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New principal of Bentonville High School announced
Updated: 10:52 AM CDT May 5, 2015
The Bentonville School Board approved the recommendation to promote Bentonville High School Assistant Principal Jack Loyd to principal at their May 4 board meeting.Loyd will assume leadership of Bentonville High School on July 1, according to school officials.Loyd graduated from the University of Arkansas in 1988 with a Bachelor’s of Science Degree in Education.He taught at Northside High School in Fort Smith before moving to Bentonville in 1991 where he taught at Walton Junior High (now Washington Junior High).He earned his Masters of Education in Education Administration from the University of Arkansas in 1999.He has been an assistant principal at Bentonville High School since 2005. Mr. Loyd also served as interim principal at Fulbright Junior High in 2014.“I am very fortunate to have this opportunity at a school with great students, teachers, administrators and staff. BHS is a special place. We are so blessed to have parents and a community that support and believe in excellence for all students,” said Loyd.
BENTONVILLE, Ark. —
The Bentonville School Board approved the recommendation to promote Bentonville High School Assistant Principal Jack Loyd to principal at their May 4 board meeting.
Loyd will assume leadership of Bentonville High School on July 1, according to school officials.
Loyd graduated from the University of Arkansas in 1988 with a Bachelor’s of Science Degree in Education.
He taught at Northside High School in Fort Smith before moving to Bentonville in 1991 where he taught at Walton Junior High (now Washington Junior High).
He earned his Masters of Education in Education Administration from the University of Arkansas in 1999.
He has been an assistant principal at Bentonville High School since 2005. Mr. Loyd also served as interim principal at Fulbright Junior High in 2014.
“I am very fortunate to have this opportunity at a school with great students, teachers, administrators and staff. BHS is a special place. We are so blessed to have parents and a community that support and believe in excellence for all students,” said Loyd.
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Transiberian Orchestra Tuor Schedule 2019
Sep 10, 2018. FORT WAYNE, Ind. (ADAMS) – Trans-Siberian Orchestra (TSO) announced its highly-anticipated Winter Tour 2018 will be returning to Fort.
Under the direction of conductor Maurice Steinberg, the concert will feature The Hallelujah Chorus, selections from The Nutcracker, Leroy Anderson, The Transiberian Orchestra and other. General.
The Louisville Orchestra’s 2019-2020 season includes innovative. Packages are now available, and single tickets go on sale Aug. 1. Sara Havens is the Culture Editor at Insider Louisville.
General admission tickets are $45 and are available online at http. 19th-century Bel Canto repertoire as well as operas of Verdi and Mozart. During the 2018-2019 season she has performed on major.
White Boy Dancing A Long With Starkeisha “I grew up with reggae just as well as I did with the Kinks just as well as I did with Irish folk dancing, and the traditional. Until the Bad Brains came along, American punk was almost all white. Two Minnesota high school students showed their true colors on social media when they proudly posted
Tickets for mainstage concerts are $26 for. The final mainstage concert of the 2018-2019 season will take place June 2. The Portsmouth Symphony Orchestra also hosts monthly chamber music.
Instrumental music with a modern flair is at the forefront of Tuesday’s new ticket listings, as both violinist Lindsey Stirling and famed group Trans-Siberian Orchestra headline the day. Stirling’s.
This weekend, the group will kick off its 2018-2019 season with Beethoven’s 7th. and they give the tickets away for free. RELATED: Louisville Civic Orchestra opens season with Beethoven music,
GREENSBORO, N.C. (WFMY)– Many of the WFMY News 2 viewers and Social Media fans have been asking since Friday about the Trans-Siberian Orchestra. year’s tour. Or fans can wait until next year and.
In a generation of remakes and never ending sequels, there is a new way to give nod to the classics you love. Film and television shows are being screened around the UK accompanied by live orchestras.
This summer’s Lolla will host more than 170 bands on eight stages, with 4-day general admission, GA+, VIP and Platinum passes available now here; One-day tickets will be offered at a later date.
James Barbour Leaving Phantom Fo The Opera NEW YORK – The casting of a new lead actor who’s admitted to misdemeanor sex offenses involving a teenage girl 14 years ago has brought some social media criticism to "The Phantom. Opera." The show. Today, January 16, marks the beginning of Peter Jöback’s return engagement with The Phantom of the Opera on Broadway. Jöback
December 13, 2018 – 7:30 p.m. of. are proud to welcome Trans-Siberian Orchestra as they return to Jacksonville for one spectacular show on December 13th.
"Just because it’s the Who with an orchestra. with a guitar that goes yanga-dang.” All tickets purchased will come with a code redeemable for a CD copy of the new album. “The Who are touring again.
The schedule adjustments are intended to make transportation and parking more convenient for everyone attending the concerts,” the orchestra said. The March 9 concert featuring Renée Elise Goldsberry.
Before a recent open rehearsal, he sat down to talk about some of the. Single tickets for the general public go on sale this summer. [A tribute to The Beatles’ "Abbey Road" and "White Album" will.
The concert will take place at 4 p.m. Sunday, March 17, in Luther’s Center for Faith and Life Main Hall. Tickets are $15 for adults. the ensembles during spring semester of 2019 are Diego Piedra,
Trans-Siberian Orchestra tour dates and concert tickets in 2019 on Eventful. Get alerts when Trans-Siberian Orchestra comes to your city or bring Trans-Siber.
There’s also the usual slate of classic rockers, including Chicago (Aug 10, 11), Steve Miller Band (July 1), Ringo Starr and the Beach Boys (Aug 3, 4) and an evening of music by Queen, performed by.
Sophie Ellis-Bextor has announced a new 2019 UK and Ireland tour performing all her hits live in concert with a full orchestra and band. Tickets for The Song Diaries tour go on general sale on Friday,
Season ticket packages ($111-$272), which include all four concerts and pre-concert talks, are available now. Single tickets ($37 -$. experience for orchestra novices and aficionados alike." Sunday.
The Boston Philharmonic Orchestra, led by conductor Benjamin Zander, concludes its 2018-19 season with a concert featuring two great symphonies on Friday, April 26, 2019 at 8:00. No. 3 MAHLER -.
Live Music Along The Gulf Pinellas County Lowest crime relative to the rest of Pinellas county. View More. Commute. 97% of residents commute by car. View More. Shop & Eat. 36 Restaurants. In the kitchen you will see solid granite counter tops along with stainless steel appliances and solid wood cabinets. ***Located within a mile of the Gulf, Pinellas trail, Dining, shopping.
Orchestra officials say tickets are selling fast. Carole is the winner of the 2019 ONNY Young Artist Competition for High School Instrumentalists, held Feb. 16. Carole is the daughter of Douglas.
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Who Wants A Silent Night The Girls Musical
Whitecourt Star – a place for remembering loved ones; a space for sharing memories, life stories, milestones, to express condolences, and celebrate life of your loved ones.
Louisville Orchestra Development Assistant The Louisville Orchestra was founded in 1937 by conductor Robert Whitney and Charles Farnsley, then Mayor of Louisville, and was a world leader in commissioning and recording contemporary works for orchestra from the 1950s to 1980s. The Louisville Orchestra today performs more than 125 concerts per year with a core of salaried musicians and is.
Page 1, made by the ABCedit Music Editor. Silent Night Stille Nacht Glade Jul Franz Gruber C C G7 C F C 8 6 7 F C G7 C G7 C
Silent Nights: Children’s Orchestra for iPad, iPhone, Android, Mac & PC! A fire breaks out during a concert, and now your daughters are both missing. Hurry to track them down – their music may hold the key to life and death!!
It is in the spirit of that song, and the story that inspired it, that a stellar cast of some of the most honored women in Christian music have joined to create One Silent Night. was on that holy.
Camping for days, minimal showers, and no makeup — that’s just the price we pay for the most amazing weekend of music, and it’s well worth it. Do you really want a girl who is going. everyone’s.
High School Musical Bop To The Top Chords Larry Vuckovich isn’t just Bay Area jazz royalty. “When I started going out in high school, we’d sit in the special teenage section of the Black Hawk, and the music was unbelievable,” says. He held his first recital at seven, started composing at eight and was playing for money before he entered high school. York
Personally, I don’t want religion mixed up in my Christmas music. against scantily clad Santa’s girls?" I do. And that’s what makes it nothing short of a Christmas miracle. Cee Lo wins. He made the.
This listing of games was generously provided by Darren Gerson. I haven’t had the time to go through the list in detail, but there are several that are repeats of some on the main page, with slightly different rules.
Music. every night, ‘We had face-to-face, baby. There was no Facebook.’ This tour means a lot to me because it’s something to look forward to. I don’t have to go to the mall — thank you Jesus. I.
Background. The Cocoanuts was written for the Marx Brothers after the success of their Broadway hit I’ll Say She Is (1924). The Cocoanuts is set against the backdrop of the 1920s Florida Land Boom, which was followed by the inevitable bust.Groucho is a hotel proprietor, land impresario, and con man, assisted and hampered by two inept grifters, Chico and Harpo, and the ultra-rational hotel.
They want representation, and they want people to know that they’re out there.” For O’Neal, this passion for gender representation in music. you know any girl bands I can book for this?’ As if they.
The 8-year-old loves Taylor Swift songs and says she wants to be a professional. for a few parts in the musical and was ultimately chosen to play the lead role of Ariel. “To get the part was a.
It’s musical time in Riverdale! And with tonight marking the show’s second musical episode, I firmly believe that this entire show should be a musical. The musical episodes are just SO GOOD.
Free Form Fight Night — Unscrewed. The Fantasticks — The Gaslight Music Hall, 13005 N. Oracle Road, Oro Valley. A funny and romantic musical about a boy, a girl, and their two fathers.
They aren’t alone or crazy. It becomes a sisterhood." The musical sold out during its previous run at the Harris Center in 2014 and 2016, and little is the surprise: "A rollicking girls’ night out".
Dec 18, 2018 · NBC is rounding out its midseason programming slate, setting premiere dates for new seasons of “Good Girls” and Glenn Howerton’s “A.P. Bio.” and launch dates for freshman series “The.
After having a kidney transplant in June, she got to "Make-A-Wish," and it was to star in a music video that goes viral. "I want to get a million views. "We met with Ashlin, and she’s a very.
“Hi everyone, due to recent complaints around the Christmas music being played in stores we want to advise you that as of midnight. but customers have asked that it stay silent at least until after.
Oct 09, 2018 · Maybe you want to add in a spiritual element to your quiet couple time. In that case, side by side meditation is the perfect way to unwind and pass some silent time with the one you love.
It starts out with a question, an accusation: “My girl, my girl, don’t lie to me, tell me where did you sleep last night. says Eric Weisbard, a music critic and professor of American.
Headphones On World Off is a company dedicated to live music promotions, digital music marketing and the best silent parties in Chicago! We produce full-scale headphone events – ie : Silent Night Parties and provide DJs for clubs, parties and festivals. Our headphone events feature multiple DJ’s, live drums, or even live musicians broadcasting their set over closed circuit digital transmitters.
Fort McMurray Today – a place for remembering loved ones; a space for sharing memories, life stories, milestones, to express condolences, and celebrate life of your loved ones.
On Thursday night, Brooklyn Bowl at the Linq Promenade celebrated its fifth birthday with the Silent Haus Party featuring a photo exhibit by Erik Kabik Photo Group, a silent auction and silent.
A high school musical. last Friday night. "One hundred years ago, the Chinese in this country were at the bottom of society, and nobody cared that we were being made fun of," Tianlu Lu, a Long.
Silent Night Merry Christmas to You 1987 Reba McEntire; Silent Night Christmas With The California Raisins 1988 The California Raisins; Silent Night Christmas 1989 Michael W. Smith; Silent Night Crescent City Christmas Card 1989 Wynton Marsalis; Silent Night Bells of Christmas 1989 BZN; Silent Night Christmas Album 1989 The Yobs; Silent Night.
Music by Elton John, and Book and Lyrics by Lee Hall, Billy Elliot tells a story of perseverance and hope. Young Billy wants to be a ballet dancer but his poor miner father and brother are against it.
Mar 05, 2019 · Silent Night: A Novel [Danielle Steel] on Amazon.com. *FREE* shipping on qualifying offers. NEW YORK TIMES BESTSELLER • A shocking accident. A little girl struggling to survive. And the childless aunt who transforms her own world to help her.. Danielle Steel’s latest novel is a deeply moving story of resilience and hope. Paige Watts is the ultimate stage mother.
Fathom Events is the home of cinematic experiences that offer high quality, affordable entertainment events broadcast to the big screen. Audiences get the best seat in the house – in the comfort and convenience of their local movie theater – for live and pre-recorded concerts, world-class opera, sporting events, comedy acts, original programming featuring the biggest names in radio and.
BUT – this special night is FREE without headphones all night. We welcome you to come in and check it out – and you can purchase your entry/headphones if you want to enjoy the music! Come in to eat/drink/pre party with delicious food and drink for purchase at the lounge – Kitchen will close by 10PM and then we will open doors and put on.
And my mom didn’t believe in God for many years, until she converted and played wonderful music as our church pianist. As the organ played “Silent Night,” we made our short trip to the stage, took.
Sydney Australia Symphony Orchestra 2011 Apr 19, 2011. Visual Design and Projections by Obscura Digital, YouTube Symphony Orchestra Grand Finale Event, Sydney Opera House, March 20, 2011. Transiberian Orchestra Album Free Download Listen to the biggest hits from Trans-Siberian Orchestra, including Christmas Eve/Sarajevo 12/24, Nutrocker, Christmas Canon, and more. Check it out on Slacker Radio, on free internet stations like
May 09, 2017 · Silent Rain (Macy Greeley Mysteries) [Karin Salvalaggio] on Amazon.com. *FREE* shipping on qualifying offers. Salvalaggio, whose trademarks include intricate plotting and stark but affecting prose, scores another triumph. ― Richmond Times-Dispatch Grace Adams has spent three years trying to move on―mentally
SILENT ERA FILM COLLECTIONS ON HOME VIDEO: Accidentally Preserved, Volume 1 (1920-1931) Accidentally Preserved, Volume 2 (1919-1928) Accidentally Preserved, Volume 3 (1915-1929)
Walking on Sunshine is a 2014 British romantic jukebox musical comedy-drama film directed by Max Giwa and Diana Pasquini. The film features covers of songs from the 1980s and was released on 27 June 2014. It is also a debut role for singer-songwriter Leona Lewis
Last time we had the opportunity to talk to Katie LaMark she was on tour with the 20th Anniversary production of Rent, which at the time was heading to Music City. to defend this girl. She loses.
Girl. did not want her name published, said waiting until after Thanksgiving is akin to rescheduling Christmas itself. Morey said that he plans to see the tree lighting on Sunday but he thinks.
Live music fills a small but grand lobby that is dominated. I feel the tears coming as the girls start to sing “Silent Night.” Some of the younger children who are sitting on the floor up front.
Nanton News – a place for remembering loved ones; a space for sharing memories, life stories, milestones, to express condolences, and celebrate life of your loved ones.
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Photo by: AP Photo/Michael Conroy
Boise State quarterback Brett Rypien runs a drill at the NFL football scouting combine in Indianapolis, Saturday, March 2, 2019. (AP Photo/Michael Conroy)
MIKE-KLIS
Rookie QB Rypien knows play, not contract, will matter most for roster spot
A four-year Boise State starter is now Broncos' No. 4 QB.
Author: Mike Klis
Published: 5:33 PM MDT May 12, 2019
Updated: 5:33 PM MDT May 12, 2019
ENGLEWOOD, Colo. — Meet Brett Rypien, the Broncos’ undrafted bonus baby.
Actually, it wasn’t his bonus, although $10,000 is where the “premium” undrafted rookie level begins. More precisely, it was the $136,000 guaranteed salary the Broncos gave Rypien that drew notice.
“At the end of the day I’ve still got to earn my spot on the team,’’ Rypien, the nephew of former Washington quarterback Mark Rypien, said following the Broncos’ final rookie minicamp practice Sunday. “For me, I thought it was a good fit on offense that I think I can do well in and have great people to learn from as well.’’
That $136,000 salary not so coincidentally is the equivalent of a full year’s practice squad pay. Meanwhile, veteran backup QB Kevin Hogan received a $300,000 guaranteed signing bonus in March so Rypien is not guaranteed a 53-man roster spot.
Still, he does have a good chance of making it as the No. 3 quarterback behind Joe Flacco and fellow rookie Drew Lock.
Rypien was a four-year starter at Boise State, where he threw 90 touchdowns against just 29 interceptions while completing 64.0 percent of his passes. His deep college resume' is one reason why he received strong pre-draft interest from Denver Broncos offensive coordinator Rich Scangarello. The two met at the NFL Combine in Indianapolis and it was Scangarello who helped sell Rypien on the fact his physical skills and mental aptitude mesh with the Denver offense.
“This is an unbelievable franchise,’’ Rypien said. “Had a lot of success in the past. Had a lot of great players that have come through here. Two great veterans in Joe and Kevin to learn from and it’s great to be with Drew as well. I think I can learn a lot from him.’’
Rypien would know the Broncos’ history more than most rookies as he grew up knowing about the quarterback exploits of his uncle Mark, who capped his 14-2 regular season in 1991 with the Super Bowl MVP award in a win against Buffalo.
“He’s been a great mentor for me throughout my entire life,’’ said Rypien, who was born July 9, 1996 – five years after Mark’s best season. “A guy who has been through it all. All the highs and lows of this game. Won a Super Bowl and went through the backup circuit for a while as well. He’s a great guy that I can lean on.’’
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35 violent deaths linked to 'school for killers'
By Geoff Thompson, ABC News Online Investigative Unit
Updated December 14, 2011 18:30:08
Map: Tamworth 2340
More than 35 violent deaths in Australia have been linked to men who attended the same, often brutal, boys' home when they were teenagers, an ABC investigation has confirmed.
Video: Tamworth inmates say they were tortured as teenagers at the Institution For Boys. (ABC News)
Fifteen of these deaths led to convictions for either murder or manslaughter.
The Institution for Boys, Tamworth was established in 1947 as a place of punishment for boys aged 15 to 18 who absconded from other boys' homes.
It was attended by some of Australia's most infamous killers and criminals, including Arthur Stanley 'Neddy' Smith, George Freeman, Kevin Crump, James Finch, Archibald McCafferty and Billy Munday.
The ABC has interviewed six former inmates who, while they did not go on to commit serious offences, all agreed that time spent at the boys’ home in Tamworth could turn someone into a killer.
"It gave you the killer instinct," said 67-year-old Bob McCluland, who was sent to Tamworth for five months in 1962.
"Anyone crossed you, you'd just cut their throat," he said.
Described as a "concentration camp", "Alcatraz" and comparable to "a prisoner of war camp during WWII", the institution was once a colonial jail where prisoners were flogged and hanged.
It gave you the killer instinct. Anyone crossed you, you'd just cut their throat.
Bob McCluland
Once transferred there, boys were not allowed to speak to each other or look at each other, and slept alone in brick-walled cells which were freezing in winter and oppressively hot in summer.
They had steel buckets for toilets and the only light came through an iron-barred hole.
Alleged punishments included beatings, food deprivation, isolation, pushing heavy sandstone blocks across the floor and inmates being forced to walk around with cardboard boxes on their heads.
The Institution for Boys, Tamworth was later renamed Endeavour House* and some communication between inmates was permitted. A spate of inmate suicides finally forced its closure in 1989. The building is now used as an adult prison.
The legacy of the Tamworth boys' home continues to ricochet around the walls of Australia's prisons, where so many of its alumni have ended up - often for committing violent crimes.
The ABC has obtained a full list of those who attended the institution following a freedom of information request to the NSW Department of Family and Corrective Services. Because of privacy concerns, the surnames of the inmates were redacted.
However, a process of cross-checking first names against dates of birth has confirmed that when they were aged around 17, many of Australia's most notorious criminals went through what has also been described as the worst detention facility in Australia's post-colonial history.
