paid to them, their dependents or survivors under the old-age,
survivors', and disability insurance programs. These wage credits can
also be used by the veteran or member of the uniformed service to meet
the insured status and quarters of coverage requirements for a period of
disability.
(d) This subpart tells how veterans or members of the uniformed
services obtain wage credits, what evidence of service SSA requires, how
SSA uses the wage credits, and how the wage credits are affected by
payment of other benefits.
(e) This subpart explains that certain World War II veterans who die
are considered (deemed) fully insured. This gives those veterans'
survivors the same benefit rights as if the veterans were actually fully
insured when they died.
(f) The rules are organized in the following manner:
(1) Sections 404.1310 through 404.1313 contain the rules on World
War II veterans. We discuss who may qualify as a World War II veteran,
how we determine whether the 90-day active service requirement for a
World War II veteran is met, what we consider to be World War II active
military or naval service,
[[Page 297]]
and what we do not consider to be World War II active military or naval
service.
(2) Sections 404.1320 through 404.1323 contain the rules on post-
World War II veterans. We discuss who may qualify as a post-World War II
veteran, how we determine whether the 90-day active service requirement
for a post-World War II veteran is met, what we consider to be post-
World War II active military or naval service, and what we do not
consider to be post-World War II active military or naval service.
(3) In Sec. 404.1325 we discuss what is a separation under
conditions other than dishonorable. The law requires that a World War II
or post-World War II veteran's separation from active military or naval
service be other than dishonorable for the veteran to get wage credits.
(4) Section 404.1330 contains the rules on members of the uniformed
services. We discuss who may qualify as a member of a uniformed service.
(5) In Secs. 404.1340 through 404.1343, we discuss the amount of
wage credits for veterans and members of the uniformed services,
situations which may limit the use of wage credits for World War II and
post-World War II veterans, and situations in which the limits do not
apply.
(6) Sections 404.1350 through 404.1352 contain the rules on deemed
insured status for World War II veterans. We discuss when deemed insured
status applies, the amount of wage credits used for deemed insured World
War II veterans, how the wage credits affect survivors' social security
benefits, and when deemed insured status does not apply.
(7) Sections 404.1360 through 404.1363 contain the rules on the
effect of other benefits on the payment of social security benefits and
lump-sum death payments based on wage credits for veterans. We discuss
what happens when we learn of a determination that a Veterans
Administration pension or compensation is payable or that a Federal
benefit is payable before or after we determine entitlement to a montly
benefit or lump-sum death payment based on the death of the veteran.
(8) Sections 404.1370 and 404.1371 contain the rules on what we
accept as evidence of a World War II and post-World War II veteran's
active military or naval service, including date and type of separation,
and what we accept as evidence of entitlement to wage credits for
membership in a uniformed service during the years 1957 through 1967.
Sec. 404.1302 Definitions.
As used in this subpart--
Act means the Social Security Act, as amended.
Active duty means periods of time an individual is on full-time duty
in the active military or naval service after 1956 and includes active
duty for training after 1956.
Active service means periods of time prior to 1957 an individual was
on full-time duty in the active military or naval service. It does not
include totaling periods of active duty for training purposes before
1957 which are less than 90 days.
Allied country means a country at war on September 16, 1940, with a
country with which the United States was at war during the World War II
period. Each of the following countries is considered an allied country:
Australia, Belgium, Canada, Czechoslovakia, Denmark, France, India,
Luxembourg, the Netherlands, New Zealand, Norway, Poland, Union of South
Africa, and the United Kingdom.
Domiciled in the United States means an individual has a true,
fixed, and permanent home in the United States to which the individual
intends to return whenever he or she is absent.
Federal benefit means a benefit which is payable by another Federal
agency (other than the Veterans Administration) or an instrumentality
owned entirely by the United States under any law of the United States
or under a program or pension system set up by the agency or
instrumentality.
Post-World War II period means the time period July 25, 1947,
through December 31, 1956.
Reserve component means Army Reserve, Naval Reserve, Marine Corps
Reserve, Air Force Reserve, Coast Guard Reserve, National Guard of the
United States or Air National Guard of the United States.
Resided in the United States means an individual had a place where
he or she
[[Page 298]]
lived, whether permanently or temporarily, in the United States and was
bodily present in that place.
Survivor means you are a parent, widow, divorced wife, widower, or
child of a deceased veteran or member of a uniformed service.
United States means the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American
Samoa.
