Page:United States Statutes at Large Volume 70.djvu/926

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[70 Stat. 870]
PUBLIC LAW 000—MMMM. DD, 1956
[70 Stat. 870]

870

Ante, p. 858.

PUBLIC LAW 881-AUG. 1, 1966

[70 S T A T.

individual's remuneration for such service only his basic pay as described in section 102 (10) of the Servicemen's and Veterans' Survivor Benefits Act." DEFINITION OF EMPLOYMENT

42 USC 410.

SEC. 402. (a) Section 210 of the Social Security Act is amended by adding at the end thereof the following new subsections: "Service in the Uniformed Services

Post. p. 876. Post, p. 876.

" (m)(1) Except as provided in paragraph (4), the term 'employment' shall, notwithstanding the provisions of subsection (a) of this section, include service performed after December 1956 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. "(2) The term 'active duty' means 'active duty' as described in section 102 of the Servicemen's and Veterans' Survivor Benefits Act, except that it shall also include 'active duty for training' as described in such section. "(3) The term 'inactive duty training' means 'inactive duty training' as described in such section 102. "(4)(A) Paragraph (1) of this subsection shall not apply in the case of any service, performed by an individual as a member of a uniformed service, which is creditable under section 4 of the Railroad Retirement Act of 1937. The Railroad Retirement Board shall notify the Secretary of Health, Education, and Welfare, as provided in section 4(p)(2) of that Act, with respect to all such service which is so creditable. " (B) In any case where benefits under this title are already payable on the basis of such individual's wages and self-employment income at the time such notification (with respect to such individual) is received by the Secretary, the Secretary shall certify no further benefits for payment under this title on the basis of such individual's wages and self-employment income, or shall recompute the amount of any further benefits payable on the basis of such wages and self-employment income, as may be required as a consequence of subparagraph (A) of this paragraph. No payment of a benefit to any person on the basis of such individual's wages and self-employment income, certified by the Secretary prior to the end of the month in which he receives such notification from the Railroad Retirement Board, shall be deemed by reason of this subparagraph to have been an erroneous payment or a payment to which such person was not entitled. The Secretary shall, as soon as possible after the receipt of such notification from the Railroad Retirement Board, advise such Board whether or not any such benefit will be reduced or terminated by reason of subparagraph (A), and if any such benefit will be so deduced or terminated, specify the first month with respect to which such reduction or termination will be effective. "Member of a Uniformed Service

Ante, p. 858.

" (n) The term 'member of a uniformed service' means any person appointed, enlisted, or inducted in a component of the Army, Navy, Air Force, Marine Corps, or Coast Guard (including a reserve component of a uniformed service as defined in section 102(3) of the Scrvicemeu's and Veterans' Survivor Benefits Act), or in one of those services without specification of component, or as a commissioned officer of the Coast and Geodetic Survey or the Regular or Reserve Corps of the Public Health Service, and any person serving in the