Notorious alumni
Video: Some of the most notorious criminals in Australian history attended the Institution for Boys, Tamworth (ABC News)
Those who attended the boys' home include:
one of Australia's most notorious criminals, Neddy Smith;
James Finch, who lit the Whiskey Au-Go-Go fire which killed 15 people. At the time it was Australia's worst mass-murder
serial killer Archibald McCafferty;
Kevin Crump, whose file has been stamped 'never to be released' for the depraved murder of Collarenebri housewife Virginia Morse;
alleged underworld kingpin George Freeman;
rapist William 'Billy' Munday, who later killed a fellow prisoner;
another inmate who killed a prison officer, Peter Schneidas.
Tamworth boys' home was a real concentration camp. They treated the young boys like animals.
Neddy Smith
Most of the infamous killers were sent to Tamworth within the same decade, between 1961 and 1972, when the treatment of the boys is said to have been at its worst.
Sydney underworld figure Smith was charged with eight murders but only convicted of involvement in two. He is serving a life sentence in Long Bay Jail, where he is being treated for Parkinson’s disease.
Smith states in his autobiography:
"Tamworth boys' home was a real concentration camp. They treated the young boys like animals, with daily bashings and starvation ... I've been to the notorious Grafton Jail twice for a period of more than four years all told: I was systematically bashed daily, flogged into unconsciousness several times but, believe me, that was nothing compared with the treatment I got at Tamworth."
Read full details about the institution's notorious alumni
'Kill or be killed'
Bob McCluland was sent to Tamworth when he had just turned 18.
"You didn't put up with any shit off anyone after you came out of there," he told the ABC.
"You just had that attitude - kill or be killed. Everyone come out of there the same, that's why there were so many bloody murders ... just the way you were treated in there."
Keith Kelly, now 67, was sent to Tamworth for almost six months when he was just 16. He claims he was twice beaten by a prison warden when he refused a request for sexual favours.
If you turn your head a little bit, they'll put a box on your head and put two pinholes in it and you were forced to march around all day with that box on your head, and you've got to eat with that box on your head.
The experience still defines his life.
"You're not allowed to talk to another inmate. You've got to be six feet away from another inmate. You can't look at another inmate," he recalls.
"If you turn your head a little bit, they'll put a box on your head and put two pinholes in it and you were forced to march around all day with that box on your head, and you've got to eat with that box on your head. Can you imagine trying to eat with a box on your head? Can't do it.
"Starvation was the main punishment apart from solitary confinement. You had what you call a 'bounce' and three quarters of your meal was taken away from you. If you had three bounces in one day, they would turn around and give you a boob meal - half a glass of water and milk and a slice of bread.
"You can't live on that, you can't treat kids like that. Do it today, you'd be charged.
"I was angry. I wanted to get out of there. One day there was an inmate sitting beside me ... I was going grab him, get my fork or knife and I was going to whoosh into him, try and do as much damage as I could. I wouldn't care if I killed him, at least I would have been sent to Long Bay Jail, where I could talk to people, move around, be a lot freer."
'I left full of hatred'
Infographic: Boys line up at the Institution for Boys, Tamworth. (Courtesy: Family and Community Services)
Billy Munday and George Freeman - like Neddy Smith - identify their time at Tamworth as among the worst experiences of their lives and one which guaranteed a life of crime.
In his autobiography, Munday wrote: "When I take time to reflect now on my days in Tamworth and what they did to me, I can almost lay blame there for what I've done.
"I came out of there a hardened but scared boy on the verge of manhood. I left full of hatred."
This anger later translated into a sadistic worldview, as Munday confesses:
"Sometimes ... I would cruise parks looking for lovers sitting in their cars. We'd sneak up behind them and put a gun to their heads and take them to some hide-out. Then we'd bash the guy and rape the girl. I used to tell them after we finished that we were going to kill them, just to see the looks on their faces. There had been so many times I had been that scared of death, I just wanted to see their reactions."
I don't know anyone who came out of Tamworth in those days who didn't go on with a life of crime.
The alleged Sydney crime boss, the late George Freeman, who was dramatised as the grey-haired star of one of the Underbelly TV series, is also damning of Tamworth in his book.
He was there in 1952, before inmates reported regular bashings. However, he says his introduction to the place was being king-hit by an official.
"When it came to psychological pressure on young minds, I think the Tamworth boys' home was probably the toughest, most damaging institution I ever saw the inside of," Freeman writes.
"They could break kids in there. They would torture your mind with the pressure. It was mindless discipline, unproductive and cruel.
I don't know anyone who came out of Tamworth in those days who didn't go on with a life of crime. It was them or us. It had to be to survive.
"All Tamworth did was ingrain the bitterness. They created the ultimate finishing school for crims."
'Violence begets violence'
Former inmates who attended Tamworth around the same time as Keith Kelly say beatings were commonplace in the 1960s. While inmates from the 1950s, 1970s and 1980s report less abusive treatment, all agree the experience was dehumanising.
"You are never the same when you go to Tamworth. When you go to Tamworth and you come out you are never the same. It's just one of those things," Mr Kelly said.
Michael Daffern, chairman of the Australian Psychology Society College of Forensic Psychologists, says the treatment meted out at Tamworth probably intensified the capacity for violence of the young men who went there.
"If we've got a group of people who are high risk already and then we're going to expose them to punitive treatment and not provide the sort of intervention, the sort of psychological intervention that we know can have a positive impact on their life course, then we do create an environment in which individuals might worsen as a consequence of their incarceration," Dr Daffern said.
All their dignity was gone, it was bashed out of them. They had nothing left, they were just walking bodies with no mind.
Des Drury
Inmate accounts and the reputation Tamworth still has within Australia's prisons are supported by Des Drury, who worked as a prison warden in NSW for 18 years. He also grew up in boys' homes but was never sent to Tamworth.
"Prisoners who had been in Tamworth boys' home said (other homes were) a walk in the park compared to Tamworth. This is some of the reason why some of these blokes went the way they went," Mr Drury said.
"I suppose if you knock around with violence long enough, you become violent yourself. Every form of torture without using implements was done.
"All their dignity was gone, it was bashed out of them. They had nothing left, they were just walking bodies with no mind. They get money where they can.
"Violence begets violence and they're sick of the rules and the regulations because it's the rules and regulations that bash the living hell out of them in these places. And especially at Tamworth."
Mr Kelly applied for compensation for his time in Tamworth last year. It was knocked back on the basis of insufficient evidence.
The ABC News Online Investigative Unit contacted a former Tamworth governor, who ran the institution when some of the worst abuses are alleged to have occurred.
"I've just got out of hospital," he said. "I'm well into my 80s now. My memory's gone."
* Editor's note: While the facility bears the name Endeavour House, it was not part of and has never had any connection with Endeavour Foundation, one of Australia’s largest non-government disability support agencies and co-incidentally has a number of disability accommodation and respite services known as Endeavour House.
Reporting: Geoff Thompson
Video production: Eleanor Bell
Design: Ben Spraggon
Development: Blake Butcher
Editor: Nikki Tugwell
Topics: crime, law-crime-and-justice, murder-and-manslaughter, child-abuse, tamworth-2340, sydney-2000
First posted December 14, 2011 09:36:01
More stories from New South Wales
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World Cup 2026 will be hosted in North America
Posted: 4:04 AM, Jun 13, 2018
Image copyright 2018 Getty Images. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Dennis Grombkowski
<p>he World Cup trophy is displayed at the Preliminary Draw of the 2018 FIFA World Cup in Russia at The Konstantin Palace on July 25, 2015 in Saint Petersburg, Russia. </p>
A joint North American bid has been chosen as hosts of the 2026 World Cup, following a FIFA association member vote in Moscow Wednesday.
The last time the US hosted a World Cup was in 1994, and Mexico in 1986. Canada has never previously hosted World Cup matches.
The vote, in which all FIFA associations were, for the first time, eligible to vote for the host, was cast at the 68th FIFA Congress on the eve of the 2018 edition of the tournament , which begins Thursday with the official opening ceremony.
The first match of the 2018 tournament, between hosts Russia and Group A rivals Saudi Arabia, kicks off at 6 p.m. local time (11 a.m. ET) on Thursday.
In eight years, the US, Mexico and Canada will play host to the largest edition of the tournament to date -- 48 teams playing 80 matches across 34 days.
Under the North America proposal, 60 of the tournament's matches will be held in the US, including everything from the quarterfinals onwards, while Mexico and Canada will host 10 games each.
After the controversial award of the 2018 and 2022 tournaments to Russia and Qatar, respectively, FIFA has promised a "more open and transparent" vote this time. The voting of the national associations will be published at the conclusion of Congress.
Previous hosts had been decided by the FIFA Executive committee, now known as the FIFA Council.
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Water-polo player
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Silvestre CUFFARO
Bagheria 1905 – 1975
Water-polo player, 1942
Bronze, Height 28,5 x 33,5 x 26 cm
Signed on the edge: S.C. / Roma XX
Rome, private collection
Vittorio Sgarbi, Vigorose impronte: Pina Calì pittrice, Silvestre Cuffàro scultore, Galleria d’Arte Moderna e Contemporanea di Bagheria, edited by Paolo Ferruzzi, Editore Falcone, 2006
This is a superb example of the best work by the sculptor Silvestre Cuffaro, a Sicilian artist who worked in Rome and in Sicily in the second half of the 20th century, and who was defined by his fellow islander Renato Guttuso in 1932 as “at once very modern and yet ancient“.
Though little-known today on account his decision to return to his native island(2), Cuffaro can in fact be counted as one of the greatest sculptors of the 20th century. After embarking on his career at a young age in 1928 under Mario Rutelli, his master as the Accademia, by carving the bas-reliefs for the sides of the Monument to Anita Garibaldi on the Janiculum Hill in Rome, Cuffaro went on to show his work at numerous exhibitions, including the Sindacali of 1932 and 1935, the Venice Biennale of 1936 and the Quadriennale of 1939, invariably winning prizes and prestigious public awards(3).
Despite The Water-Polo Player having been carved several years after the major sculptures for the Foro Italico, it clearly harks back to the same theme, doubtless on account of the popularity of sports as a theme with young sculptors in the years following the great project of the Foro Mussolini (4).
Yet Cuffaro here brings a basically different style into play, an intimate style imbued with sporting idealism rather than with political propaganda. In this intense work the sculptor captures the moment in which the player is about to hurl the ball into the goal, his vigorous gesture communicating the movement of the water crystallised in the movement forming the crest of the waves, as the athlete’s perfect body emerges from the water, his smooth and carefully chiselled chest and arm muscles picked out with almost Hellenic precision.
The sculpture is totally, and precociously, free of any rhetoric, possibly thanks to his interaction with a group of Sicilian artists in Rome comprising Peppino Piccolo, Renato Guttuso and Mimì Lazzaro. Unlike the figures of the athletes in the Foro, here the figure is deeply human and anti-rhetorical, light years away both from academicism and from any artificial anti-academicism. Cuffaro here breathes life into a vigorous yet soft and true sculpture that was to prompt Vittorio Sgarbi to say of him: «A powerful and candid vision of nature, a true pastoral eclogue in Cuffaro’s lovely non-academic work, gives him a far from secondary place in the history of sculpture in this century thanks to the clear sincerity of his accents and to his meditated, archaic, still neo-Quattrocentesque choice of form…» (5).
Renato Guttuso, Lo scultore Silvestre Cuffaro, in “Bagheria oggi”, 1932, now on: Renato Guttuso. Scritti, edited by Marco Carapezza, Bompiani, Milano 2013, pp. 21-22
Discussing the difficulties encountered by many excellent artists, including Cuffaro, in becoming well-known outside Sicily, the brief text presenting the artists at the exhibition in the Castello di Mesola talks about a “curse on the island” (see Scultura italiana del primo Novecento, Catalogue of an exhibition curated by Vittorio Sgarbi, castello Estense, Mesola 2 May – 30 July 1992, Grafis editore, Bologna, 1992, p. 8)
Cuffaro won the silver medal at the Sindacale Regionale di Sicilia in Palermo in 1932, while he was awarded the gold medal for his bas-relief entitled “The Tale” at the VI Mostra d’Arte del Sindacato Interprovinciale Belle Arti di Sicilia. After the war, he began to show his work again and to teach at the Accademia di Belle Arti in Palermo (being appointed its Director in 1957) while also entering competitions and, on winning them, producing a series of monuments in Sicily that include the Monument to Vittorio Emanuele Orlando in Palermo, a large statue of Ceres in Gela in 1954, the War Memorial in Bagheria in 1954 and the bas-reliefs for the new headquarters of the Banco di Sicilia in 1956 and for the Palazzo delle Poste in Augusta in 1958.
Maristella Margozzi, Stadio dei marmi. Lo sport attraverso la statuaria moderna, in Maria Luisa Neri, Enrico Del Debbio architetto. La misura della modernità, exhibition catalogue at Rome, Galleria Nazionale d’arte moderna, 7 December 2006 – 4 February 2007, Rome 2006, p. 419
Scultura italiana del primo Novecento, Exhibition Catalogue… (op. cit.) Bologna, 1992, pp. 80-81
Antonacci Lapiccirella Fine Art | Via Margutta, 54 - 00187 Roma
Tel +39 0645433036 | [email protected] | P.Iva 11451261009 |Privacy policy 11451261009 | Designed by Studioplace
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American Federation of Teachers Supports the School Overcrowding Reduction Act
Oriana Korin
Oriana.Korin@aft.org
http://www.aft.org
WASHINGTON—AFT President Randi Weingarten issued the following statement of support for a bill sponsored by Rep. Joe Crowley (D-N.Y.), which would create a $500 million fund for school construction geared toward school districts with student-to-teacher ratios greater than 25-to-one, to be introduced this week:
“Students succeed when they’re in schools equipped with the resources, tools and conditions that promote high-quality teaching and learning. The teacher walkouts this year in Arizona, Oklahoma, West Virginia and elsewhere made clear that putting public education on the budgetary chopping block has resulted in overcrowded classrooms nationwide, making it more difficult for educators to effectively reach individual students and cater to diverse needs. More than a quarter of states lack class-size restrictions, yet state governments are still failing to budget for new schools and additional teachers.
“This bill does just that. Lowering class size is crucial to student success, and we’re proud to support Rep. Crowley’s legislation. It seeks to meet a critical need in our public schools, investing much-needed dollars in overcrowded districts and reducing student-to-teacher ratios specifically in disadvantaged communities.
“Research from the U.S. Department of Education identifies class-size reduction as 1 of only 4 evidence-based reforms that have been proven to increase student achievement. When it comes to improving our kids’ educations, let’s invest in what works.”
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More in this Section... Villages
Every month we feature one or two Village Coordinators, to recognize the work they do for AHSGR and give members an opportunity to become more familiar with their Village Coordinators.
Shari Stone
Hussenbach
Shari Stone has been co-coordinator for Hussenbach since being asked five years by Sue Nakaji if she would take on the role.
“It has opened a whole new world for me. I hadn’t realized the vast amount of info I could get,” Shari said. “Once your name is on the list as a Village Coordinator, you start getting emails and info from people all over the world. You become a hope for people that they can find family.”
Shari has been doing genealogy since the age of 17 when she met an old couple share stories of their heritage. Prior to meeting them, she had loved history but hadn’t really understood that her family was German Russia. After listening to this couple and realizing that she community in Montana where she grew up was German Russia, she realized the significance of her heritage. In her role as a VC, she’s now also helping her own family research their genealogy.
She advised that AHSGR members who are researching their heritage to contact their VC first before they decide there’s nothing out there and get frustrated. “Chances are resources exist and their VC can direct them to those resources,” Shari said. “VCs can give a life line by sharing what resources they have and building from there.”
As a VC, Shari is dedicated to finding resources for those she helps. She gave the example of a woman whose she’s been helping for a year. “I finally found her great-grandfather’s obituary,” Shari said. “He died in 1996 and so I knew he had to have one, but I couldn’t find it. It was in Frankfort script and that’s why I didn’t see it first, but I knew his sisters’ name and saw it in the script. Then I had someone help me with the script and I found the obituary. I was so excited that I immediately called her. She was thrilled beyond words! This discovery has opened up a whole lot of more information and now everything is starting to come together.”
From being a VC, Shari has realized, “We’re given this opportunity to do research that is so valuable for connecting families. To help someone else is very rewarding. I find it a great satisfaction.”
She would encourage anyone who is interested to definitely become a VC. It’s a bit time-consuming, Shari admitted, but stressed that if one has time they can help others to go beyond what they know. ”People appreciate the support. Sometimes they don’t want you do to do all the work; they just need direction, and then can have ownership in knowing that they found what they wanted.”
Sue Nakaji
Hussenbach-Linevo Osero
Sue Nakaji has been the Village Coordinator for Hussenbach-Linevo Osero since 2008. “Hussenbach is the original colony,” said Sue, “not to be confused with the daughter colony Hussenbach-Gashon.”
At the 2008 Casper Convention, Sue was recruited by Doris Evans to be an understudy and future VC. She also received a digital copy of the Hussenbach database. At the time, Louise Potter was the Hussenbach VC. When she passed away in November 2008, the Potter family shipped her Louise’s files, and Sue began work on the village.
Genealogy has been a personal hobby for Sue since 1977 when the TV mini-series Roots aired. “I thought if Kunta Kinte could find his family in Africa,” Sue said, “I should be able to trace my family back to Germany.” When Sue was in high school, she met another person also interested in his roots. A teacher in her hometown, Richard Scheuerman, had written a book about the story of his family’s immigration from Russia to Washington State called Pilgrims on the Earth which included copies of records of his family in Russia. Sue hoped to find similar information for her grandparents.
As a VC, Sue “loves the challenge of examining the records and puzzling out the familial connections.”
She advised that AHSGR members who are researching their heritage to ask people who are older what they know and remember. Then they should write down as much info as they can, Sue said, and not ignore any stories that may be the “one clue” later in their research. Sue also recommended that members research and document as much as they can in the US or Canadian records, search the census, passenger lists, naturalization, birth, marriage, and death records. The more information one can gather, Sue said, the greater the likelihood something will connect one to the correct branch of their tree.
Sue has compiled several resources on a Facebook page and on a webpage. These include census documents and a village history. Sue has also put together some documents for the village. These include a compiled list of surnames that are found in the village records and a Reconstructed First Settlers List.
For Sue, the benefit of being a VC is meeting “a bunch of wonderful people who share your heritage.”
Sue has learned a lot from being a VC. For one thing, her sense of humor runs deep in her roots. “If you have ever wondered why your family does certain things that are different from mainstream America,” Sue said, “it may be because of your Russia German roots. If you are in a room full of German Russians and need something to start the conversion, talk about your food heritage or butchering chickens.”
To anyone considering becoming a VC, Sue believes that it’s a great way to learn about one’s family heritage and meeting interesting people. She explained, “You decide how much time, resources and energy you want to devote to your village. I have found it very rewarding.”
susan.nakaji@sbcglobal.net
Mary Jane Bolton
Mary Jane Bolton is the co-coordinator for the village of Walter, a role she has served in for six years. She initially became involved in genealogical research through Mary Mills, a VC for Walter and Walter-Khutor villages, in 2006.
Bolton says her interest was sparked by her mother’s own genealogical interests.
“My mother was the first child (in her family) born in America, her parents came from Walter, Russia. She was always curious about her family which she knew nothing about,” Bolton says. “As she grew older she started to develop dementia and it became more important for my mother to find her family; that was the year 2000. I started my search and we had some answers for her and the entire story for some of her siblings. It has been a rewarding journey.”
She says that those searching for their own genealogy should familiarize themselves with the resources available to them. She recommends using AHSGR tools, starting with surname searches, and using that to find a village coordinator who can further guide you in your research. Mary Jane takes pride in her own ability to facilitate such help.