Veteran means an individual who served in the active military or
naval service of the United States and was discharged or released from
that service under conditions other than dishonorable. For a more
detailed definition of the World War II veteran and a post-World War II
veteran, see Secs. 404.1310 and 404.1320.
Wage credit means a dollar amount we add to the earnings record of a
veteran of the World War II or the post-World War II period. It is also
a dollar amount we add to the earnings record of a member of a uniformed
service who was on active duty after 1956. The amount is set out in the
Act and is added for each month, calendar quarter, or calendar year of
service as required by law.
We, us, or our means the Social Security Administration.
World War II period means the time period September 16, 1940,
through July 24, 1947.
You or your means a veteran, a veteran's survivor or a member of a
uniformed service applying for or entitled to a social security benefit
or a lump-sum death payment.
World War II Veterans
Sec. 404.1310 Who is a World War II veteran.
You are a World War II veteran if you were in the active service of
the United States during the World War II period and, if no longer in
active service, you were separated from that service under conditions
other than dishonorable after at least 90 days of active service. The
90-day active service requirement is discussed in Sec. 404.1311.
Sec. 404.1311 Ninety-day active service requirement for World War II veterans.
(a) The 90 days of active service required for World War II veterans
do not have to be consecutive if the 90 days were in the World War II
period. The 90-day requirement cannot be met by totaling the periods of
active duty for training purposes which were less than 90 days.
(b) If, however, all of the 90 days of active service required for
World War II veterans were not in the World War II period, the 90 days
must (only in those circumstances) be consecutive if the 90 days began
before September 16, 1940, and ended on or after that date, or began
before July 25, 1947, and ended on or after that date.
(c) The 90 days of active service is not required if the World War
II veteran died in service or was separated from service under
conditions other than dishonorable because of a disability or injury
which began or worsened while performing service duties.
Sec. 404.1312 World War II service included.
Your service was in the active service of the United States during
the World War II period if you were in the--
(a) Army, Navy, Marine Corps, or Coast Guard, or any part of them;
(b) Commissioned corps of the United States Public Health Service
and were--
(1) On active commissioned service during the period beginning
September 16, 1940, through July 28, 1945, and the active service was
done while on detail to the Army, Navy, Marine Corps, or Coast Guard; or
(2) On active commissioned service during the period beginning July
29, 1945, through July 24, 1947, regardless of whether on detail to the
Army, Navy, Marine Corps, or Coast Guard;
(c) Commissioned corps of the United States Coast and Geodetic
Survey and were--
(1) During the World War II period--
(i) Transferred to active service with the Army, Navy, Marine Corps,
or Coast Guard; or
(ii) Assigned to active service on military projects in areas
determined
[[Page 299]]
by the Secretary of Defense to be areas of immediate military hazard; or
(2) On active service in the Philippine Islands on December 7, 1941;
or
(3) On active service during the period beginning July 29, 1945,
through July 24, 1947;
(d) Philippine Scouts and performed active service during the World
War II period under the direct supervision of recognized military
authority;
(e) Active service of an allied country during the World War II
period and--
(1) Had entered into that active service before December 9, 1941;
(2) Were a citizen of the United States throughout that period of
active service or lost your United States citizenship solely because of
your entrance into that service;
(3) Had resided in the United States for a total of four years
during the five-year period ending on the day you entered that active
service; and
(4) Were domiciled in the United States on that day; or
(f) Women's Army Auxiliary Corps, during the period May 14, 1942,
through September 29, 1943, and performed active service with the Army,
Navy, Marine Corps, or Coast Guard after September 29, 1943.
Sec. 404.1313 World War II service excluded.
Your service was not in the active service of the United States
during the World War II period if, for example, you were in the--
(a) Women's Army Auxiliary Corps, except as described in
Sec. 404.1312(f);
(b) Coast Guard Auxiliary;
(c) Coast Guard Reserve (Temporary) unless you served on active
full-time service with military pay and allowances;
(d) Civil Air Patrol; or
(e) Civilian Auxiliary to the Military Police.
Post-World War II Veterans
Sec. 404.1320 Who is a post-World War II veteran.
You are a post-World War II veteran if you were in the active
service of the United States during the post-World War II period and, if
no longer in active service, you were separated from the service under
conditions other than dishonorable after at least 90 days of active
service. The 90-day active service requirement is discussed in
Sec. 404.1321.