“Being a village coordinator brings a great sense of accomplishment; you are helping people find their ancestors and hopefully helping future generations,” Bolton says. “It is a privilege to work with many gifted people who are so willing to share methods and information, it is an ongoing education.”
walter4vc@gmail.com
Leroy O. Nikolaisen
Leroy Nikolaisen has been VC for Dinkel, where his father’s origins are, for about 34 years.
“I got into the subject because I wanted to gain info regarding my father,” he said. “I just sort of slid into it.”
Leroy said the work is challenging, although available information has greatly expanded during his tenure.
“Today a person has much help from the Censuses, village lists, and obits.” He noted there still is very little information about Dinkel after 1857, and what’s available needs to be translated.
“I have learned a bit about my family and hopefully I have helped the people asking about their Dinkel relatives,” he said.
Leroy said he’s giving back to all the people who have helped him with his own quest for information, and he encouraged others to consider taking on the VC role, including for Dinkel.
“It has been rewarding, but I think it is time for someone else to take over the reins,” he said.
Lnik@sbcglobal.net
Ben Markel
Ben Markel has been VC for Goebel since 2009. It started with his own family research.
“I wanted to learn more about one of my families’ ancestral villages and I found that I quickly amassed more information and had more interests than many with whom I corresponded. I also enjoy learning and sharing what I have learned,” he said.
He has compiled lots of resources, including a working file of names, births and marriages known regarding the village of Goebel. He has the AHSGR Village File information, and also files, links, databases and materials in addition to the 1798, 1816/1834 and 1850/1857 census reports he obtained from AHSGR, Rosemary Larson and Brent Mai respectively. He also has a copy of Pleve's Vol II with the FSL for Goebel and Göbel birth records (1894-1900) acquired from the Volgograd archive, with the help of Kevin Rupp. The VC role is invaluable.
“I benefit by being in a position to reach out to new AHSGR members who share an interest in Goebel as well as continuing to learn with and through AHSGR community,” he said.
And Ben encourages others to consider taking on the VC role. “If you’re thinking about it and constantly thinking about what a VC for your village could be doing, go ahead and do it! Volunteer your talents and your share your interests; you’ll learn even more.”
bgmarkel@hotmail.com
Michael Buck
Bauer, Neu-Bauer
Michael Buck has been a VC for Bauer and Neu-Bauer villages since 2009.
“My interest began through researching my own family history which evolved into a greater understanding of the importance of preserving the culture and legacy of our Germans from Russia ancestors,” he said.
Michael recommends people beginning research start with living relatives who may have information and locate primary source documents beginning with parents and going back as far as they can. Next, he said, “it is critical to familiarize yourself with the village that your ancestors came from and read all available material, which will give you a greater appreciation of their values and struggles that they went through.
“Also, contact your respective village coordinator to obtain information including census records and maps. They are an excellent resource who may also be able to put you in contact with others who are researching the same surnames,” he added.
Michael said there are many satisfactions to being a VC. “Probably the biggest benefit in this role is being able to assist others in moving their research forward and continuing to add to the village inventory of information. It is very satisfying to see when someone puts together a piece of their research that may have been missing for several generations and was at risk of being lost forever,” he said. “The main thing that I have learned is to be patient and flexible as you go through this process. There are many complexities and inconsistencies between information that may have been passed down versus the recorded information.”
>What advice would he give to someone who is considering becoming a VC? “Do it! There is no better way to honor your Germans from Russian ancestors than to tell their story and ensure that it is communicated to future generations. The more involved you become, the more appreciation you have for this unique and distinguished group!”
Sherrie (Gettman) Stahl
Brunnental, Samara, Volga
Sherrie (Gettman) Stahl has been a VC since about 1992.
“I became interested in his genealogy after my father passed away. I’m sure this is how many folks get interested in genealogy. Oh, how I wished I had asked him questions while he was still alive! All I knew was that they lived in Russia and that they were German. Basically I had to start from scratch ... so I headed for the library.”
Sherrie said she was fortunate to come across some old AHSGR Journals in a library in Portland, where she encountered her maiden name, Gettmann. She found contact information for an AHSGR chapter in Portland and attended her first chapter meeting.
There they suggested I contact a woman in Portland that shared my great grandmother’s name – Gruenwald,” she recalled. “Come to find out we were cousins. She had spent hours taping interviews with a “Mrs. Becker” and building a visual map of the village of Brunnental. Together they would draw the village and then talk about who lived in each house, and how they were related. Mrs. Becker had lived in Brunnental and had ridden with her father, who collected taxes, so she knew everyone and where they lived.”
Mrs. Becker was Sherrie’s great-grandmother’s niece, a Gruenwald. “One thing led to another, and before long I was gathering not only the information on my own family from Brunnental, but for everyone who had ever lived or was a descendant of someone who had lived in Brunnental, Russia. I even finished the map of Brunnental which is now for sale at AHSGR. And I started a Brunnental Village Newsletter to publish the information I was collecting. The rest is history.”
Sherrie said, actual church records are becoming available from Russia and are a key resource. “Thanks to Maggie Hein, VC for Frank, Russia, they are being translated and shared. Before that, we had only the records that I had been gleaning from the descendants of those who had lived in Brunnental.
“Don’t get me wrong -- over those years we had gathered and documented over 50,000 descendants in out Brunnental Data Bank. We had gathered things such as interviews, family group sheets, AHSGR obituaries, naturalization records, census records, photographs, oral interviews, passenger lists, family records, local voting records, WWI and WWII military records,” Sherrie recalled.
“We also had a wonderful poem that Rev. Elias Hergert had written about Brunnental which named many of the families that were then living in the U.S., grouping them by the geographical area where they lived. This amazing poem gave us hints on where to look for families that we had yet not known about.”
Some Colorado church records transcribed by a chapter in that state also helped.
“Each of these sources led us to more families, and more records. We also put an advertisement in a paper in Germany that was read by those returning from Russia. We received many hits from this method and learned about those living in Germany. We also explored and found families in South America, places such as Brazil, Argentina and Uruguay. Each of them knew more families from Brunnental. I put together one of the first webpages for a village (and actually the first national AHSGR webpage. I bet not too many people know that tidbit of information!)”
Having a presence on the internet really helped with global queries, Sherrie said. They started making contact with those in Russia and around the world.
“Every day I get queries. As more is known, and as more of the younger generation get curious, I’m there as a Village Coordinator to help them gather information on their family and to document the younger descendants to these original families. And now with DNA testing we are getting queries from lots of folks who really have no idea about their heritage, so luckily we are there to help them learn the history of the Germans From Russia. We not only have a website, but we also have a Facebook page so we can keep up on a daily basis with each other.”
I consider it a privilege to have been able to gather this information for generations to come. Early on, I really had no idea how important it would be to document the stories and information about our families. Today, we have a rich collection of information to share with the next generation. I am almost 70 years old and am hoping there will be someone from our village who will be willing to take over the job and continue to build on the information we have compiled. I know that they will find it just as rewarding as I have. I can tell you that you won’t be sorry as it’s been a rewarding endeavor.
http://www.brunnental.us/brunnental/index.html
https://www.facebook.com/groups/brunnental/
John Lauck
Beideck
John Lauck has been VC for Beideck for a number of years.
“My grandfather and father were born in Beideck and I knew them well before they died here in the USA. I became interested when I heard their stories and wanted to know more about life in Russia and where they came from in Germany.”
“To help those interested, I have complete records of Beideck from 1778 to 1857 and I have selected records from some families until today. I paid for a researcher named Pleve in Russia to do my line and several Pleve family trees have been shared with me and are on my computer,” he said.
He encourages AHSGR members to consider becoming a VC. “I have learned a lot from all this work about what it was like to live there and travel to the USA. For someone who has German Russian ancestry, I think you would really learn a lot about what made your ancestors who they were and why did they live the way they did.
David Schmidt
Boaro, Cäsarsfeld, Stahl am Karaman
David Schmidt has been VC for Stahl for 30 years and for Boaro and Cäsarsfeld for more than 20 years.
“My main motivations were the opportunities to advance the research of my ancestral villages; contact and trade information with other researchers and families; and collect and preserve village information for the future,” he said.
Materials David has available include: First Settlers Lists (1767); Kuhlberg Lists (1766); Transport Lists (1766); Census records (1798, 1811, 1834-35, 1849-50, 1857, and 1896); village church records (1787-1888, some gaps, Stahl am Karaman only); list of residents (1920, Stahl am Karaman); German church and emigration records; village map (Stahl am Karaman); and family charts (Stahl am Karaman, Boaro, Neu-Boaro, and Cäsarsfeld)
He advises researchers to obtain copies of all family records in the U.S. and/or Canada -- citizenship records, ship passenger lists, old letters, old photos, family bibles and hymnbooks, church records, death certificates, obituaries, census records, etc. Then, research your family backward, generation by generation, from your parents and grandparents back to earlier ancestors. Once you accurately determine your ancestral village, David said, use Russian census and church records, First Settlers Lists, Kuhlberg Lists, and Transport Lists to research your family back to the original settlers and places of origin in Germany. Most of these research materials are available from AHSGR or VCs. To successfully research your ancestors' places of origin in Germany, use all information from the First Settlers Lists, Kuhlberg Lists, Transport Lists, and the 1798 Census to compile a comprehensive picture of the family unit that emigrated from Germany and the places of origin listed in those records.
He said being a VC is very satisfying.
“Besides the satisfaction of preserving the history and information of my ancestral villages and the families who lived there, the main benefits to me have been being the contact person for my ancestral villages and having the opportunity to collaborate and exchange information with other VCs,” he said.
And he encourages others to consider becoming a VC.
“So long as you are willing to put in some effort to collect and preserve documents and information and to answer inquiries, go for it. The time demands are minimal and flexible and you will have a unique opportunity to further your personal and village research in many ways,” he said.
Paul Koehler
Stahl am Tarlyk, Bangert
Both of Paul Koehler’s parents were born in Stahl am Tarlyk and his grandparents were originally from Bangert. His grandparents starved during the purge ordered by Lenin and Stalin.
In his time as Village Coordinator, he has gathered a multitude of research materials, including: censuses from 1798, 1816, 1834, 1850 and 1857; a computer data base with nearly 20,000 names; Budingen marriage records; 18 Pleve family charts, not all from Stahl; individual family histories for Koehlers, Reitz, Loeb, Bea, Sinner, Zander, Haberman, Kletter, Treu, Damm; and much more.
Koehler also has two unpublished books: “We’re Glad They Came” and “Growing Up on Rocky Weed Road.” The former chronicles why they left Germany, the journey to Russia, family history in Stahl am Tarlyk and Bangert, German/Russian women, German Brotherhood history, the last song, and the game of Bannock (bones), while the latter is a series of short stories about growing up on a GR family farm.
Paul has an email list of people searching the villages' history and can put them in touch with others looking for the same names.
From being a VC, “I’ve learned so much about my history and family life,” Paul said. And he enjoys helping others with their research.
Rosemary Larson
Kamenka and Pfeifer
Rosemary's involvement as a village Coordinator began at the inception of this program in about 1994.
"Since some of my ancestors were from Kamenka, I chose this village. I was asked to also be a ‘VC for village Pfeifer at that time because of its proximity to Kamenka. I have ancestors in Pfeifer as well. My ancestors came to the US between 1876 and 1879," she said.
Rosemary has a number of resources available, including all four of the First Settler books, the 1775 Kamenka census as well as the 1798, 1834, 1850, 1857 censuses for Kamenka. She also has the Pfeifer 1798,1834, 1850, and 1857 censuses. "I translated the 1834 and 1850 census for both villages since my German dialect language background helped me to relate to the names in the census. Once one has the basic knowledge of the Russian alphabet, one can go on from there," she said.
"The AHSGR Clues and Journals help a great deal especially the earlier issues and books by AHSGR authors to learn the early history of the villages."
Rosemary added, "Learning about your own ancestry is wonderfully fulfilling, but to help others with their family ancestry rounds out the history of a great people that have sacrificed much for their descendants."
John Groh
John Groh is the Grimm co-village coordinator with Henry Schmick; they have shared the coordinator responsibilities for about 10 years.
I agreed to join Henry since we had worked together on the AHSGR Society Board and because of my father's deep interest in his GR heritage," John said. "Through the efforts of AHSGR, other VCs and both of us, we compiled a substantial data base of names. Recently, we completed for publication a copy of the 1897 Grimm census which was donated to AHSGR."
One of the most rewarding benefits of being a VC is helping others fill in missing names or helping them connect generations of their family tree, John said.
"I would encourage anyone that is considering becoming a VC to join this hard working group. It is a great way to learn more about your GR history and to gather information for future generations," he added.
"I would like to thank Henry for his willingness to share his knowledge, his support and friendship."
Kevin Rupp
Obermunjou, Louis, Graf
Co-VC of Mariental, Luzern, Zug, Rohleder, Wittman
Kevin Rupp got interested in being a Village Coordinator because he enjoys talking and sharing with and helping other people who have ancestors from the same colony.
“I think one of the biggest benefits that you get is helping other people know their history. I have found out that when you share with people, especially from Germany and Russia, they will share with you as well in a great many ways. I have made a number of friends by doing this,” he said.
Kevin has accumulated lots of materials to help others.
“I have created a large database that contains families from all my villages. Since most of them settled in Ellis County, Kansas, it just made sense to encompass them all,” he said. “I have worked on a number of genealogies of the local families as well as obituaries and memorial cards. I have a good collection of memorial cards of the first settlers who came from the villages and settled in this area. I was given from a dear friend a couple of Die-blocks that are used to make the old memorial cards that has the oval photo of the deceased. Interesting that these, at least in this area, were never made until the funeral was over.”
Kevin said he keeps an eye out for various books on the colonies, research or history/folklore to add to his growing collection. “At this time I have four, four-drawer filing cabinets of obituaries, one cabinet on villages, one cabinet on family research, shelves that contain DVDs and CDs about the Germans from Russia and several local audios on the local history and three large metal library style bookcases filled, not to mention a full computer of material.
“The best part is collecting the church records from the archives. I do have a website, www.volgagerman.net, that I have set up and continue to update and added some villages that belong to friends to help them have a webpage,” Kevin added.
He encourages others to considering becoming a VC. “Don’t be so wrapped up in what you are doing that you miss the big picture – helping other people,” he urged. “Make sure you have a game plan if something happens to you and someone doesn’t just throw away all your hard work.
“Share it with each other, with AHSGR or even make it available through ASHGR. We are all in this together.”
Wayne Bonner
Balzar, Moor
Wayne H. Bonner is co-coordinator for Balzer (for more than 20 years) with Dr. Darrell Weber and coordinator for Moor (until recently with Irma Waggoner for at least 15 years).
Growing up, Wayne was always interested in family stories and often asked his parents about his heritage. His dad had many stories from Canada (Irish, English, and French ancestry), and his mom has memories of her father who was from Balzer, Russia. For years he searched to determine the location of Balzer and wondered why Germans were living in Russia. Finally, in 1983, his mom contacted AHSGR and learned that there was a local chapter (Southern California). At his first meeting Wayne learned about the history of Germans in Russia and the location of Balzer. Back then, there were rumors that all of the church records had been destroyed during World War II. The only clues were those in Dr. Karl Stumpf’s tome. This only ignited a desire to find out more about his heritage.
The miracle of the downfall of the Soviet Union occurred in 1989, and shortly thereafter Dr. Igor Pleve contacted AHSGR and became involved in doing personal research. Wayne ordered abstracts from the Balzer 1857 census and began learning about his family. This only intensified his quest for knowledge since Wayne could only trace his Volga ancestors back to his great grandparents who were both born after 1857 in Balzer and died in Lincoln, Neb.
During the past 20+ years, so many publications have become available. This includes the Kulberg passenger lists, 1767 First settlers list, the 1798, 1834, 1850, 1857, and 1897 census. More recently, many original Balzer records have been accessed. These include, but not limited to, Communion records (AKA Family Lists) for 1834-1845, 1846-1860, 1861-1875, 1875-1890, and 1891-1906. Indices of these family records were given to headquarters last year.
Equally important to research is the Eichhorn book discussing in detail the 1759-1766 Danish period, the two more recent books by Decker, and some additional church records including baptisms 1825-1860, marriages 1804-1860, and deaths 1804-1875.
For Moor, Wayne has been able to obtain from other researchers copies of existing baptism records 1827-1844, marriages 1834 – 1865 and deaths 1827-1876. There are no Communion records or 1897 census. Wayne has contributed a copy of the indices to headquarters for these records.
Research for the German Origins project has produced at least partial results for 85 percent of the Balzer first families and 67 percent for Moor original settlers.
With all of these new records in hand, he has helped fellow Balzer and Moor researchers to create ancestral charts.
Wayne has benefited from being a VC by meeting other village coordinators who have given him immeasurable help in finding information about Balzer and Moor. He has also been able to communicate with other researchers around the world with whom he has exchanged information that he might not otherwise have ever found. At long last, he now has an ancestral chart back to the first Muller settler family in Balzer.
Wayne encourages all AHSGR members who are considering to be coordinators to take the challenge. Even if your village already has a coordinator, volunteer to help them in all ways possible. The rewards are outstanding, he said.
Francis Eickbush
Neuburg, Neu-Arzis
Francis Eickbush initially got interested in German Russian heritage because of his first wife’s family ties. Her father’s family was from Yagodnaya Polyana; they left in 1912, aboard a cattle car, the last group let out of Russia before the border was closed.
“I joined the historical society in the late ‘70s and I have since found I have four other ties” to GRs, Fran said.
Those ties included his Great Aunt Carolyn, who was born in Neuburg in 1901. When he heard a village coordinator was needed for that village, “I decided I may as well get started, somebody’s gotta do it.”
“This whole work of gathering information works so much better when you work with other people. You can pool your knowledge.”
Fran says he’s worked with AHSGR headquarters to gather maps, lists of surnames and other research records. “I really appreciate, and so do others, the work that has been done to preserve those records.”
It’s about the stories people tell. He remembers his Great Aunt Carolyn being interviewed when she was 98. “She gave us insight about the tough times and the perseverance ... In spite of the challenges they had, they surmounted, they had great lives, great families.”
“I’m looking forward to putting additional records together in hopes that someone in the future will benefit,” he said. “I just look forward to continuing to work with AHSGR. It’s been a great part of my life.”
Greg Dockter
Neudorf, Glückstal, Odessa
Greg Dockter dates his interest in his family’s genealogy to a 1965 high school project when he was assigned to do a family tree. “I pestered my grandparents for information and assembled names in a small pocket spiral notebook,” he said.
“The notebook was forgotten until much later when our first child was born. The family tree page in his baby book spurred me to find the notebook, and also to begin questioning my grandparents anew. The project just mushroomed, especially with a gift of Dr. Stumpp’s book for Christmas 1982 from my late wife,” Greg said.
All 16 of his great-great-grandparents were listed in the 1858 Neudorf census, exactly as related to him by his own grandparents. “It turns out that two of my four grandparents, all eight of my great-grandparents, and 14 of my 16 great-great grandparents were born in Neudorf or a daughter colony (the two lone exceptions were ‘Bergdorfers’),” Greg said.
“My grandparents became close friends well into my adulthood (passing in 1983, 1986, 1997, and 2000): I quizzed them unmercifully about their parents, their grandparents, their siblings, their cousins, their parents’ cousins, etc. etc. etc. It got to the point that I would suggest they contact their cousins and second cousins to schedule a visit: I would provide transportation and naturally steer the conversation to ‘relatives,’ get the hosts to dig out their photo albums, and be ready with my camera and copy stand to record the images (along with taking notes of the dialog).”
Greg gathered most of his information first-hand, through interviews, courthouse and city-hall visits, extensive correspondence with question and answer sheets and German-Russian surname exchange avenues.
Greg said he’s developed many friendships through his village coordinator experience.
“What I have learned is way more than the historical facts relating to the German-Russian experience (although it goes without saying that being a VC does give one the impetus to devour everything available on the subject, and there is much satisfaction in that experience),” he added. “It is hard to put in context, but generally speaking I have learned that people dearly love to talk about themselves, their family, their traditions. Being a VC has given me a perspective of listening, learning, and sharing.”