Sec. 404.1321 Ninety-day active service requirement for post-World War II veterans.
(a) The 90 days of active service required for post-World War II
veterans do not have to be consecutive if the 90 days were in the post-
World War II period. The 90-day requirement cannot be met by totaling
the periods of active duty for training purposes before 1957 which were
less than 90 days.
(b) If, however, all of the 90 days of active service required for
post-World War II veterans were not in the post-World War II period, the
90 days must (only in those circumstances) be consecutive if the 90 days
began before July 25, 1947, and ended on or after that date, or began
before January 1, 1957, and ended on or after that date.
(c) The 90 days of active service is not required if the post-World
War II veteran died in service or was separated from service under
conditions other than dishonorable because of a disability or injury
which began or worsened while performing service duties.
Sec. 404.1322 Post-World War II service included.
Your service was in the active service of the United States during
the post-World War II period if you were in the--
(a) Air Force, Army, Navy, Marine Corps, Coast Guard, or any part of
them;
(b) Commissioned corps of the United States Public Health Service
and were on active service during that period;
(c) Commissioned corps of the United States Coast and Geodetic
Survey and were on active service during that period; or
(d) Philippine Scouts and performed active service during the post-
World War II period under the direct supervision of recognized military
authority.
[[Page 300]]
Sec. 404.1323 Post-World War II service excluded.
Your service was not in the active service of the United States
during the post-World War II period if, for example, you were in the--
(a) Coast Guard Auxiliary;
(b) Coast Guard Reserve (Temporary) unless you served on active
full-time service with military pay and allowances;
(c) Civil Air Patrol; or
(d) Civilian Auxiliary to the Military Police.
Separation from Active Service
Sec. 404.1325 Separation from active service under conditions other than dishonorable.
Separation from active service under conditions other than
dishonorable means any discharge or release from the active service
except--
(a) A discharge or release for desertion, absence without leave, or
fraudulent entry;
(b) A dishonorable or bad conduct discharge issued by a general
court martial of the Army, Navy, Air Force, Marine Corps, or Coast Guard
of the United States, or by the active service of an allied country
during the World War II period;
(c) A dishonorable discharge issued by the United States Public
Health Service or the United States Coast and Geodetic Survey;
(d) A resignation by an officer for the good of the service;
(e) A discharge or release because the individual was a
conscientious objector; or
(f) A discharge or release because the individual was convicted by a
civil court for treason, sabotage, espionage, murder, rape, arson,
burglary, robbery, kidnapping, assault with intent to kill, assault with
a deadly weapon, or because of an attempt to commit any of these crimes.
[45 FR 16464, Mar. 14, 1980; 45 FR 22023, Apr. 3, 1980]
Members of the Uniformed Services
Sec. 404.1330 Who is a member of a uniformed service.
A member of a uniformed service is an individual who served on
active duty after 1956. You are a member of a uniformed service if you--
(a) Are appointed, enlisted, or inducted into--
(1) The Air Force, Army, Navy, Coast Guard, or Marine Corps; or
(2) A reserve component of the uniformed services in paragraph
(a)(1) of this section (except the Coast Guard Reserve as a temporary
member);
(b) Served in the Army or Air Force under call or conscription;
(c) Are a commissioned officer of the National Oceanic and
Atmospheric Administration or its predecessors, the Environmental
Science Services Administration and the Coast and Geodetic Survey;
(d) Are a commissioned officer of the Regular or Reserve Corps of
the Public Health Service;
(e) Are a retired member of any of the above services;
(f) Are a member of the Fleet Reserve or Fleet Marine Corps Reserve;
(g) Are a cadet at the United States Military Academy, Air Force
Academy, or Coast Guard Academy, or a midshipman at the United States
Naval Academy; or
(h) Are a member of the Reserve Officers Training Corps of the Army,
Navy or Air Force, when ordered to annual training duty for at least 14
days and while performing official travel to and from that duty.
Amounts of Wage Credits and Limits on Their Use
Sec. 404.1340 Wage credits for World War II and post-World War II veterans.
In determining your entitlement to, and the amount of, your monthly
benefit or lump-sum death payment based on your active service during
the World War II period or the post-World War II period, and for
establishing a period of disability as discussed in Secs. 404.132 and
404.133, we add the (deemed) amount of $160 for each month during a part
of
[[Page 301]]
which you were in the active service as described in Sec. 404.1312 or
Sec. 404.1322. For example, if you were in active service from October
11, 1942, through August 10, 1943, we add the (deemed) amount of $160
for October 1942 and August 1943 as well as November 1942 through July
1943. The amount of wage credits that are added in a calendar year
cannot cause the total amount credited to your earnings record to exceed
the annual earnings limitation explained in Secs. 404.1047 and
404.1096(b).