Don Soeken
Dietel
>Don Soeken of Ellicott City, Maryland, got interested in his great-grandparents’ roots in Dietel when he was trying to track down the fate of a Lutheran church there. It existed from the 1800s to around 1930, destroyed by Communists and replaced with a statue of Lenin out of anger with a pastor. “That story stayed with me,” he said. “That’s the emotional reason I got involved.”
He was unable to speak to his great-grandmother because she spoke German, but he was able to query his grandmother. His family’s fear of Russians lived well beyond their departure from the country for the United States.
“They feared they were going to come and get them,” even in the United States,” Don said. “That was the beginning -- my trying to understand some of the fears that the Russians were coming.”
Tracking down your family’s story is “not just a piece of history. It makes me feel like I’m reliving with my family an experience from the past, and the past comes alive.”
Helping others discover and relive those experiences is one of Don’s satisfactions as a VC. When a neophyte approaches him, his first advice: “There’s usually a person in every family who has done some work on the genealogy. I always say, ‘go to that person and interview them, record them.’”
He suggests interviewing the oldest members of the family first, then working to younger ones from there. Whenever possible, interview people together; siblings especially can play off of each other as they reminisce, surfacing even more information than one alone might.
As ancestors’ names emerge, he said, “try to track them through the records” – birth, confirmation, census records; marriage records; obituaries.
“You may find out things you don’t really want to know,” Don said. An illegitimate child, perhaps. Trouble with the law. That your family has been misspelling your name for generations.
>“But you’re trying to find out everything you can.” And that means everything.
VCs aren’t in it for themselves, Don said. They’re helping gather and catalog information that will be there for future generations. He works with Karen Bouton on Dietel; it’s helpful to have co-coordinators whenever possible, he said, to share the workload and ensure continuity.
Dennis Zitterkopf
Dennis Zitterkopf is co-coordinator for the village of Huck with Pam Wurst.
He volunteered in about 1999 when Delores Schwartz, the prior coordinator, resigned the position.
“Delores left large shoes to fill when she retired but I knew I could ask her whenever I was buried or lost in a research problem,” he said. “That is one of the wonderful things I’ve learned as a coordinator. There is a wealth of knowledge and information within the coordinator group. Others are always willing to offer a suggestion (or provide an answer) if an individual coordinator asks for assistance on the coordinator mail list. I’m often surprised to learn that the village coordinator resource list in the AHSGR website is like another ‘best kept secret’ for new members.”
Dennis said learning about his German Russian ancestry was a challenge. “I knew my paternal grandparents spoke German and I learned about the Russian connection only after I was a university student. My grandparents didn’t discuss their past and my dad, aunts and uncle told me they knew nothing about our family history because it wasn’t a topic that was shared with them when they were children.
“They recalled their parents receiving letters from relatives in Russia, especially during the famine period, reading the letters privately and crying but not explaining what was so upsetting,” Dennis added.
“I finally met a great aunt in Lincoln (who was very upset I had not been taught to speak German) and she told me enough about my history that I knew I had to learn more.” He joined AHSGR, and as the Huck coordinator, began collecting a substantial library of materials.
“These items, plus my own research, have been invaluable as I’ve assisted persons asking about their surnames. Helping a person solve questions about their family history is an extremely satisfying experience, and why being a coordinator is and always has been a pleasure for me,” Dennis said.
“As a coordinator I’ve learned much about the history of Europe and Russia, and the events and environments that led to the migration from what is now Germany to Russia. My grandfather told me over and over ‘get an education, they can’t take that from you.’ I didn’t understand the ‘they’ reference he repeated many times until I learned about the history of Europe and what the German settlers endured while they were in Russia. I see the parallels to that mysterious ‘they’ reference in today’s world and national news.”
Dennis served as the liaison between the village coordinators and AHSGR Board of Directors for several years.
“When I’d ask a person if they would consider assuming the role of a coordinator for a village I knew they were interested in, I’d emphasize not only how they could assist others who had an interest in the village but that there was a great personal benefit of learning more and more about the history of Europe, and Russia and the history of the village as well as the satisfaction of helping someone who perhaps was just beginning their research or assisting someone who had hit a brick wall – and when you are able to help them ‘break through’ there is a feeling that you’ve indeed help fulfill part of the mission of the Society.”
Pam Wurst
Pam Wurst is co-coordinator with Dennis Zitterkopf for the village of Huck.
“I am happy to say that I have gained a wealth of friends and knowledge thru the village coordinators group,” she said.
“Starting my search for my German- Russian ancestors, little did I know what a journey it would become,” Pam added. “We lived here in the North Roosian bottoms in a summer kitchen that had been converted to a small apartment with no bathroom of about 250 square feet on my grandmother’s property for the first six year of my life. The little house is still standing and is in use.
“Family never talked about the old country, because when it was mentioned grandma would cry. So it became a taboo subject,” she said. After her father died in 1976, Pam’s quest for more information about her GR heritage began.
“AHSGR at that time was in its infancy and had little information. They did have these wonderful publications called CLUES and the Work Papers and this is how I found my ancestors and their families.”
Pam contacted Dennis and they discovered they were related, so they started to share what they knew and then added others.
“In 2004 when I was on staff and came down to headquarters one Saturday during the men’s coffee klatch and introduced myself and they asked what my maiden name was and then asked if I was related to ‘Crazy Harry.’ Yes, he is my dad. They shared stories about him I had never heard. I realized what a small world this is and I was at home. I have been lucky and have been able to piece my ancestry back to Germany to the 1500s so far.
Pam’s library of information continues to grow.She started with the 1798 census of Huck, and over the years added censuses from 1775, 1816, 1834, 1850, and 1857. She also has partial list of movement to other villages by or Huck settlers and the Family List for 1836-1845 for Huck, Kuhlburg list, Church Records, 90years of Service for the Immanuel Reformed Church in Lincoln, a partial register from St. John’s Lutheran church in Lincoln, Surname charts, family histories and lots of obits.
“I’ve also made the Nebraska Historical Society Archives my third home in the winter and try to go monthly to find new pieces of information. In 2013 I received thru the death of Ruth Huck Mosby, her entire library and research on the village of Huck and am organizing and entering the information into my data base.”
Pam serves on AHSGR’s Board of Directors of AHSGR, volunteers at headquarters two days a week and worked on the last issue of Clues. “I do research for the organization and have helped organize and lead with Dodie Rotherham a basic genealogy class at AHSGR facility this year.
"I want to give as much or more as I have received from the American Historical Society of Germans from Russia. My quest has ended but I want to help others with theirs.”
Manuel Goehring
Alt-Elft, Beresina
Both Manuel Goehring’s grandparents returned to Germany after World War II, settling in a small town in the north. There, they met at the Lutheran church, fell in love and married. They had three sons.
“When I was born in 1980, the Bessarabian-German culture still was very much around when me and my brother visited our grandparents' house. We loved to listen to their stories of the ‘old country,’ not to mention the German-Russian cuisine with borscht, spaetzle or knoepfle,” recalled Manuel, who lives in Toronto.
At his Lutheran confirmation, his parents gave him a family tree of his Goehring ancestors, tracing the family back to Germany. “The family tree was the trigger to get hooked to find out as much as I can about my own ancestors as well as genealogy in general. It only took a few months or so to find out (and to prove!) that the family tree as I had received it was incorrect from my 2x grandfather upwards,” Manuel said.
>Since then he has gained over 20 years of experience with German-Russian genealogy. He found a distant relative in South Dakota, with regular contact since between the two families in Germany and the United States. He was able to trace family roots back to 1580.
Manuel speaks German, English and some Russian, which helps him communicate people and understand archives in all three countries. “Last year, I decided to give something back to the GR community. I decided to become a VC for the native colonies of my paternal grandparents and to share my knowledge and expertise with others,” he said.
“My main focus definitely is on Black-Sea German genealogy. Compared to GR villages in other areas of Russia, there are plenty of records available for people researching their Bessarabian-German ancestry,” he said.
A good starting point, particularly for Bessarabian-German genealogy, is the website: www.odessa3.org. It provides indexed records of almost all Lutheran church registers in Bessarabia, from the 1840s to 1885. Karl Stumpf's book (“German Emigration 1763 to 1862”) also is a first-to-check source when it comes to determine where your ancestors had emigrated from Germany to Bessarabia, Manuel said.
For church records from after 1885, Manuel also recommends contacting the State Archive in Odessa/Ukraine. AHSGR has a few indexed census lists also from Black Sea German colonies, which also are very helpful.
“I also am a member of the two German-Russia associations in Stuttgart, Germany -- Bessarabiendeutscher Verein and Landsmannschaft der Deutschen aus Russland. Both have a lot of good books, maps, and even copies of church registers.
Manuel enjoys how being a VC makes him part of a bigger team of VCs with AHSGR, some of whom have been in their role for decades.
>He encourages others to consider becoming a VC. “It is fun to help other people to discover their German-Russian roots. I also find it always very rewarding when you can provide some answers/results to other people who sometimes are overwhelmed and do not really know where to start looking for their ancestors.”
Dee Hert
Anton, Aleanderhoh, Alexanderdorf (North Caucasus), Alexanderdorf (South Caucasus), Blumenfeld, Emmas, Tiegenhoff, Tilfis, Eigenheim, Nalchik, Johannesdorf, Karlsruhe, Katharinenfeld
Dee Hert has been a village coordinator for several years and continues to find villages of interest for which there is no coordinator.
“These are important areas, so I find myself agreeing to be the village coordinator,” she said. “The Caucasus region has my primary attention at this time; what a fascinating area and I am locating villagers from various regions. As I become aware of Caucasus villages without a village coordinator, I may consider adopting them.”
Dee married into a double-GR family. “My mother-in-law informed me there were very few Herts remaining; I accepted this information at face value,” she said. “Years later I can disprove that statement as my database contains thousands of Hert/Herdt/etc.”
“Gather all appropriate resource materials, join and refer to professional organizations depending on your objective. Materials from AHSGR, NDGR, societies such as the Germanic Genealogy Society, Montana Historical Society are increasingly valuable,” she said. “I live in Utah and have easy access to the Family History Library (FHL) which is also an incredible resource. Facebook and other social media are constantly improving and should be reviewed frequently. Establish an AHSGR Facebook page or social media of choice and share what you learn. Genealogy is sharing!”
Another source of information is the annual on-line Village Coordinator reports; one can improve research skills and gain insight into successful practices.
Dee encourages members to consider becoming VCs. “If you are hesitant then offer to assist another VC, mentoring can be very enjoyable.”
“AHSGR has a wonderful link to individual village files. Read beyond your primary village, read all files as data crosses villages and your ancestors may have lived in numerous locations,” she said. “You would be amazed to learn how many villagers relocated to the Caucasus; slowly I am gathering that data into a separate database.
“I am a Life and Board member of AHSGR, I can honestly say that these folks are amazing. They possess a positive attitude towards improvement and strive to attain the goals of preserving and promoting the Germans from Russia culture as do many individuals in the field. Working together we can move forward in a positive direction.”
Doris Evans
Doris is co-Village Coordinator for Frank, with Maggie Hein. She got interested in family history about 20 years ago when her father sought her help in finding all his living cousins.
“The hunt was then on and I have been chasing ‘bones’ and documentation ever since,” she said.
Doris works with all sorts of materials and documentation. The list for the villages of Frank and Kolb alone includes more than 1,100 sources.
“Our most recent line of attack has been our ancestors in Germany, or where our ancestors started, prior to their moving to Russia.”
Doris enjoys sharing her research with others and them, in turn, sharing theirs with her, “ultimately leaving a path for researchers in the future.
“If you think that because your surname is Eckhardt, you aren't related to, say, the Heins and the other surnames that come out of Frank, you would be mistaken,” she said. “These small villages in Russia give us a glimpse of how interrelated our heritage is. The phrase ‘If you don't know where you're from, how do you know where you're going’ comes to mind.”
She encourages other AHSGR members to consider becoming VCs themselves. “Embrace the job with a joy of being able to find the truth of your existence and the ease which the past 20 years have made in our communicating with our journey into the past. By that I mean the Internet and social media. It's the biggest puzzle out there, and welcome to the search of putting a few of the pieces into place.”
Ray Heinle
Johannestal/Lauwe
Ray was born in 1945 in Sanger, Calif., a German-from-Russia community at the time. They also spilled out into the nearby community of Fresno. He grew up hearing names such as Seibert, Scheidt, Schmidtgall, Metzger, Metzler and Schmidt and assumed there were just German names – not GRs.
“I assumed when I was younger that everyone over the age of 40 spoke German and those over 60 had to speak English with a thick German accent. It did not seem strange to me that even the bakery shop in town sold the German-Russian Beerocks,” he recalls.
The Lutheran Church had two services, one German and one English. “When my family gathered -- my mom, dad, Grandpa and Grandma Heinle, Uncle Ed and Aunt Elsie -- German was frequently spoken. My mother did not often join in those conversations. I don’t think that she understood the Swäbish dialect that was spoken there.
“Each dinner started with a prayer: ‘Komm Herr Jesu….’ And ended with ‘besheret hast.’ The Jesu part I got, but I assumed that the last had something to do with carrots,” Ray said.
He remembers his grandfather speaking of life in Russland, which he came to realize meant Russia, but he it wasn’t until he started studying family history in the 1990s that he came to understand the GR story.
“I was rummaging the internet and found an index to the archives of the St. Petersburg Consistory of the Lutheran Church. These indexes were done by Dale Wahl and his team from records that had been recently released by the authorities in the remnants of the Soviet Union. There was the birth of my grandfather and great-grandfather, in black-and-white!,” Ray recalled.
At Dale’s urging, he became a GRHS VC for the village of Johannestal near the Black Sea, soon after becoming VC for the same village with AHSGR. Some years later, he became VC for the village of Lauwe.
For the village of Johannestal, Ray has the Stumpp book, the 1857 census, and the St. Pete records from 1833 through 1905. He also has a large database of Johannestal residents and their descendants compiled for the Zimmerman-Roth-Heinle family reunion in 2001. Ray also has a webpage on the GRHS server, http://www.grhs.org/korners/heinle/johannestal.html.
“For Lauwe, I believe I have every census that either AHSGR or CVGS has published. Recently I added the 1886 Family List, which has been very helpful. I also have a copy of Pleve’s Kuhlberg lists and a few other publications. There is also a web page for Lauwe: http://www.grhs.org/korners/heinle/lauwe/lauwe.html
“There is a lot of joy in actually being able to help someone find their family ... Through my translation efforts I learned that many of the ‘kids’ that I grew up with were fellow GRs from the same villages as my grandparents and the I may have been related to some of them.”
“Being a VC is having greater exposure to all things GR. Being a VC gets me active and helps to give me the incentive to try to keep up with new information as it becomes available.”
Nicholas and Barbara Bretz
Rothammel/Seewald/Koehler
When in elementary school, Nick told his teacher that he was German but his teacher informed him that he was Russian because all of his grandparents had emigrated from Russia. He was unable to communicate with his grandparents because he couldn’t speak German and they spoke little English, so he always wondered which was correct. It wasn’t until 1993, after taking an early retirement, that he was able to attend an AHSGR convention where he joined the organization and found his answer.
>At a subsequent convention when the 1798 Russian census was presented, Nick volunteered to help index the files for AHSGR. He then contacted Ted Gerk who at the time was the VC for Koehler and asked him if he could also become a VC. Since Ted’s ancestors had left Koehler for Josefstal, he suggested Nick become the Koehler VC and Ted become the Josefstal VC. Ted was instrumental in securing and translating the 1834, 1850 and 1857 Koehler census which were made into booklets and sold. He later secured and translated a number of Koehler church birth records, sporadic between the years 1871-1892.
When Dr. Igor Pleve began researching Russian records and started producing surname charts, researchers began ordering the charts. They weren’t forthcoming so some researchers found that Pleve would construct a file from census records for a particular surname and a few were ordered. At that time Bernice Williams was the Rothammel VC and unable to continue so she suggested Nick & Barb take over for her and also become the Seewald VC. Researchers began to donate their census data to the “village” and made them available to others with a suggestion of a donation. Thus, the Rothammel/Seewald and Koehler informal funds were formed. Ted Gerk was able to secure the 1834 and 1857 Rothammel and Seewald census records which were translated by Brent Mai. Booklets were made and sold adding the money to the fund. There was enough money in the fund to purchase and translate Rothammel/Seewald church records including birth, marriage and death from about 1846-1913. The original Russian copies have all been donated to AHSGR so it is possible to have headquarters make a copy of a particular record. Nick and Barb are also working towards donating the translated records to AHSGR.
>When Nick was President of AHSGR, he and Barb traveled to Russia to visit the Russian archives. Although they couldn’t read Russian, they did see the voluminous number of records held in the archives. After waiting six years, researchers began receiving charts from Dr. Pleve and most donated a copy to the “village”. The data from the charts along with data from the Kuhlberg List, First Settlers list, the 1798, 1834, 1850 and 1857 Russian census records and Russian church records as well as US census and church records including information shared by researchers are all contained in the data base for the villages. Copies of a list made in 1916 of men not showing up for the various Russian drafts have also been secured and translated. Some contain an entire household, or just the family that left, or only the individual. If one is lucky, they should be able to help you take their lines back to the original settler in Russia in about 1767. If a researcher purchases a copy of any census booklet, Nick and Barb will also send them an ahnentafel chart containing their ancestors for which they have a record.
While Barb’s heritage is not German/Russia, her father’s Kettenring/Catron line came from the Pfalz area as did Nick’s Bretz line. The interaction with other VC has been helpful because there is was so much intermarriage between villages. They have learned much about the G/R heritage and find it rewarding to help researchers with their family history. It’s like a big puzzle waiting to be solved!
Mabel Kiessling
Polish Volhynia
Mabel Kiessling has been Village Coordinator for Polish Volhynia since October 2008 and became the Village Coordinator for Volhynia when Coordinator Leona Janke passed away in 2015. She said, “I have always been interested in family history and began recording family stories when I was a teenager. But I never knew much about my paternal grandmother.
At a local seminar she learned about the Germans from Russia and discovered her grandmother belonged to this group of people. When Leona approached her to be a Village Coordinator with her so she could concentrate on translating material, she was happy to accept.
“It would be one way for me to learn more about my grandmother's background,” said Mabel, who also served on the AHSGR Board of Directors and learned about the organization of the Society.
“When Heritage Hall was developed I gathered as much material as I could find to put into the binder that goes with the display so that other Volhynian researchers would have something to start from,” she said. The binder includes maps, list of resources at the AHSGR library, websites, indexes, published historical information, and a list of surnames and villages that other members are researching.
“I have a similar binder of my own and a collection of books and maps,” she said.
As Mabel has served at Village Coordinator, the names and locations of villages have become quite familiar to her. “Over the years I have attended conventions and seminars to network with other Village Coordinators and researchers to gain knowledge and information. It is a pleasure for me to help a beginning researcher get started on their family history. Using village name information found on original documents is a good place to begin. After that a search can be done with the surname.”
“In the process of my work as a Coordinator,” she said, “I have been able to encourage others to become Coordinators. “To be involved is the best way to become proficient in your own family history.”
Beth Davenport
Jost/Enders
Beth Davenport became Village Coordinator for Jost, her mother’s ancestral village, in 2005 and VC for Enders, her father’s ancestral village, several years later.
“Through the years, I've known only my recent family history. I was hopeful that becoming the VC for these villages would help me fill in the gaps and tell me more about these people and where they came from,” she said.
Beth encouraged people researching their own families to start with what they know and expand from there, keeping an open mind. “Beginning with Jost, I've been able to extend my family roots into Kukkus, Kutter, Warenburg, Straub, Laub and Moor. That's when Pleve books, census lists, immigration lists and maps became essential. I've found that as I learn more, I have more questions. It's fascinating.”
She encouraged people to interview family members and write down anything they recall. “Any small hint can become a gold mine many years later. For example, when I was a child my paternal aunt mentioned a ‘cousin Charlotte.’ It was a search for Charlotte Mueller that first led me to Enders.”
Being a Village Coordinator has many advantages. The connection to other VCs opens one up to a wealth of knowledge. She enjoys it when people contact her via email and Facebook to trace their families.
>Having a direct connection to other coordinators is a value all its own. The cumulative wealth of knowledge among them is beyond compare and they're always willing to share.
“I've connected to known and unknown family throughout the U.S. and Canada. Most exciting is to hear from distant cousins in Germany and in Russia. To be able to point to a great-great grandparent on their family tree and recognize the same ancestor as your own is beyond cool,” she said.
Erwin Ulmer
Rohrbach, Berezan, Odessa, Kherson
Worms, Berezan, Odessa, Kherson
Waterloo, Berezan, Odessa
Erwin Ulmer of Lincoln has been a genealogist since 1972. He prides himself on doing it “the old-fashioned way.”
“AHSGR has a vast amount of resources,” he said. Erwin would appreciate hearing from past, present and future members by mail or phone: 1731 S. 15th, Apt. B-4, Lincoln, NE 68502-2409; 402-477-5388.
Erwin has been a village coordinator for about 25 years. He uses records from courthouses, newspapers, churches and other sources.
He got interested in being a village coordinator after doing research on his family. His four family books are: Denkendorf’s Jakob and Eva Steimer Kriechbaum, Sheiererman Clan from Sutton, George Philipp Hust-Elizabeth Woehl Kinship and Leaves of the Ulmer Tree of Sutton from Rohrbach.
Original records can be inaccurate or recorded incorrectly, so Erwin encourages researchers to be cautious.
Arthur Flegel
Alexanderfeld, Eigenfeld, Friedrichsfeld, Kronental, Lillienfeld, Marienbrunn, Markosowka, Rosenfeld, all of North Caucasus
Kulm, Leipzig and Tarutino, Akkerman, all of Bessarabia
Arthur Flegel is Village Coordinator for the preceding villages in Bessarabia and the North Caucasus regions. (See above)
In addition to serving as a Village Coordinator, Mr. Flegel is a former President of the American Historical Society of Germans from Russia, and is currently a Trustee of the International Foundation of the American Historical Society for Germans from Russia. He has been a member of AHSGR since 1969.
Arthur and his late wife, Cleora, are the namesakes of the Flegel Library at AHSGR’s headquarters in Lincoln. Art started this amazing collection while researching his roots in Bessarabia and Cleora’s on the Volga. The collection includes old and rare books, many in German and Russian, as well as his research into several regions including Bessarabia, the Black Sea, the Caucasus, and the lower Volga. He traced the migration of Mennonites and Hutterites as well. In all, Art collected a vast treasure trove of information about Germans from Russia including about 40,000 obituaries which were sent to AHSGR headquarters for scanning and recording.
Mr. Flegel authored a chronicle that follows more than 300 years of his family’s history. He traced their journey from the heart of Europe to the formerly Russian region of Bessarabia, into the expanses near the Volga river, onward to the shores of the Caspian Sea in Iran, heading west to the pampas of Argentina and, finally, to the United States.
A certified genealogist, Mr. Flegel is the son of German Russian immigrant parents. Having been born in North Dakota in 1917, Art was later was raised in Kansas and Colorado. Now living in Menlo Park, CA. Arthur will celebrate his 100th birthday this year. What a milestone!!
We would like to say a huge thank you for all your endeavors on behalf of AHSGR Mr. Flegel! You are an amazing person!!
Marlene Michel
Yagodnaya Polyana
Marlene Michel became Village Coordinator for Yagodnaya Polyana in 2012. As she’s helped others, the experience has enhanced her own genealogy research efforts.
She began her research in 1971. “I was always interested because my grandfather was such an interesting fellow, so I started doing his side of the family,” she said.
Marlene is also President of the Calgary Chapter of the American Historical Society of Germans from Russia. She has written four books, including two on the history of St. John Lutheran Church in Calgary that was founded by people from the Yagodnaya region. Included in this group was her grandfather’s brother. Another book is a collection of photos highlighting people born in Yagodnaya. Her final book is about Germans from Russia living in the Bridgeland/Riverside area.
Encouraging people just starting to research their heritage is important to Marlene. She tells people to cast their nets far and wide. Sometimes connections between people don’t become clear until you dig deeper into the research. When interviewing relatives and others, she urges people to record the conversations. “You might not remember it all, or it might not be meaningful now,” she said.
Marlene recalled an interview she conducted when writing her first book; when she went back to the recording several years later, information that hadn’t registered with her earlier now was relevant.
Marlene enjoys being a VC. “Being at the hub, you get so much information,” she said. And it’s rewarding in other ways too.
“It’s the ones you’re sitting across from and you give them information they didn’t know and their eyes bug out and they get that sparkle in their eyes and it’s worth it.”
Steven Grau
Nieder-Monjou
Steven Grau has been the Village Coordinator for Nieder-Monjou, along with his brother, Michael, since 2002.
Grau had done some genealogical research about his ancestors from Nieder-Monjou before becoming VC. Another researcher shared a genealogy of his great-great-grandfather which had been prepared by Schulmeister Hummel in 1910 during a return visit of his great-great-grandfather to Nieder-Monjou.
“I was one of the lucky few who could trace lineage in a direct line all the way back to an original colonist of Nieder-Monjou without the aid of any other information from Russia,” Grau said.
“When I first started as Village Coordinator, I had very little information about Nieder-Monjou,” he said. Over time he has accumulated many historical books about the colonies, basically anything that mentions Nieder-Monjou. He has all available census translations for Nieder-Monjou, as well as censuses of some nearby colonies and a couple of daughter colonies. Church records, including transcriptions of church records and church anniversary booklets have been valuable tools. He has collected as many records as possible from churches in central Kansas frequented by Volga Germans and their descendants.
As a Village Coordinator, Grau decided he would actively search for immigrants from Nieder-Monjou and their descendants. He has found immigrants from Nieder-Monjou in Argentina, South Africa, and of course the United States. “But I did not initially realize the time and effort involved.”
“One of the benefits of being a Village Coordinator is that family connections that benefit one's own research can be discovered through the exchange of information with others,” Grau said.
“Though not absolutely necessary, it is helpful for a Village Coordinator to know a little German and to be able to transliterate Fraktur and the old German script for the times that you are able to get church records from the United States, Russia, or Germany,” he said. “Knowing a little Russian (which I do not) would also be a plus.”
Karen Sudermann Penner
Molotschna / Chortitza
Karen Sudermann Penner has been village coordinator since the summer of 2012 for the Molotschna Colonies in the Taurida region in the Ukraine (56-60 colonies/villages) and the Chortitza Colonies in the Ekaterinoslav region of the Ukraine (20 colonies/villages). Both are Mennonite settlements.
Karen was genealogy chair of AHSGR and sought to become more involved when the VC program became part of the committee’s agenda.
“Also, I have volumes of information on these areas and have visited both settlements two times,” she said.
Karen’s library includes family histories, books, maps, census lists as well as books on the general history of the areas. She also has access to two large historical libraries through we she can help people with research: the Center for Mennonite Brethren Studies (CMBS) at Tabor College, Hillsboro, Kan., and the Mennonite Library and Archives (MLA) at Bethel College in North Newton, Kan. She notes there also is a vast amount of Mennonite family histories available online.
Karen’s husband also is 100 percent GR and she’s found that being a VC – in addition to allowing her to help others – also has helped her learn more about her own family. Several inquiries in the last year involved ties to several of her families, as well as her home church, the first Mennonite Brethren Church in North America – Ebenfeld, Hillsboro, Kan. – which all four of her great-grandparents helped found.
She recommends others consider the VC role. “It is a rewarding way to make people more interested in AHSGR and to promote our wonderful organization,” she said.
Karen can be reached at kpen@cox.net
Jorge Bohn
Streckerau / Marienberg / Neu-Kolonie
I am currently Coordinator for Streckerau villages, Marienberg (Мариенберг), and Neu-Kolonie (Кустарево-Краснорыновка).
Before becoming Coordinator, I studied my ancestral villages for several years: Keller, Neu Kolonie, Kohler, Vollmer, Husaren, Dehler, Streckerau and Marienberg. Thus, in the search for contacts, I opened my first page, dedicated to the village from which my direct ancestors set out for the Argentine Republic. On the same page I also published notes, comments, records, photos and others from the village Marienberg, neighbor of Streckerau, where also lived ancestors.
One of the friendships that emerged from maintaining that activity was to get in touch with, and eventually become a friend and counselor of Dodie Rotherham. She was the one suggested to me and asked if I could consider applying for coordinator of Streckerau. So I did, and it was the beginning of this adventure through the corners of our history. This happened about five years ago. Soon after, because the intimate interconnection between both villages, I applied to be coordinator of Marienberg.
And relatively recently, and at the suggestion of the same friend, I applied to be the coordinator of the village Neu-Kolonie (where my first ancestor of German origin died.
Over the years I have collected a huge amount of material (books, censuses, notes, comments, records, photos) that I regularly share on my internet sites, which are several:
Russiangermans Repository: https://web.facebook.com/groups/534696460009210/
Streckerau: https://web.facebook.com/groups/534696460009210/
Jorge Bohn Notes: https://web.facebook.com/jorgebohnnotes/
And one very dear to my affections, dedicated to the colonies founded by Germans of Russia where I was born:
Pueblo San Jose, Buenos Aires, Argentina: https://web.facebook.com/PuebloSanJose/
Thanks to the courtesy of Ted Gerk, I am co-manager of the Volga Germans Research Community page: https://web.facebook.com/VolgaGermanResearchCommunity/
And I co-administered, at the invitation of its founder, the Facebook site dedicated to Neu-Kolonie: https://web.facebook.com/groups/394468140720052/ and Russian Germans International group: https://web.facebook.com / Groups / russiangermansinternational/
All this activity has been beneficial, not only for allowing me to be in contact with people from different countries (Argentina, United States, Canada, Germany and Russia), but also to receive from each and every one of them, as well as from other coordinators, valuable information not only useful for my research, but to help many people who communicate from almost all those countries in search of information about their ancestors.
In 2016 I was fortunate to be able to attend the Annual Convention of the AHSGR, where I presented a work, an experience that has not only nurtured and strengthened my work, but also allowed me to share beautiful moments with people I only knew by correspondence or being contacts in the different social networks and lists of communication.
All this leads me to advise anyone who has a sincere love and desire to know more about his ancestral village, as well as acquire the knowledge that allows all of us to cooperate with so many descendants that live throughout our world. And you will have the benefit of having all the help you will receive from the AHSGR staff in your task.
Sylvia M. Hertel
Bergdorf / Marienberg / Teplitz (Black Sea)
Sylvia Hertel has been a village coordinator for about a year. Her reasons for volunteering were her love for doing family history, her desire to contribute to the preservation of our culture, to help others find their family history and to find some of her own in the process.
She depends heavily on the GCRA publications: Glueckstal Colonies, Births and Marriages: 1833-1900 and Deaths: 1833-1900 (two books); The Emigration from Germany to Russia in the Years 1763 to 1862, by Karl Stumpp; The Glückstalers in New Russia and North America: A Bicentennial Collection of History, Genealogy and Folklore, also published by the GCRA; Marienberg: Fate of A Village, by Johann Bollinger and Janice Huber Stangl, pub. in 2000 by the GRHC in Fargo, North Dakota, Colony Teplitz, by Herbert Weiss, pub. 1978?, by the GRHS, this book is not copyrighted and is a translation of the German version History of the Colony Teplitz, by T.J. Schmierer; Teplitz, Bessarabia: 1835 and 1850 Censuses (two books), compiled jointly by the GRHS and Heimatmuseum der Deutschen Aus Bessarabia. Along with these, she has the 2015 GCRA data stick, which contains images of the civil records for the four mother colonies in the Glückstal District, which includes Bergdorf, and many records on DVDs for the Bessarabia District. On occasion, she also has consulted town jubilee books from North and South Dakota.
For the purpose of sorting out surnames and their various spellings, and translation of documents and records in German, she uses the Deutsches Namenlexikon, by Hans Bahlow (1967), by Keysersche Verlagsbuchhandlung GmbH, München, Deutschland, pub. 1972 in Frankfurt a/M, Deutschland; Langenscheidt's Standard Dictionary, of the English and German Languages, by Professor Edmund Klatt, 6th Edition by Dr. Dietrich Roy, (1970), by Langenscheidt KB, Berlin and Munich, printed in Great Britain, second printing in 1974. These books were handed down to her, but she later discovered that they are highly recommended by professional genealogists. Another aid for translation purposes is http://omniglot.com/. It is a site for languages all over the world that includes examples of both printed and handwritten alphabets.
The benefits stem from the fact that Sylvia's own family lines come from these villages. Benefits include meeting "new" cousins, adding family to and finding errors in her own lines, but also just enjoying the research aspect of doing genealogy (puzzle solving/detective work). She describes herself as "an incorrigible history addict," so she enjoys learning more about the history of her Black Sea villages and her family who lived there.
To prospective VCs, she says, "If you have the desire, go for it."
Contact Sylvia at sdak.goth1@gmail.com.
Judy Remmick-Hubert
Judy has been a Village Coordinator with AHSGR since the 1980s. She became interested in being a VC because her maternal grandparents were born in Borodino in 1885.
She says the following of her collection that she uses to help others with their research: "I have just completed 38 booklets that deal with the genealogy of the first colonists of Borodino, and have used all kinds of material including letters from descendants of others who are linked to Borodino."
On the benefits of being a Village Coordinator with AHSGR: "I have gained many friends, and have a better look at history of not just family members but also of Russia."
To someone considering becoming a Village Coordinator: "It takes a lot of time if a person wants to collect all the material of their village. The cost can be as little or as as much a person can afford. There are many of us who can help them get started. Just the gaining of new friendships is worth all your efforts. And the wealth of learning about the general history of German-Russians will open up a person's eyes about ourselves, This includes such things as "Why do we celebrate Christmas with the traditions we do? And why do families have different traditions than they do? Has their family ever hidden a pickle in their Christmas tree or baked gingerbread men because that's what they did when they were kids?"
Gary Martens
Dobrinka, Galka, Holstein, Mueller, Neu-Weimar, Wiesenmueller,
Alt-Schilling, Schilling, Neu-Schilling I and Neu-Schilling II
I became as VC for Alt-Schilling in late 1997.I wanted to find out more about the village where my great-grandfather was born. After several years of research, I was able to help others with ancestors from Schilling enabling them find out more about their ancestors. I took over as VC of Schilling when the first VC, Samuel Sinner needed time to do research for his Master’s and Ph.D degrees at the University of Nebraska. Samuel's research led to the publication of the landmark book detailing the genocide of German-Russians in Russia between 1915 and 1949, “Open Wound: The Genocide of German Ethnic Minorities in Russia and the Soviet Union: 1915-1949 and Beyond”.
I became a VC for Dobrinka and Galka about 15 years ago. In 2008 I acquired all available church records for those two villages, and spent several thousand hours translating the records.The acquisition of those records from the Russian Archives was made possible by contributions from over 50 people.
I maintain websites for Schilling: http://www.schillinggr.org/, Dobrinka: http://www.dobrinka.org/, and Galka: http://www.galkagr.org/.
In 2016 I became the VC for Holstein and Mueller. These villages are part of the Lower Volga Village Project: http://www.lowervolga.org/.I am the webmaster for that website, and am in the process of building a database for the 10 villages in that project.
I became the VC for Neu-Weimar several years ago. Neu-Weimar was the home of some of my grandmother’s relatives and family from Dobrinka.
I became the VC for Wiesenmueller several years ago, and the interest in that village was the connections to many people in the Lower Volga Village Project. Church records for Wiesenmueller are very limited.
Most people, when they start researching their German-Russian ancestors, don’t know which village they lived in before immigrating. How easily a person can connect to families in Russia first depends on the village, and further research will depend on whether the village was an original village or a daughter colony (village). There are church records for many of the original villages, from 1857 to the 1890’s. For most daughter colonies, the only records are the first settler list when the daughter colony was created, but church records usually are limited to several years after 1900. The most important thing people need to realize is that purchasing records from the Russian Archives is extremely expensive, nothing like researching people living in the US.
If people are interested in learning more about how people lived in Russia, they need to become members of AHSGR, and start acquiring information on the history of the German-Russians. There are many excellent articles in the AHSGR Journal that have been published since the founding of AHSGR in 1968. Copies of the Journals are available from the AHSGR online store. A history of the German-Russians can found in “From Catherine to Khrushchev: The Story of Russia’s Germans” by Adam Giesinger, and several other books. An excellent website about Volga Germans is The Center for Volga German Studies: http://cvgs.cu-portland.edu/index.cfm. There are Facebook pages for some villages, and the content depends on the village.
My biggest benefit in being a VC is being able to help people from the US, Canada, Germany, Russia, Argentina and other countries in researching their German-Russian ancestors. Researching German-Russians can be a monumental and costly undertaking for individuals.
If a person is considering becoming a VC, acquire all the information you can about the village of interest, and genealogy information about people who settled in the village and lived there, and be willing to help people in a timely manner.
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Cambridge Companions to Literature: The Cambridge Companion to Children's Literature
M. O. Grenby • Andrea Immel
Serie: Cambridge Companions to Literature
Some of the most innovative and spell-binding literature has been written for young people, but only recently has academic study embraced its range and complexity. This Companion offers a state-of-the-subject survey of English-language children's literature from the seventeenth century to the present. With discussions ranging from eighteenth-century moral tales to modern fantasies by J. K. Rowling and Philip Pullman, the Companion illuminates acknowledged classics and many more neglected works. Its unique structure means that equal consideration can be given to both texts and contexts. Some chapters analyse key themes and major genres, including humour, poetry, school stories, and picture books. Others explore the sociological dimensions of children's literature and the impact of publishing practices. Written by leading scholars from around the world, this Companion will be essential reading for all students and scholars of children's literature, offering original readings and new research that reflects the latest developments in the field.
Författare: M. O. Grenby, Andrea Immel
Del i serien: Cambridge Companions to Literature
Förlag: Cambridge University Press
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October Is Down Syndrome Awareness Month
Occupational therapy assistants deal with a variety of conditions and diagnoses. Down syndrome is one of the most prominent conditions that professionals such as occupational therapy assistants see in their work. October is also Down Syndrome Awareness Month. It’s a month dedicated to shedding light on Down syndrome and recognizing that people affected by it can lead fulfilling and active lives.
Related resource: What Is an Occupational Therapy Assistant?
Down syndrome (also known as trisomy 21) is a genetic disorder caused by the presence of an additional chromosome, specifically chromosome 21. Parents of children with Down syndrome are often genetically typical. The additional chromosome appears by chance, and so far no research has confirmed that any factors such as parental lifestyle or activities make Down syndrome more likely. Down syndrome affects approximately one in every 700 babies in the United States, making it the most common chromosomal condition in the country.
The disorder draws its name from John Langdon Down, a British physician who described it in 1866. However, Down syndrome has probably been with us for all of human history, even though it has only been named in the last two centuries. In the early part of the 20th century, it was standard practice in the United States to institutionalize people with Down syndrome. That practice has fallen away in favor of care in home, schools, and workplaces.
Related resource: Eldercare and You
What Down syndrome means
Down syndrome manifests itself in different ways in different individuals, but there are some broad, common factors. People with Down syndrome tend to experience delayed physical and cognitive growth, and are more likely to experience other health problems such as leukemia, periodontal disease, and congenital heart defects. Individuals with Down syndrome also express recognizable facial characteristics of the condition, but this is not universal.
One piece of good news regarding Down syndrome is that the lifespan of people affected by it has dramatically increased. In earlier decades, individuals with Down syndrome had dramatically shorter life expectancies, but people affected by it can now live for over 60 years. That means with effective treatment and management, individuals with Down syndrome can live fully actualized lives. This can include employment; many people with Down syndrome are employed in supported environments that can take their condition into account.