Sec. 404.1341 Wage credits for a member of a uniformed service.
(a) General. In determining your entitlement to, and the amount of
your monthly benefit (or lump sum death payment) based on your wages
while on active duty as a member of the uniformed service after 1956,
and for establishing a period of disability as discussed in
Sec. 404.132, we add wage credits to the wages paid you as a member of
that service. The amount of the wage credits, the applicable time
periods, the wage credit amount limits, and the requirement of a minimum
period of active duty service for granting these wage credits, are
discussed in paragraphs (b), (c), and (d) of this section.
(b) Amount of wage credits. The amount of wage credits added is--
(1) $100 for each $300 in wages paid to you for your service in each
calender year after 1977; and
(2) $300 for each calendar quarter in 1957 through 1977, regardless
of the amount of wages actually paid you during that quarter for your
service.
(c) Limits on wage credits. The amount of these wage credits cannot
exceed--
(1) $1200 for any calendar year, or
(2) An amount which when added to other earnings causes the total
earnings for the year to exceed the annual earnings limitation explained
in Secs. 404.1047 and 404.1096(b).
(d) Minimum active-duty service requirement. (1) If you enlisted for
the first time in a regular component of the Armed Forces on or after
September 8, 1980, you must complete the shorter of 24 months of
continuous active duty or the full period that you were called to active
duty to receive these wage credits, unless:
(i) You are discharged or released from active duty for the
convenience of the government in accordance with section 1171 of title
10 U.S.C. or because of hardship as specified in section 1173 of title
10 U.S.C.;
(ii) You are discharged or released from active duty for a
disability incurred or aggravated in line of duty;
(iii) You are entitled to compensation for service-connected
disability or death under chapter 11 of title 38 U.S.C.;
(iv) You die during your period of enlistment; or
(v) You were discharged prior to October 14, 1982, and your
discharge was--
(A) Under chapter 61 of title 10 U.S.C.; or
(B) Because of a disability which resulted from an injury or disease
incurred in or aggravated during your enlistment which was not the
result of your intentional misconduct and did not occur during a period
of unauthorized absence.
(2) If you entered on active duty as a member of the uniformed
services as defined in Sec. 404.1330 on or after October 14, 1982,
having neither previously completed a period of 24 months' active duty
nor been discharged or released from this period of active duty under
section 1171, title 10 U.S.C. (i.e., convenience of the government), you
must complete the shorter of 24 months of continuous active duty or the
full period you were called or ordered to active duty to receive these
wage credits, unless:
(i) You are discharged or released from active duty for the
convenience of the government in accordance with section 1171 of title
10 U.S.C. or because of hardship as specified in section 1173 of title
10 U.S.C.;
(ii) You are discharged or released from active duty for a
disability incurred or aggravated in line of duty;
(iii) You are entitled to compensation for service-connected
disability or death under chapter 11 of title 38 U.S.C.; or
(iv) You die during your period of active service.
[45 FR 16464, Mar. 14, 1980, as amended at 52 FR 29663, Aug. 11, 1987]
[[Page 302]]
Sec. 404.1342 Limits on granting World War II and post-World War II wage credits.
(a) You get wage credits for World War II or post-World War II
active service only if the use of the wage credits results in
entitlement to a monthly benefit, a higher monthly benefit, or a lump-
sum death payment.
(b) You may get wage credits for active service in July 1947 for
either the World War II period or the post-World War II period but not
for both. If your active service is before and on or after July 25,
1947, we add the $160 wage credit to the period which is most
advantageous to you.
(c) You do not get wage credits for the World War II period if
another Federal benefit (other than one payable by the Veterans
Administration) is determined by a Federal agency or an instrumentality
owned entirely by the United States to be payable to you, even though
the Federal benefit is not actually paid or is paid and then terminated,
based in part on your active service during the World War II period
except as explained in Sec. 404.1343.
(d) You do not get wage credits for the post-World War II period if
another Federal benefit (other than one payable by the Veterans
Administration) is determined by a Federal agency or an instrumentality
owned entirely by the United States to be payable to you, even though
the Federal benefit is not actually paid or is paid and then terminated,
based in part on your active service during the post-World War II period
except as explained in Sec. 404.1343.