Related resource: National Family Caregivers Month
The role of occupational therapy and Down syndrome
Down syndrome doesn’t have a cure. However, it’s possible to increase quality of life for people who are born with it and to manage their symptoms. Occupational therapy’s role with Down syndrome is to allow people who suffer from it to gain the essential skills for daily and independent living. Occupational therapy assistants can help an affected person perform daily tasks and live independently.
For information about Ameritech’s OTA program, check out our free e-book, ”7 Fast Facts About Our OTA Program”, and keep in touch with the Ameritech community on Facebook.
5 Nursing Specialties That Require a BSN Degree
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A Day in the Life of a Certified Nurse Midwife
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Having More Sex
Didn't Get Lucky Enough Last Year? Here's How You're Going To Have A Steamier 2015
Lindsay Tigar
Judgment-free zone here: Did you have as much sex in 2014 as you would have liked?
For most men, the answer is usually an resounding "no" — regardless of whether you're in a relationship or if you’re single. In fact, according to Kinsey Research, 23% of non-married men reported never having sex in the past year, 25% said it was only a few times, 26% say in the past month, while only 19% claimed two to three times a week, and a very low 7% said more than four times a week.
While Kinsey also says that 18- to 29-year-olds have sex an average of 112 times a year and 30- to 39-year-olds only get up to 86 — it doesn’t matter how much sex you should be having, it’s how much you’d like to be having.
So you might be thinking about cutting back on the booze for your New Year’s resolution or to get that promotion you’ve been eyeing for months — but here’s another check-box to add to your wishlist for 2015: more, more, more sex!
How To Break A Dry Spell
If 2014 was a great year, minus the fact that you didn’t get laid as often as you’d like, try your best not to lower your standards and just to do the dirty, sex therapist Vanessa Marin warns. She says having bad sex can actually make the dry spell worse, and make your craving for it only intensify. The same goes for sleeping with an ex just for the orgasm — emotionally, it won’t get you out of the lonely feelings you’re experiencing.
So how do you keep your hopes — and your member — high? “Decide to stay in ‘the game’ even when you aren’t getting laid. Make an effort to go out and meet new people,” sex therapist and author, Dr. Kat Van Kirk says. “The main thing is to not fall into desperation mode. It’s not good for your self-esteem and it certainly won’t attract the type of person that you would probably want to sleep with. The more confidence you have in yourself, the more likely you are to break the dry spell.”
What Should You Aim For?
The amount of sex that men need is very dependent on the individual, but the most important thing to do when you’re looking for more booty is to keep your equipment healthy. “If you aren’t having sex at least a few times per month, you should at least be masturbating on a regular basis,” Dr. Kirk says. “There is something to the old adage of ‘you don’t use it, you lose it.’” Another thing to stay away from is comparing yourselves to the guys — especially when you never know who is telling the truth or not. Your buddy with the hot girlfriend might actually be a wet fish in bed, and that crazy, awesome oral sex and intercourse he’s claiming they’re having — might not actually be the case. Marin says, “It's easy to compare ourselves to others, but what works for one person's sex life doesn't always work for another’s.”
Consider What You Want
One of the big reasons that men have a hard time wooing the ladies into the bedroom is because they send mixed signals. If you want to have more sex in 2015, take some time to do a little soul searching and figure out what you’re looking for: just sex? Love? A relationship? When a girl feels comfortable around you and safe, she’s more likely to want to have sex, but also, likely want to something more too.
Experts suggest to really go after relationships, as opposed to one-night stands. Even if you’re not ready to settle down, being in a short-term relationship (that yes, could lead to something more serious) will create better sexual experiences than random hook-ups after a night out on the bar (we all know that whiskey dick is definitely a real thing!). While it’s probably more work to actually date than to hit on girls at your neighborhood pub, putting the extra effort will get you laid more — almost guaranteed.
Sexual Pleasure
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Take Charge of Your Sexual Health With These Products
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Made in Abyss Compilation Films Reveal Visual, January Premieres
posted on 2018-07-26 11:45 EDT by Jennifer Sherman
1st film debuts on January 4, followed by 2nd on January 18
The official website for the Made in Abyss anime revealed a key visual for the series' first theatrical compilation film on Friday. The website also revealed that the first film will open in Japan on January 4, followed by the second film on January 18.
The first film is titled Made in Abyss: Tabidachi no Yoake (Journey's Dawn), and the second film is titled Made in Abyss: Hōrō Suru Tasogare (Wandering Twilight).
The first 13-episode anime series premiered in Japan last July. Sentai Filmworks licensed the series and will release it on Blu-ray Disc on October 23. The English-subtitled version of the show streamed in the United States on Amazon 's Anime Strike service, and HIDIVE streamed the series outside of the United States. The dub will also stream exclusively on HIDIVE later this year.
Production of a sequel is underway.
In the story, an enormous pit and cave system called the "Abyss" is the only unexplored place in the world. Strange and wonderful creatures reside in its depths, and it is full of precious relics that current humans are unable to make. The mysteries of the Abyss fascinate humans, and they head down to explore. The adventurers who venture into pit are known as "Cave Raiders." A little orphan girl named Rico lives in the town of Ōsu on the edge of the Abyss. Her dream is to become a Cave Raider like her mother and solve the mysteries of the cave system. One day, Rico starts exploring the caves and discovers a robot who resembles a human boy.
The anime is based on Akihito Tsukushi 's manga of the same name. Seven Seas Entertainment licensed the manga and released the first volume on January 23. Takeshobo published the manga's seventh volume in Japan on Friday.
Sources: Made in Abyss anime's website, Comic Natalie
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Term of 15th Finance Commission extended up to November 30
Updated : 2 days, 9 hours ago IST
New Delhi [India], July 17 (ANI): The Union Cabinet on Wednesday approved the extension of the term of the 15th Finance Commission, headed by N K Singh, up to November 30.
Cabinet provides Rs 330 cr for unpaid employees of three pharma PS
New Delhi [India], July 17 (ANI): The Union Cabinet on Wednesday approved budgetary support of Rs 330.35 crore as loan for meeting liabilities of about 1,000 employees of three public sector pharmaceutical companies.
Cabinet approves setting up of National Medical Commission
New Delhi [India], July 17 (ANI): The Union Cabinet on Wednesday approved the National Medical Commission Bill, 2019 that provides for the setting up of a medical commission in place of Medical Council of India (MCI) and repeal of the Indian Medical Council Act, 1956.
Dhanlaxmi Bank posts Q1 net profit of Rs 19.8 crore vs loss of Rs
Updated : 2 days, 10 hours ago IST
Mumbai (Maharashtra) [India], July 17 (ANI): Kerala-based Dhanlaxmi Bank on Wednesday reported a net profit of Rs 19.84 crore in the April to June quarter as against a loss of Rs 44.99 crore in Q1 of FY19.
MCX's total income up 30 pc to Rs 111 crore in Q1 FY20
Mumbai (Maharashtra) [India], July 17 (ANI): Multi Commodity Exchange of India Ltd (MCX) has reported total income of Rs 110.84 crore in the first quarter of current financial year, up 30 per cent from Rs 85.43 crore in the corresponding quarter ended June 30, 2018.
Christine Lagarde steps down as IMF's Managing Director
Washington DC [USA], July 17 (ANI): Managing Director of the International Monetary Fund (IMF) Christine Lagarde has resigned and is awaiting confirmation to take over as the new president of European Central Bank (ECB).
Amy Schumer shares joy of Emmy nomination on social media
Washington D.C. [USA], July 17 (ANI): Celebrations doubled for new mom Amy Schumer as she bagged a nomination in this year's Emmy for Outstanding Writing for a Variety Special.
Emmys 2019: Beyonce's 'Homecoming' documentary lands six nominatio
Washington D.C. [USA], July 17 (ANI): Hold your breath Beyhive, singer-songwriter Beyonce may be heading to the 2019 Emmys!
Delhi: Union Cabinet to meet today
New Delhi [India], July 17 (ANI): A meeting of Union Cabinet is scheduled to take place here on Wednesday afternoon.
Scientists create vegan ice-cream from genetically modified yeast
California [USA], July 17 (ANI): Cool treats are a perfect way to fend off the summer temperatures and what else can be a better summer treat than having a delicious ice cream. But have you ever thought of having an ice-cream grown in a laboratory?
Haryana cabinet approves setting up of Sports University at Rai
Sonepat (Haryana)[India], July 16 (ANI): The Haryana cabinet has approved the setting up of Haryana Sports University at Rai, Minister Anil Vij said on Tuesday.
Netflix edits suicide scene from '13 Reasons Why'
Washington D.C. [USA], July 16 (ANI): After triggering controversy over the suicidal scene from the first season of Netflix's '13 Reasons Why,' the digital platform along with the show's creative head Brian Yorkey have edited the scene.
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Chicago announces new police training for dealing with mentally ill
Jan 29th 2016 12:47PM
CHICAGO, Jan 29 (Reuters) - Chicago Mayor Rahm Emanuel, facing sharp criticism over police shootings of civilians, announced reforms on Friday to address how police and other emergency workers respond to the mentally ill, including new crisis training for officers.
Last month, a police officer responding to a call by a father who said his son was threatening him with a baseball bat fired into a home, killing both an emotionally-troubled college student and an innocent bystander.
Both the families of Quintonio LeGrier, 19, and Bettie Jones, a 55-year-old mother of five, have sued the city. Police later admitted that Jones was shot by accident.
See photos from a similar training the NYPD completed:
NYPD train on how to handle mentally ill
Recently released 911 emergency calls revealed that LeGrier had called police three times asking for help before he was shot, but the dispatcher hung up on him when he would not give his name.
The reforms would increase the number of officers who receive a 40-hour "Crisis Intervention Team," training course, which teaches the best ways to de-escalate situations with people in crisis, especially the mentally ill, the mayor's office said.
The number of officers who receive this training would expand to 2,800 from 1,890 this year, so each district will have a CIT officer staffed on every watch.
In addition, all of the department's 12,000 police officers would receive eight hours of training on mental health awareness, and 911 dispatchers will be trained on identifying situations requiring crisis-intervention tactics.
The city also plans to find ways to improve access to mental health services. Emanuel has been criticized for closing six mental health clinics in low-income, high-crime neighborhoods.
Costs for the additional training were not immediately available.
The U.S. Justice Department is currently investigating the Chicago police's use of deadly force, among other issues.
High-profile killings of minorities by mainly white police officers have led to a national debate over the use of deadly force by the police. Both LeGrier and Jones were black and the officer who shot them was white.
Alexa James, executive director of the National Alliance on Mental Illness Chicago, praised the plan for more crisis training as "an important and necessary step."
But community activist Gregory Seal Livingston, who has been among those calling for Emanuel's resignation over police shootings, said he was "incredibly skeptical" that anything will get done.
"Whatever trust he had with the public has been eroded," Livingston said of the mayor. (Reporting by Mary Wisniewski, editing by G Crosse)
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Carly Fiorina unleashes a litany of zingers against Hillary Clinton
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Nick Young responds to Iggy Azalea cheating allegations: 'People f**k up'
Jennifer Drysdale
Jul 2nd 2016 5:12PM
Weeks after his split from Iggy Azalea, Nick Young is finally telling his side of the story -- kind of.
While Azalea has had a lot to say since her breakup from the 31-year-old NBA pro in June, it seems her recent allegations of cheating prompted Young to finally speak up. Young took to Twitter on Friday night to defend himself against the allegations, although his statements seem to confirm his infidelity.
WATCH: Iggy Azalea Dumps Ex Nick Young's Belongings Outside, D'Angelo Russell Makes Fun of Cheating Controversy
"If you perfect then be perfect," Young wrote to his followers on Friday night. "I live in a world where ppl f**k up learn from it and move on ..."
If you perfect then be perfect I live in a world where ppl fuck up learn from it and move on ...
— Nick Young (@NickSwagyPYoung) July 2, 2016
The basketball player said the situation is just part of "life," which he's going to keep living regardless of people's opinions. "That's life hate me or love me I'm still going to love life man," he added minutes later.
That's life ... hate me or love me I'm still going to love life man
Young's statements are clearly a response to Azalea's earlier allegations that his cheating was cause for their breakup. While the 26-year-old rapper touched on the cheating rumors that surfaced earlier this year in her announcement of the split, writing, "Unfortunately although I love Nick and have tried and tried to rebuild my trust in him, it's become apparent in the last few weeks I am unable to," it wasn't until Thursday that she alleged she had actually caught the Lakers star with other women.
"I broke up with Nick because I found out he had brought other women into our home while I was away and caught them on the security footage," Azalea wrote via Twitter on Thursday.
I broke up with Nick because I found out he had brought other women into our home while I was away and caught them on the security footage.
— IGGY AZALEA (@IGGYAZALEA) June 30, 2016
"This is just like a second shot to the chest. And I feel like I don't even know who the hell it is I've been loving all this time," she added.
This is just like a second shot to the chest. And I feel like I don't even know who the hell it is I've been loving all this time.
WATCH: Iggy Azalea's Former Mentor T.I. Was Surprised by Nick Young Split: 'They Were Kinda Glued Together'
Azalea's revelations of cheating weren't the only details she shared with fans on Thursday. The "Team" rapper also opened up about "baffling" rumors that Young was expecting a baby with Keonna Green, the mother of his 4 year old son, Nick Jr.
See what Azalea had to say about the rumors in the video below.
See images of Iggy Azalea:
BEVERLY HILLS, CA - FEBRUARY 07: Iggy Azalea arrives at The Grammy Awards Pre-Grammy Gala held at The Beverly Hilton Hotel on February 7, 2015 in Beverly Hills, California. (Photo by Michael Tran/FilmMagic)
LOS ANGELES, CA - FEBRUARY 07: Recording artists Iggy Azalea (L) and Rita Ora perform onstage during the Pre-GRAMMY Gala and Salute To Industry Icons honoring Martin Bandier at The Beverly Hilton Hotel on February 7, 2015 in Beverly Hills, California. (Photo by Lester Cohen/WireImage)
BEVERLY HILLS, CA - FEBRUARY 07: Jennifer Hudson and Iggy Azalea perform onstage during The Grammy Awards Pre-Grammy Gala held at The Beverly Hilton Hotel on February 7, 2015 in Beverly Hills, California. (Photo by Michael Tran/FilmMagic)
CHICAGO, IL - DECEMBER 18: Rapper Iggy Azalea performs onstage during 103.5 KISS FM's Jingle Ball 2014 at Allstate Arena on December 18, 2014 in Chicago, Illinois. (Photo by Gabriel Grams/FilmMagic)
MIAMI, FL - DECEMBER 21: Charli XCX (L) and Iggy Azalea perform onstage during Y100's Jingle Ball 2014 at BB&T Center on December 21, 2014 in Miami, FL. (Photo by Larry Marano/Getty Images for iHeartMedia)
CHICAGO, IL - DECEMBER 18: Singer Iggy Azalea attends 103.5 KISS FM's Jingle Ball 2014 at Allstate Arena on December 18, 2014 in Chicago, Illinois. (Photo by Daniel Boczarski/Getty Images for iHeartMedia)
CHICAGO, IL - DECEMBER 18: Rapper Iggy Azalea (L) and singer Rita Ora perform onstage during 103.5 KISS FM's Jingle Ball 2014 at Allstate Arena on December 18, 2014 in Chicago, Illinois. (Photo by Adam Bettcher/Getty Images for iHeartMedia)
WASHINGTON, DC - DECEMBER 15: Iggy Azalea attends the 2014 Hot 99.5 Jingle Ball at Verizon Center on December 15, 2014 in Washington, DC. (Photo by Taylor Hill/WireImage)
BOSTON, MA - DECEMBER 14: Singers Charli XCX and Iggy Azalea perform during Kiss 108's Jingle Ball 2014 at TD Garden on December 14, 2014 in Boston, Massachusetts. (Photo by Mike Lawrie/WireImage)
BOSTON, MA - DECEMBER 14: Iggy Azalea performs onstage during KISS 108s Jingle Ball 2014, presented by Market Basket Supermarkets at TD Garden on December 14, 2014 in Boston, Massachusetts. (Photo by Taylor Hill/Getty Images for iHeartMedia)
BOSTON, MA - DECEMBER 14: Iggy Azalea attends KISS 108s Jingle Ball 2014, presented by Market Basket Supermarkets at TD Garden on December 14, 2014 in Boston, Massachusetts. (Photo by Mike Coppola/Getty Images for iHeartMedia)
HOLLYWOOD, CA - AUGUST 22: Singer/songwriter Charli XCX (L) and recording artist Iggy Azalea perform onstage during a 2014 'MTV Video Music Awards' concert with Sam Smith And Iggy Azalea presented by Time Warner Cable and Lifebeat at Avalon on August 22, 2014 in Hollywood, California. (Photo by Frazer Harrison/MTV1415/Getty Images for MTV)
HOLLYWOOD, CA - AUGUST 22: (EDITORS NOTE: Image processed using digital filters) Singer/songwriter Charli XCX (L) and recording artist Iggy Azalea perform onstage during a 2014 'MTV Video Music Awards' concert with Sam Smith And Iggy Azalea presented by Time Warner Cable and Lifebeat at Avalon on August 22, 2014 in Hollywood, California. (Photo by Mark Davis/MTV1415/Getty Images for MTV)
HOLLYWOOD, CA - AUGUST 22: Singer Rita Ora (L) recording artist Iggy Azalea perform onstage during a 2014 'MTV Video Music Awards' concert with Sam Smith And Iggy Azalea presented by Time Warner Cable and Lifebeat at Avalon on August 22, 2014 in Hollywood, California. (Photo by Frazer Harrison/MTV1415/Getty Images for MTV)
HOLLYWOOD, CA - AUGUST 22: Recording artists Rita Ora (L) and Iggy Azalea perform at a 2014 'MTV Video Music Awards' concert with Sam Smith And Iggy Azalea presented by Time Warner Cable and Lifebeat at Avalon on August 22, 2014 in Hollywood, California. (Photo by Mark Davis/MTV1415/Getty Images for MTV)
HOLLYWOOD, CA - AUGUST 22: (EDITORS NOTE: Image processed using digital filters) Recording artists Iggy Azalea (L) and Rita Ora perform onstage during a 2014 'MTV Video Music Awards' concert with Sam Smith And Iggy Azalea presented by Time Warner Cable and Lifebeat at Avalon on August 22, 2014 in Hollywood, California. (Photo by Mark Davis/MTV1415/Getty Images for MTV)
HOLLYWOOD, CA - AUGUST 22: Recording artist Iggy Azalea performs onstage during a 2014 'MTV Video Music Awards' concert with Sam Smith And Iggy Azalea presented by Time Warner Cable and Lifebeat at Avalon on August 22, 2014 in Hollywood, California. (Photo by Jason Kempin/MTV1415/Getty Images for MTV)
HOLLYWOOD, CA - AUGUST 22: Recording artist Iggy Azalea performs onstage during a 2014 'MTV Video Music Awards' concert with Sam Smith And Iggy Azalea presented by Time Warner Cable and Lifebeat at Avalon on August 22, 2014 in Hollywood, California. (Photo by Frazer Harrison/MTV1415/Getty Images for MTV)
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ActionComedyFilmHorrorInterviewsSci-Fi
14th October 2018 David Dubrow Leave a Comment
Marko Mäkilaakso, director and co-writer of the sci-fi comedy/horror film It Came from the Desert, was kind enough to let us ask him some questions about his movie, his background, and his thoughts about horror and filmmaking.
David Dubrow: Your movie It Came from the Desert is based on a video game from 1989. Did the lukewarm critical response to other films based on video games give you any concern? What makes this movie different from other game-based films?
Marko Mäkilaakso: No, I wasn’t concerned about the critical response to the film or critical response to other video game-based films. I always knew that It Came from the Desert is the kind of film that will split the audience in half. Either you love it or hate it. What makes this different from other video game-based films is maybe that it’s not a direct adaptation of the original game. It plays more like a live-action sequel and this of course gives the filmmaker a lot of freedom.
David: Tell us about the challenges of filming in the desert. How did the actors and crew hold up? How did you hold up?
Marko: Well, first of all it’s very hot! The heat makes things harder for everyone. After a full day of filming in the desert, seeing a pool and ocean (where our accommodations were located) was like Heaven, but beyond that it’s just your normal challenging filmmaking with limited budget and time. The film is very busy with lots of locations, stunts and effects, and you really need to run when filming so you can get everything in time. There’s no money to go overtime, so you better know what you’re doing! For the actors the heat was of course hard, and I felt so bad putting the guys into these black military/bike outfits and making them act under +40 degrees take after take.
Then, on the other hand, all the interiors were shot in cold winter Finland and most of those locations were freezing cold with no heating inside. The entire crew was in heavy winter outfits and our leads ran around in t-shirts, etc. Respect to the actors. They made it look easy, but I know how damn hard it is to keep your spirits up in heat or extreme cold. For me it was crazy fun, both ways. There was only one moment when I didn’t have enough water in the desert and I suddenly felt really dizzy and weird during the filming of a scene. But after an hour with lots of water I was back in action with full speed!
David: You combine CGI, practical effects, and stunts very effectively. Can you tell us a bit more about that process?
Marko: Action comes very easy for me. I love it, everything about it. Reacting to CGI, practical or stunts is just part of the great fun of making these type of films. My only regret is the time and money. Oh boy, what I could have done if there had been millions!
David: There are a number of funny scenes in the film, as well as some lines that are best described as hysterical. Is this your first comedy production? Who wrote the best lines?
Marko: Ha! Nice to hear. This is my second comedy; my first was a more family-friendly kids movie, but it also has a similar Looney Tunes tone in comedy. We wrote a funny script with Hank Woon and Trent Haaga, but lots of the gags and stuff happened also during filming. So much of the comedy has to do with casting the movie right. I think we had the perfect actors. They got the tone and made things better and better. This allowed me to play and improvise in almost every scene and make things which were funny in the script even funnier. My influence for Brian and Lukas characters were Bill and Ted from Bill & Ted’s Excellent Adventure / Bogus Journey. I love that kind of “dude” humor and wanted to make my own “Bill & Ted’s Extreme Monster Adventure” (quote from film critic Torsten Dewi).
David: What’s your filmmaking background? Is It Came from the Desert the kind of movie you thought you’d make when you first started out?
Marko: I actually started out doing very serious stuff, drama short films and then slick music videos, etc, but I’ve always been influenced by the work of Steven Spielberg, Joe Dante, John Landis, John Carpenter, Tim Burton, Robert Zemeckis, Peter Jackson, etc. Even though I love epic dramas like Braveheart, Titanic, Forrest Gump, and action films like Lethal Weapon, Predator, and Die Hard, there’s something really honest about 1980s B movies like American Ninja, King Solomon’s Mines, and Masters of the Universe, and older 1950s monsters films. They just have this candid honesty about them and I love that!
It Came from the Desert is inspired by the films I grew up with and love. It’s actually the most perfect film to show who I am as director. That’s why this is my most personal film. The story, characters, action and comedy is pure me! It’s like living your childhood games again when making this kind of a film. It’s not perfect, but it has my heart and that’s the biggest and most honest thing I can give to a film.
David: You’re also the writer and director of War of the Dead, another horror film. Is horror your favorite genre to work in?
Marko: I love horror, but not exclusively. I love films and filmmaking! I watch all kind of films… and… well, I LOVE FILMS! I feel very comfortable with the kind of genre where I mix action, comedy, and little bit of horror. I think this is pure me! But I would love to do a drama or musical someday. Hell! I’m just happy if I can make another film!
David: Where do you see the horror genre going, in regard to filmmaking? Does it have a bright future?
Marko: Yes, I think it has a bright future. The horror genre is like a cockroach. If everything else dies, it will survive! Horror has been popular since the beginning of films and it will never die. There’s some really awesome horror films coming out yearly and the great thing is that it’s economically good. You can make horror films with low budgets and with no stars and they can make a shitload of money! That’s a very hard thing to do with comedy or drama. Horror is such a creative and visual genre, and all you need is a talented filmmaker to give something new and fresh to the audience.
David: Given an unlimited budget, what would be your dream film project?
Marko: That would be a story I wrote a decade ago called ‘Wasteland’. It’s a futuristic western/action, horror/comedy. I developed it for years but unfortunately the project was never made… we’ll never say never.
David: Tell us your top five favorite horror films, in order.
Marko: Uuuh! That’s a tough one. I love so many horror films that if I put them in order I feel like I am not giving enough respect to the others, but okay man… for you, I’ll do this!
The Bride of Frankenstein
David: What are you working on now? What’s next for Marko Mäkilaakso?
Marko: I have several projects in development, but let’s see what gets financed first or if there comes a kick-ass offer from somewhere. I can’t wait to be on location again and shoot another film! Waiting for it is pure hell!
Action, Comedy, Film, Horror, Interviews, Sci-Fi 2010s, Cinemaware, It Came from the Desert, Marko Mäkilaakso, The Slaughtered Bird
⏪ REWIND← It Came from the Desert (2017, Finland / UK / Canada) Review
FAST FORWARD ⏩Defarious (2016, USA) Review →
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MADONNA’S APOLOGY TO AUSSIE FANS
August 26, 2012 by auspOp
Pop queen Madonna is obviously feeling the heat from her Australian fans after cancelling the planned local leg of her ‘M.D.N.A.’ world tour in the middle of last month.
Madonna was due to touch down here in January for stadium shows in both Sydney and Melbourne, but instead decided to conclude the tour with dates in South America later this year.
In the message, uploaded overnight, the singer says, “I know a lot of you are angry with me, upset with me, disappointed. I did everything I could, I thought long and hard about it and I decided that the best thing to do would be to end my seven months on the road at the end of the year.”
Have a listen below… And tell us what you think. Do you accept Madge’s apology as genuine?
Filed Under: Video Featuring: Madonna
Previous Post: « MORE MAFIA
Next Post: TOURING : Something For Kate »
Bitch please. Agree with the comments about that apology being the best acting performance of her life. “If” she was so concerned about her children she wouldn’t go on such long tours at all. Basically as usual the Australian tour either wasn’t gonna make enough money or the dates didn’t suit her so she cancelled. I’ll accept on honest apology which this most definitely wasn’t. When she says “well you know what the money wasn’t in it or the dates don’t suit me so come spend thousands of dollars and see me somewhere I can be bothered touring” and I will accept that apology.
as long as the tour comes out on dvd im happy with the apology
The Other Scott – like Anonymous below you, I spoke to her manager at an overseas show and he told me that they were definitely coming to Australia, and they were “really excited” about it. Ultimately, Madonna changed her mind, and she has a right to. She’d committed to eight concerts (not one or two, as has been suggested), venues and hotels had been booked etc. etc. It was happening. As for “Burning Up”, while it was released here in Australia late in 1983 and spent a week in the 90s, it actually didn’t become a hit here until mid-1984, on the back of the success of “Holiday”, so you’re a bit out there. We did give her her very first #1 single anywhere in the world, though.
Just went and saw her in Zurich. Got to speak to her manager and told him we were from Australia. He upgraded all of us to the golden triangle. The best concert I have ever seen. So close I could touch her.It does suck we have to travel to see her but she really does put on the most amazing show
The Other Scott says
If it was on the table that she might’ve canceled then it probably would have been a good idea to not make a big deal about coming in the press releases, etc.
She says ‘I know I didn’t come last tour’, but she fails to realise it’s actually been almost 20 years and 4 tours (The MDNA Tour will be the 5th) that she’s snubbed Australia. She also says that she’s not coming due to her duties as a mother – so what was her excuse exactly when she didn’t come on her two world tours before her first (and only) appearance in Australia? Obviously if the dollar sign isn’t big enough she won’t come.
If anything, I’d imagine she wanted to do one night in Melbourne and one night in Sydney, where organisers here wanted multiple and that may be why it was canceled.
Really, I think we can only cynically look at it as they announced it, knowing full well there was a high likelihood it wouldn’t happen, so they could drum up a few extra sales of MDNA in the hopes people would buy it in preparation.
You’d think she’d show a little more appreciation to the country that first gave her any kind of success with “Burning Up” way back in 1983, before even the US had even taken notice.
Robbie says
I think she is full of it! 20 years since she was last here! To me she is just using her kids as an excuse. She can tour South America but not here WTF? She can go to hell for i am concerned!!
So Madonna is choosing to put her family first…shame on her! How dare she?! Yes, I’m really disappointed that she’s not coming here (again!), but appreciate the fact that she bothered to record a message for us (from what she said, she believed that video was going to be put up – “I decided to film…”). New Zealand didn’t get an apology, nor did Japan or the countless other Asian countries that she’s not visiting. She chose to apologise to us, because she knows she let us down. As for the “3-4 days” that she’d be in Australia, that’s completely false – she was scheduled to be performing eight concerts from January 8th through to January 21st, plus 5 days of rehearsals, so you’re looking at close to three weeks at a time when her kids are supposed to be at school. Had she decided to come to Australia in November/December, rather than going to South America, then she probably wouldn’t have cancelled. Live Nation put those dates on sale first, though, because they were scheduled first. The Australian leg was happening – Madonna changed her mind, and now she’s told us why – her kids are more important. Who in their right mind can argue with that logic?
I’ll never buy her music again, watch any of her videos or listen to her songs if they play on the radio.
She has let us down numerous times, and the fact I was stupid enough to believe this time was different.
No Madonna, I don’t forgive you!
Stefani Germanotta says
Am over it… have accepted the fact she will never come here again and I’ll never see my favourite artist perform live. Thanks for the mention anyway M!
up yours too. who do you think we are……..douche bags???
Mykl_77 says
Not acceptable. She couldn’t even do a proper video where we could see her? It seems quite insincere, and what a stupid excuse.
She could of cancelled another city where she may have had a few concerts, or bought her kids over for the probably 3-4 days (maximum) in Australia.
she will never tour australia again. we are not profitable enough. if she genuinely wanted to tour here she would have and she would have dropped another country off her shedule. if she was so concerned about her kids she wouldnt tour at all.
Forgiven but not forgotten. Her bony arse had better be here next time
Scripted and fake. You have to ask why an image was used instead of her looking into the camera. Empty and an attempt to save face and sales.
WHAT. EVER.
she can go bite me
That is probably the best bit of acting she has done. She could have clinched that Oscar after all.
While this is good! i still do not know how i feel about this! I mean she could have not toured somewhere else and toured Australia instead. This to me seems like a way to help her still sell records here.
David Moore says
apology accepted. thanks for posting auspOp
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Till death do us part?
We’ve said it before, and we’ll say it again. Make a will, and make sure your loved ones are properly provided for.
Consider the recent case of a couple from the west country. We’re calling them a couple, because in terms of household and emotional ties, that’s what they were. But by some lights – and on a strict interpretation of the law, they weren’t.
For a start they weren’t married or civil partners. What’s more, one of them – the man with whose death this brief story begins – was still married to someone else. He lived with his partner, and had been estranged from his wife for the best part of two decades. And then, sadly, he died.
According to reports, the house that the couple owned was held by them as tenants in common. That means that they each owned a defined share, rather than each of them being entitled to all of it. That may sound like a legal technicality, but it had a really serious effect.
If you own property as joint tenants, then when one partner dies the survivor automatically becomes entitled to the whole. But if you own something as part of a tenancy in common, then your share becomes part of your estate when you die. And if your partner is not your heir, then your share of the property will go to someone else. For more information, see our page Joint property ownership.
That’s what happened here. The deceased’s share of the property passed to his estranged wife, who because they were not divorced was entitled as his spouse to inherit.
Does that sound right to you?
Family and dependants
Well it didn’t sound right to the court, either. Thankfully, there is a legal provision that covers this sort of eventuality. An Act from 1975 looks after family and dependants who have either been overlooked in a will, or would not receive anything under the rules of intestacy (the rules which apply when there is no will), if it would have been reasonable for them to be provided for.
Read more about disinheriting family and dependants.
The report we read wasn’t clear whether a will had been left, and even reading between the lines it doesn’t help, because owning houses as tenants in common is quite usual when people are in a second relationship and have previous family ties. It’s quite possible that the deceased intended his share to be held for his children. We don’t know. What we do know is that the court decided the partner was entitled to the home.
If there was a recent will, however, we imagine that the property might well have been disposed of clearly. And even if the property was expressed to go to the estranged wife, that same Act might have been invoked. Because it doesn’t just protect people who have been forgotten, but also those who have been deliberately omitted.
Avoiding the avoidable – make your will
Everyone’s relationships are serious. Sometimes those relationships change, and the way they impact on the practical sides of our lives can become more complicated as a result. But it’s far better to plan for those practicalities while you can.
As we said, the report we read was not a very full one. But we don’t need a lengthy analysis to know one thing: if you have a clear, up to date will, you will reduce hugely the chances of upset, dispute and stress, and the awful prospect for your loved ones of litigation, when they would rather be trying to deal with their loss.
If you have a will already – review it. And review it regularly. If you don’t have one – make one. You’ll be easier in your mind knowing that the right people are cared for.
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13 Reasons Why the Rape Myth Survives
Delphine Letort
The controversies triggered by the Netflix adaptation of Jay Asher’s young adult novel Thirteen Reasons Why (2007) have focused on suicide and downplayed discussions of rape as a central plot device. Making use of stereotypical characters (such as the cheerleader and the jock) and archetypal setting (including the high school), 13 Reasons Why delves into the reassuring world of the suburban town; it deals ambiguously with the entwined notions of gender and power encapsulated in the teenpic genre. A detailed analysis of the series indeed reveals that its causative narrative reinforces the rape myth by putting the blame on girls for events that happen to them. In this article I explore the tensions of a TV series that endorses the rape myth through the entertaining frame of the teenpic.
In Girlhood Studies
Published (Print):
Beautified Q1 Hamlet
Douglas Bruster
Q1 Hamlet (1603) routinely sets prose speeches so that they appear to be blank verse. This article argues that such was an attempt to confer prestige upon the text, particularly in the wake of the saturation of Shakespeare books on the literary marketplace around 1600 – a phenomenon that saw his prose works achieve less favour than those in pentameter. The publishers of Q1 Merry Wives (1602) and Q1 Hamlet may have hedged their bets on these Shakespeare texts by amplifying their verse, long the gold standard of the Shakespearean brand. Like The True Tragedie of Richard III (published 1594) and The Famous Victories of Henry V (entered 1594), which presented their opening pages to readers as iambic pentameter, Q1 Hamlet seems to have beautified its dialogue for readers in the early modern book marketplace.
In Critical Survey
Being a Girl Who Gets into Trouble
Narratives of Girlhood
Elaine Arnull
In this article I focus on the narratives of girls who describe the events that shape their lives and get them into trouble. The narratives are explored against Darrell Steffensmeier and Emilie Allan’s (1996) proffered Gender Theory, to consider whether it offers an adequate explanatory framework. The article adds to the body of knowledge about girlhood, gender norms, and transgression and provides fresh insight into the relevance of physical strength to girls’ violence. I conclude that girls are defining girlhood as they live it and it is the disjuncture with normative concepts that leads them into conflict with institutions of social control.
Black Girl Thought in the Work of Ntozake Shange
Naila Keleta-Mae
In this article I examine the performances of black girlhood in two texts by Ntozake Shange—the choreopoem “for colored girls who have considered suicide when the rainbow is enuf” (1977) and the novel Sassafras, Cypress and Indigo (1982). The black girls whom Shange portrays navigate anti-black racism in their communities, domestic violence in their homes, and explore their connections with spirit worlds. In both these works, Shange stages black girls who make decisions based on their understanding of the spheres of influence that their race, gender, and age afford them in an anti-black patriarchal world dominated by adults. I draw, too, from Patricia Hill Collins’s work on feminist standpoint theory and black feminist thought to introduce the term black girl thought as a theoretical framework to offer insights into the complex lives of black girls who live in the post-civil rights era in the United States.
Black Girls and Dolls Navigating Race, Class, and Gender in Toronto
Janet Seow
Doll play is critical in the formation of young black girls’ gender, race, and class identities. In this article, I use textual analysis that emphasizes how physical changes in dolls correspond to contextual shifts in society over the last seven decades, and qualitative research with ten Afro-Caribbean girls and young women in Toronto to reveal the racial and cultural meanings of dolls in young people’s everyday lives and how doll play is complicated by racist and classist representations of dolls. By exploring what doll play meant to them, I show how it helps black girls understand racial and gendered norms. Through doll play, girls reveal an understanding of their racialized identities and marginalization as they demonstrate unacknowledged skills in their ability to navigate barriers that reinforce racial inequalities and social hierarchies in girls’ material culture in a multicultural Toronto.
‘Brief Let Me Be’
Telescoped Action and Characters in Q1 and Q2 Hamlet
Tommaso Continisio
The first quarto of Hamlet offers a fundamentally distinct play from the versions contained in the second quarto and in the First Folio. Taking Q1 as an autonomous, finished text, and assuming that Q2 and F were not only printed but also written later, this article sets out to explore Shakespeare’s conception of key characters in this first version, how it took shape, and how and why his approach changed in subsequent revisions. In particular, I will concentrate on the characterisation of both female and male characters as they appear in Q1 and Q2, trying to underline the different poses towards which they gesture and putting them against the backdrop of a narrative frame whose speed, in the case of Q1 Hamlet, seems continually to increase.
Creating Space for Protest and Possibility
Nimbin, Australia, from 1973
Rob Garbutt
This article brings together the ideas of protest and counterculture in a productive engagement. If protest is understood as publicly bearing witness in opposition to something, then countercultures often do this as rejections of dominant cultures that are folded into everyday life in order to create spaces for possible futures. The countercultural experiments undertaken in the region around Nimbin, Australia, are an example of such space creation. Using interviews, presentations, and archival materials collected at a 2013 community conference marking the 40th anniversary of the 1973 Nimbin Aquarius Festival, I will explore these experiments in the context of countercultural protest. The Festival not only gathered together people under the banner of the counterculture, but provided a unique space for gathering around common matters of concern to create an ongoing countercultural community. This community continues to develop practical knowledge regarding sustainable living and innovations in grassroots environmental protest.
Giovanni A. Travaglino and Benjamin Abrams
Since its inception, Contention has aimed to illuminate our understanding of activism and political behavior across a full variety of contexts and settings. By examining political behavior across multiple geographical and social sites, we can explore unique opportunities to expand the horizon of our theoretical frameworks, test the generalizability and applicability of our claims, and gain a stronger grasp of how different structural arrangements and historical trajectories might shape political action.
v–vii
FRANÇOIS MITTERRAND AND THE GRAY ZONE OF VICHY
Hugh McDonnell
This article examines the 1994–1995 controversy surrounding President François Mitterrand’s past involvement with Vichy France through the concept of “the gray zone.” Differing from Primo Levi’s gray zone, it refers here to the language that emerged in France to account for the previously neglected complicity of bystanders and beneficiaries and the indirect facilitation of the injustices of the Vichy regime. The affair serves as a site for exploring the nuances and inflections of this concept of the gray zone—both in the way it was used to indict those accused of complicity with Vichy, and as a means for those, like Mitterrand, who defended themselves by using the language of grayness. Paying attention to these invocations of the gray zone at this historical conjuncture allows us to understand the logic and stakes of both the criticisms of Mitterrand and his responses to them, particularly in terms of contemporaneous understandings of republicanism and human rights.
In French Politics, Culture & Society
A FRENCH PARADOX?