Sec. 404.1343 When the limits on granting World War II and post-World War II wage credits do not apply.
The limits on granting wage credits described in Sec. 404.1342 (c)
and (d) do not apply--
(a) If the wage credits are used solely to meet the insured status
and quarters of coverage requirements for a period of disability as
described in Secs. 404.132 and 404.133;
(b) If you are the surviving spouse or child of a veteran of the
World War II period or post-World War II period and you are entitled
under the Civil Service Retirement Act of 1930 to a survivor's annuity
based on the veteran's active service and--
(1) You give up your right to receive the survivor's annuity;
(2) A benefit under the Civil Service Retirement Act of 1930 based
on the veteran's active service was not payable to the veteran; and
(3) Another Federal benefit is not payable to the veteran or his or
her survivors except as described in paragraph (c) of this section; or
(c) For the years 1951 through 1956, if another Federal benefit is
payable by the Army, Navy, Air Force, Marine Corps, Coast Guard, Coast
and Geodetic Survey, or the Public Health Service based on post-World
War II active service but only if the veteran was also paid wages as a
member of a uniformed service after 1956.
[45 FR 16464, Mar. 14, 1980, as amended at 49 FR 24118, June 12, 1984]
Deemed Insured Status for World II Veterans
Sec. 404.1350 Deemed insured status.
(a) When deemed insured status applies. If you are the survivor of a
World War II veteran, we consider the veteran to have died fully insured
as discussed in Sec. 404.111 and we include wage credits in determining
your monthly benefit or lump-sum death payment if--
(1) The veteran was separated from active service of the United
States before July 27, 1951; and
(2) The veteran died within 3 years after separation from active
service and before July 27, 1954.
(b) Amount of credit given for deemed insured World War II veterans.
(1) When we compute a survivor's benefit or lump-sum death payment, we
give credit for--
(i) $200 (for increment year purposes) for each calendar year in
which the veteran had at least 30 days of active service beginning
September 16, 1940, through 1950; and
(ii) An average monthly wage of $160.
(2) If the World War II veteran was fully or currently insured
without the wage credits, we add increment years (years after 1936 and
prior to 1951 in which the veteran had at least $200 in creditable
earnings) to the increment years based on the veteran's wages.
[[Page 303]]
Sec. 404.1351 When deemed insured status does not apply.
As a survivor of a World War II veteran, you cannot get a monthly
benefit or lump-sum death payment based on the veteran's deemed insured
status as explained in Sec. 404.1350 if--
(a) Your monthly benefit or lump-sum death payment is larger without
using the wage credits;
(b) The Veterans Administration has determined that a pension or
compensation is payable to you based on the veteran's death;
(c) The veteran died while in the active service of the United
States;
(d) The veteran was first separated from active service after July
26, 1951;
(e) The veteran died after July 26, 1954; or
(f) The veteran's only service during the World War II period was by
enlistment in the Philippine Scouts as authorized by the Armed Forces
Voluntary Recruitment Act of 1945 (Pub. L. 190 of the 79th Congress).
Sec. 404.1352 Benefits and payments based on deemed insured status.
(a) Our determination. We determine your monthly benefit or lump-sum
death payment under the deemed insured status provisions in
Secs. 404.1350 and 404.1351 regardless of whether the Veterans
Administration has determined that any pension or compensation is
payable to you.
(b) Certification for payment. If we determine that you can be paid
a monthly benefit or lump-sum death payment, we certify these benefits
for payment. However, the amount of your monthly benefit or lump-sum
death payment may be changed if we are informed by the Veterans
Administration that a pension or compensation is payable because of the
veteran's death as explained in Sec. 404.1360.
(c) Payments not considered as pension or compensation. We do not
consider as pension or compensation--
(1) National Service Life Insurance payments;
(2) United States Government Life Insurance payments; or
(3) Burial allowance payments made by the Veterans Administration.
Effect of Other Benefits on Payment of Social Security Benefits and
Payments
Sec. 404.1360 Veterans Administration pension or compensation payable.
(a) Before we determine and certify payment. If we are informed by
the Veterans Administration that a pension or compensation is payable to
you before we determine and certify payment of benefits based on deemed
insured status, we compute your monthly benefit or lump-sum death
payment based on the death of the World War II veteran without using the
wage credits discussed in Sec. 404.1350.
(b) After we determine and certify payment. If we are informed by
the Veterans Administration that a pension or compensation is payable to
you after we determine and certify payment of benefits based on deemed
insured status, we--
(1) Stop payment of your benefits or recompute the amount of any
further benefits that can be paid to you; and
(2) Determine whether you were erroneously paid and the amount of
any erroneous payment.
Sec. 404.1361 Federal benefit payable other than by Veterans Administration.
(a) Before we determine and certify payment. If we are informed by
another Federal agency or instrumentality of the United States (other
than the Veterans Administration) that a Federal benefit is payable to
you by that agency or instrumentality based on the veteran's World War
II or post-World War II active service before we determine and certify
your monthly benefit or lump-sum death payment, we compute your monthly
benefit or lump-sum death payment without using the wage credits
discussed in Sec. 404.1340.
(b) After we determine and certify payment. If we are informed by
another Federal agency or instrumentality of the United States (other
than the Veterans Administration) that a Federal benefit is payable to
you by that agency or instrumentality based on the veteran's World War
II or post-World War II active service after we determine and certify
payment, we--
[[Page 304]]
(1) Stop payment of your benefits or recompute the amount of any
further benefits that can be paid to you; and
(2) Determine whether you were erroneously paid and the amount of
any erroneous payment.
Sec. 404.1362 Treatment of social security benefits or payments where Veterans Administration pension or compensation payable.
(a) Before we receive notice from the Veterans Administration. If we
certify your monthly benefit or a lump-sum death payment as determined
under the deemed insured status provisions in Sec. 404.1350 before we
receive notice from the Veterans Administration that a pension or
compensation is payable to you, our payments to you are erroneous only
to the extent that they exceed the amount of the accrued pension of
compensation payable.
(b) After we receive notice from the Veterans Administration. If we
certify your monthly benefit or lump-sum death payment as determined
under the deemed insured status provisions in Sec. 404.1350 after we
receive notice from the Veterans Administration that a pension or
compensation is payable to you, our payments to you are erroneous
whether or not they exceed the amount of the accrued pension or
compensation payable.
Sec. 404.1363 Treatment of social security benefits or payments where Federal benefit payable other than by Veterans Administration.
If we certify your monthly benefit or lump-sum death payment based
on World War II or post-World War II wage credits after we receive
notice from another Federal agency or instrumentality of the United
States (other than the Veterans Administration) that a Federal benefit
is payable to you by that agency or instrumentality based on the
veteran's World War II or post-World War II active service, our payments
to you are erroneous to the extent the payments are based on the World
War II or post-World War II wage credits. The payments are erroneous
beginning with the first month you are eligible for the Federal benefit.
Evidence of Active Service and Membership in a Uniformed Service
Sec. 404.1370 Evidence of active service and separation from active service.
(a) General. When you file an application for a monthly benefit or
lump-sum death payment based on the active service of a World War II or
post-World War II veteran, you must submit evidence of--
(1) Your entitlement as required by subpart H of this part or other
evidence that may be expressly required;
(2) The veteran's period in active service of the United States; and
(3) The veteran's type of separation from active service of the
United States.
(b) Evidence we accept. We accept as proof of a veteran's active
service and separation from active service--
(1) An original certificate of discharge, or an original certificate
of service, from the appropriate military service, from the United
States Public Health Service, or from the United States Coast and
Geodetic Survey;
(2) A certified copy of the original certificate of discharge or
service made by the State, county, city agency or department in which
the original certificate is recorded;
(3) A certification from the appropriate military service, United
States Public Health Service, or United States Coast and Geodetic Survey
showing the veteran's period of active service and type of separation;
(4) A certification from a local selective service board showing the
veteran's period of active service and type of separation; or
(5) Other evidence that proves the veteran's period of active
service and type of separation.
Sec. 404.1371 Evidence of membership in a uniformed service during the years 1957 through 1967.
(a) General. When you file an application for a monthly benefit or
lump-sum death payment based on the services of a member of a uniformed
service during the years 1957 through 1967, you should submit evidence
identifying the member's uniformed service and showing the period(s) he
or she was on active duty during those years.
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(b) Evidence we accept. The evidence we will accept includes any
official correspondence showing the member's status as an active service
member during the appropriate period, a certification of service by the
uniformed service, official earnings statements, copies of the member's
Form W-2, and military orders, for the appropriate period.