Toward an Explanation of Inconsistencies between Framing and Policies
Henri Bergeron, Patrick Castel and Abigail C. Saguy
The French news media has framed “obesity” largely as a product of corporate greed and social inequality. Yet, France has—like other nations including the United States—adopted policies that focus on changing individual-level behavior. This article identifies several factors—including food industry lobbying, the Ministry of Agriculture’s rivalry with the Ministry of Health and alliance with the food industry, and competition with other policy goals—that favored the development of individual-level policy approaches to obesity in France at the expense of social-structural ones. This case points to the need to more systematically document inconsistencies and consistencies between social problem framing and policies. It also shows that national culture is multivalent and internally contradictory, fueling political and social struggles over which version of national culture will prevail at any given moment.
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You are here: Home / The Network / Scientific Awards
To promote computational neuroscience, the Bernstein Network awards scientific prizes on a regular basis. The Valentino Braitenberg award is directed at established researchers, the Brains for Brains award invites promising young scientists from all over the world to become acquainted with Computational Neuroscience research opportunities in Germany.
Valentino Braitenberg Award for Computational Neuroscience
The award is named after Prof. Dr. Valentino Braitenberg (1926, Bozen - 2011, Tübingen), one of the founding directors of the Max Planck Institute for Biological Cybernetics. Braitenberg's research area was the fine structure of the brain and its functional principles; his groundbreaking work focused on the cerebral and cerebellar cortex. He also invented the world-renowned "vehicles" - autonomously controlled vehicles that produce very complex behaviors on the basis of simple interconnections between sensors and motors. With his novel research approach that combined anatomy, physiology and theory, Valentino Braitenberg was a pioneer of the modern research discipline Computational Neuroscience and has significantly contributed to the development of biological cybernetics, which has in turn inspired robotics and artificial intelligence.
>> more
Brains for Brains Award
Since 2010, the Bernstein Association for Computational Neuroscience Association e.V. annually awards the Brains for Brains Award and thereby invites promising young scientists from all over the world to become acquainted with Computational Neuroscience research opportunities in Germany. Applicants should plan to pursue a research career in Computational Neuroscience and have at least one peer reviewed publication (as coauthor) or peer reviewed conference abstract (as first author) that was submitted before starting doctoral studies and was accepted or published in the year or preceding year of the award ceremony.
Federal Funding Initiative
NNCN
Julius Bernstein
Brains for Brains Young Researcher Award
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The Brink (Awakened Series #2)
by James S. Murray, Darren WearmouthJames S. Murray
“Murray and Wearmouth’s latest THE BRINK is a white-knuckled rollercoaster. This novel is chocked full of everything I love: strange creatures, a world teetering on the edge, and heroes who I’d want at my side during any firefight. This isn’t just a story hopped on steroids—but one injected with nitrous and blazing on all cylinders. Give me more!” —James Rollins, #1 New York Times bestseller of Crucible
The sequel to the international bestseller (including #1 Sunday Times bestseller) Awakened, by one of the stars of TruTV’s Impractical Jokers and a bestselling science fiction author.
Former NYC Mayor Tom Cafferty has been haunted by the horror of a single day. The opening of the brand new Z-train subway line beneath the Hudson River—the supposed shining moment of his tenure. But the ribbon-cutting ceremony turned deadly when the train carrying Cafferty’s wife and other citizens was attacked by a horde of hyper intelligent, bloodthirsty creatures previously unknown to humanity.
Everything changed for Cafferty, ex-NYPD officer Sarah Bowcut, and tech-expert Diego Munoz that day. They had uncovered the deadly truth: the attack was no accident.
And now the creatures that wreaked havoc underneath New York have spread worldwide, and with a massive cover-up—and a secret organization holding nations hostage with the knowledge of how to kill them—Cafferty’s team must fight against impossible odds to save the entire planet from an apocalyptic scale disaster.
An explosive and thrilling international adventure, the stakes are even higher in the latest book from bestselling duo James S. Murray and Darren Wearmouth!
Awakened Series , #2
James S. Murray is a writer, executive producer, and actor, best known as “Murr” on the hit television show Impractical Jokers on truTV and for his comedy troupe, the Tenderloins. He also served as the senior vice president of development for NorthSouth Productions for over a decade and is owner of Impractical Productions, Inc. Originally from Staten Island, he now lives in Manhattan. Awakened is his first novel. @jamessmurray
Darren Wearmouth spent six years in the British Army before pursuing a career in corporate technology. After fifteen years working for a large telecommunications firm and a start-up, he decided to follow his passion for writing. He is the author of numerous novels, including First Activation, Fast Forward, and Sixth Cycle. He lives in Manchester, England. @darrenwearmouth
Awakened goes international, and the terror skyrockets. THE BRINK is proof that sometimes the most horrible creatures lurk closer than you think. Powerful and horrifying. Curse you, Murray and Wearmouth, for keeping me awake so late.
It’s monsters. It’s horror. It’s danger and shocks and scream-out-loud surprises! And mainly, it’s FUN. A tense and haunting thriller. Don’t miss out.
Bone chilling horror.
Millennium Magazine
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Basildon 18°c
In at the deep end
The UK has been getting a head start on World Oceans Day with organised beach cleans taking place in locations across the country, from Barry Island in the Vale of Glamorgan to the Royal Docks in London.
The global event, which has taken place on the 8th of June every year since 2002, celebrates the importance of oceans and aims to inspire direct action such as beach cleans to protect them. In fact, there are thousands of World Oceans Day events in more than 120 countries and a social media reach into the several billions.
Recent news reports have highlighted the blight of plastics in our oceans and this has led to an upsurge in anti-litter and anti-pollution campaigns by individuals, local groups and national organisations.
Whether it’s through a formal Oceans Day campaign or simply highlighting issues, we can all make a difference.
Even the Royal family have been doing their bit to help. Prince William and the Duchess of Cambridge took part in a beach clean in Anglesey in North Wales organised by the County Council and environmental group Surfers Against Sewage.
Helping the Menai Bridge Scouts collect litter from the shore, Kate Middleton spoke to the children about the importance of looking after the environment, while Prince William discussed with the organisers the problem of tackling micro-plastics in the ocean.
While volunteering is hugely important, you could also turn your passion for the briny into a new career. And the most exciting marine job is one that sees you, quite literally, in at the deep end as a commercial diver.
This underwater work is necessary for repairs on ships, bridges and oil platforms. But by far the most exciting role can be monitoring and photographing marine life. Many professional underwater photographers work on assignments for magazines and some move into filming for television documentaries and movies.
If you love the idea of working in the ocean, you might also consider training as a recreational scuba diving instructor – a job that could ultimately take you to far-flung and exotic locations, giving lessons to holidaymakers.
Similarly, as a trained lifeguard, you could have the opportunity to safeguard swimmers not only in the UK’s pools but also in beach locations in some of the most beautiful parts of the world. No formal education is necessary, but you will need training in order to be certified.
Not all jobs for ocean lovers involve getting wet. If you love science and have studied to a degree level, the role of marine biologist allows you to combine this with studying oceans and their inhabitants. Although diving can be a big – and fun – part of this role, most of the work will also take place in the controlled conditions of a laboratory.
This is an incredibly important job: monitoring marine eco-systems is vital to understanding how oceans and their resident wildlife work and, through this, finding new ways to protect them.
Another science-based role is that of the hydrologist. If it contains water, you’ll be in your element – studying everything about H2O, including its chemical properties, distribution and vulnerability to potential pollution. Essentially, this job is all about ensuring there’s enough water to support life on earth.
An oceanographer, meanwhile, is a geoscientist whose mission is to analyse the physical and chemical properties of ocean waters and how their properties and movement affect the planet’s climate and coastal land areas.
With the increasingly dangerous impact of climate change, this work has never been more important, offering analysis and predictions about the impact of environmental events.
Of course, studying the oceans would not be possible without the ability to visit them.
That’s where marine engineers come in. As specialist technical professionals, they design and build engines and propulsion systems that power not only boats but also submarines – crafts that allow marine scientists to study the ocean floor.
The engineering work can also involve maintaining and repairing often complex machinery on ships of all sizes, from small yachts to massive cruise liners.
A specialist area is that of maritime design where, as well as engineering know how, you can use technical skills such as computer-aided design (CAD) software.
Finally, if you’d like to get up close and personal with wildlife, you might consider training to become an aquatic veterinarian, treat a huge range of marine animals such as seals, fish, dolphins and turtles.
This could be as part of marine conservation projects here in the UK or in locations as far away as the Galapagos Islands archipelago in the Pacific.
Why not turn your love of oceans into a full-time career? You can find a wide variety of maritime-linked roles online.
It’s what you can do!
A job for all seasons
It’s all in the balance
Engineer a new career
Let’s talk about men’s health
Enter the danger zone
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Transit plan would connect Wesley Chapel, Tampa, St. Pete
By Chuck Henson Pinellas County
PUBLISHED 10:15 AM ET May. 17, 2018 PUBLISHED May 17, 2018 @10:15 AM
ST. PETERSBURG, Fla. -- Tampa Bay is the only metropolitan area of its size that doesn't have a regional transit system.
That may be about to change.
41-mile system eyed for Bay area
Several agencies are looking into plan
Link: Take TBARTA's transit plan survey
There is a new plan to connect Wesley Chapel, downtown Tampa and St. Petersburg.
Ray Chiaramonte, the executive director for the Tampa Bay Regional Transit Authority, is an expert in transportation and someone who has seen a lot of studies when it comes to making our drive easier.
He and his team are excited about the item at the top of its to-do list.
"It's a 41-mile system that will connect Wesley Chapel, the USF area, downtown Tampa, Westshore and the airport, Gateway in Pinellas County and downtown St. Petersburg," he said.
It's one of the largest projects of its kind in Tampa Bay.
"And the exciting thing this is -- I actually think we can do it -- it is much cheaper than light rail," Chiaramonte said. "It involves bus rapid transit in dedicated or some shared tolled lanes, but definitely could move people quickly, which I think is important."
It takes a lot of work to get any group to agree on something, and in this case it's about Florida Department of Transportation, Tampa Bay Area Regional Transportation Authority, the three county governments and metropolitan planning organizations.
It's not a train but it will look like one, and will have dedicated stations located off the interstate. And when it's complete it will give thousands of people the freedom to move around our community they might not have now.
That means better access to jobs, and it can be built for a fraction of the cost of dedicated rail.
The plan is being solidified so it can be presented for funding in the near future. But before then TBARTA wants to hear from residents. It has posted a survey to find out where you think the project should go next.
"Ultimately, the great thing about this system is, you can expand it very easily," Chiaramonte said.
While this plan focuses on Pasco, Hillsborough and Pinellas counties, having a truly regional system that serves all of Tampa Bay is the ultimate goal.
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Home Resources News Hundreds gather in Rhode Island as offshore wind power takes off in the U.S.
Hundreds gather in Rhode Island as offshore wind power takes off in the U.S.
Warwick, Rhode Island, October 25, 2016 — Over 600 of the top developers, supply chain companies, investors, policy makers, and clean energy advocates filled the halls of the American Wind Energy Association’s (AWEA) Offshore WINDPOWER Conference & Exhibitionin Rhode Island today just as the nation’s first-ever offshore wind farm is on the verge of supplying enough clean electricity to power 17,000 American homes.
Deepwater Wind’s Block Island Wind Farm, located about three miles southeast of Block Island off the coast of the Ocean State, consists of five turbines that can generate over 125,000 megawatt hours (MWh) a year. The electricity produced by Block Island has the ability to avoid 121,000 tons of carbon dioxide emissions a year.
“We’re competitive here in Rhode Island, and we take a great deal of pride in knowing that we beat every other state to be the first with steel in the water and blades over the ocean,” said Rhode Island Governor Gina Raimondo and newly named Chair of the Governors Wind and Solar Energy Coalition (GWSC). “We have new opportunities to make things again, to be a leader in a new industrial revolution. We’re motivated by our shared belief that we need to produce and consume cleaner, more sustainable energy and leave our kids a healthier planet. But we’re also motivated by this tremendous economic opportunity.”
Other notable Rhode Island elected representatives joined Gov. Raimondo at the event, including U.S. Senator Sheldon Whitehouse, U.S Representative David N. Cicilline, and U.S. Representative Jim Langevin.
Rhode Island passed legislation this past summer growing the state’s renewable energy target from 14.5 percent by 2019 to nearly 40 percent by 2035. Building wind farms in Rhode Island, including Block Island, have already attracted more than $300 million in capital investment. According to the Wind Energy Foundation, growing wind power in Rhode Island could result in $240 million in electricity bill savings by 2050 and up to $744 million in savings through lower gas prices.
“We're proud to host AWEA here in Rhode Island, home to America's first offshore wind farm," said Jeffrey Grybowski, CEO of Deepwater Wind. “AWEA's important work is critical to the growth of our industry. While the Block Island Wind Farm may have jumpstarted this new U.S. industry, we're confident that it's just the start of a much larger renewable energy sector that will power American communities for decades to come."
“Worldwide leaders are sensing and seeing the opportunity here in the U.S.,” said Tom Kiernan, CEO of AWEA. “There’s unprecedented excitement in the industry, it’s palpable, and you can see it here with the increase in the number of attendees and exhibitors. The completion of the Block Island Wind Farm is far more than just a ribbon-cutting – it is the dawn of an entirely new source of U.S. energy. Thanks to strong political leadership, strong policies and an innovative industry, we’re seeing a pathway forward for offshore American wind power.”
That pathway is emerging through landmark legislation passed in Massachusetts, as well as other states, helping to grow interest from the most successful global offshore wind developers to American shores.
“We need to take this moment to recognize the accomplishment of getting America’s first-ever offshore wind farm completed, but we’ve only just begun,” said Nancy Sopko, Manager, Advocacy and Federal Legislative Affairs for AWEA. “We need to dive deeper into how to keep this momentum going. It is incumbent on all of our attendees to find ways to create a thriving U.S. offshore wind industry.”
Coastal and Great Lakes states account for nearly 80 percent of U.S. electricity demand according to the U.S. Department of Energy (DOE). That demand is fortunately placed as U.S. offshore wind has vast potential to deliver clean, reliable electricity equal to roughly four times the generating capacity of the current U.S. grid.
There are 13 offshore wind projects in various stages of development, spanning 10 states, representing almost 6,000 MW of capacity off the East and West coasts, the Great Lakes, and Hawaii. Offshore wind has delivered vast amounts of clean energy to Europe for decades, while creating quality jobs and new high-tech manufacturing. Building on America’s legacy of offshore energy development in the oil and gas industry can help smooth the transition to a cleaner energy economy.
Developing offshore wind in the U.S. can bring with it thousands of manufacturing jobs, helping to revitalize America’s port cities. Every turbine requires around 8,000 parts. U.S. factories will help the industry cut costs and create American jobs by manufacturing and assembling those parts here at home. With stable policy in place, the Department of Energy found the U.S. could install a total of 86,000 MW of offshore projects by 2050, creating thousands of well-paying jobs in coastal communities.
As on land, offshore wind power has no fuel price risk and thus hedges against future increases in fuel prices, thus saving consumers money. Similar to land-based wind, offshore wind costs will likely come down as the U.S. industry reaches economies of scale. With over 20 years of experience, cost reductions of offshore wind now being achieved in Europe should translate to the U.S. market.
AWEA’s Offshore WINDPOWER Conference & Exhibition continues until Wednesday, October 26, and is the largest gathering of offshore wind energy professionals in the U.S. The conference is being held at the Crown Plaza Hotel Providence-Warwick, Warwick, Rhode Island and is powered by 100 percent wind energy through Renewable Energy Credits (RECs), thanks to green sponsor EDP Renewables.
Sponsors of the event include Terawatt sponsors DNV-GL, GE Renewable Energy, and Siemens.
AWEA is the national trade association of the U.S. wind energy industry. We represent 1,000 member companies and over 114,000 jobs in the U.S. economy, serving as a powerful voice for how wind works for America. Members include global leaders in wind power and energy development, turbine manufacturing, and component and service suppliers. They gather each year at the Western Hemisphere’s largest wind energy event, the AWEA WINDPOWER Conference & Exhibition, next in Denver, June 1-4, 2020. WINDPOWER 2020 will be housed within CLEANPOWER, the new exhibition hub for utility-scale renewable energy, bringing together wind power, solar power, and energy storage industries. Find information about wind energy on the AWEA website. Gain insight into industry issues on AWEA's blog, Into the Wind. And please join us on Facebook and follow @AWEA on Twitter and LinkedIn.
Evan Vaughan
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Email: evaughan@awea.org
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Peter and Cornelius
1 At Caesarea there was a man named Cornelius, a centurion of what was known as the Italian Cohort,
(Mt 27:27; Mr 15:16; Joh 18:3; Joh 18:12)
2 a devout man who feared God with all his household, gave alms generously to the people, and prayed continually to God.
3 About the ninth hour of the day1 he saw clearly in a vision an angel of God come in and say to him, “Cornelius.”
(Ac 3:1; Ac 8:26; Ac 10:17; Ac 10:19)
4 And he stared at him in terror and said, “What is it, Lord?” And he said to him, “Your prayers and your alms have ascended as a memorial before God.
(Ps 141:2; Da 10:12; Mt 26:13; Mr 14:9; Ac 10:31; Heb 6:10; Re 8:4)
5 And now send men to Joppa and bring one Simon who is called Peter.
6 He is lodging with one Simon, a tanner, whose house is by the sea.”
7 When the angel who spoke to him had departed, he called two of his servants and a devout soldier from among those who attended him,
8 and having related everything to them, he sent them to Joppa.
Peter’s Vision
9 The next day, as they were on their journey and approaching the city, Peter went up on the housetop about the sixth hour2 to pray.
(1Sa 9:25; 2Ki 23:12; Ps 55:17; Jer 19:13; Jer 32:29; Zep 1:5; Ac 11:5)
10 And he became hungry and wanted something to eat, but while they were preparing it, he fell into a trance
11 and saw the heavens opened and something like a great sheet descending, being let down by its four corners upon the earth.
(Joh 1:51)
12 In it were all kinds of animals and reptiles and birds of the air.
13 And there came a voice to him: “Rise, Peter; kill and eat.”
14 But Peter said, “By no means, Lord; for I have never eaten anything that is common or unclean.”
(Le 11:2; Le 20:25; De 14:4; Eze 4:14; Da 1:8; Ac 10:28)
15 And the voice came to him again a second time, “What God has made clean, do not call common.”
(Mt 15:11; Mr 7:15; Mr 7:19; Ro 14:2; Ro 14:14; Ro 14:20; 1Co 10:25; 1Ti 4:4; Tit 1:15)
16 This happened three times, and the thing was taken up at once to heaven.
17 Now while Peter was inwardly perplexed as to what the vision that he had seen might mean, behold, the men who were sent by Cornelius, having made inquiry for Simon’s house, stood at the gate
18 and called out to ask whether Simon who was called Peter was lodging there.
19 And while Peter was pondering the vision, the Spirit said to him, “Behold, three men are looking for you.
(Ac 8:29; Ac 10:17)
20 Rise and go down and accompany them without hesitation,3 for I have sent them.”
21 And Peter went down to the men and said, “I am the one you are looking for. What is the reason for your coming?”
22 And they said, “Cornelius, a centurion, an upright and God-fearing man, who is well spoken of by the whole Jewish nation, was directed by a holy angel to send for you to come to his house and to hear what you have to say.”
(Mr 8:38; Ac 10:2; Ac 11:14)
23 So he invited them in to be his guests. The next day he rose and went away with them, and some of the brothers from Joppa accompanied him.
(Joh 21:23; Ac 10:45; Ac 11:12)
24 And on the following day they entered Caesarea. Cornelius was expecting them and had called together his relatives and close friends.
25 When Peter entered, Cornelius met him and fell down at his feet and worshiped him.
(Da 2:46; Mt 8:2; Ac 16:29)
26 But Peter lifted him up, saying, “Stand up; I too am a man.”
(Ac 14:15; Re 19:10; Re 22:8)
27 And as he talked with him, he went in and found many persons gathered.
28 And he said to them, “You yourselves know how unlawful it is for a Jew to associate with or to visit anyone of another nation, but God has shown me that I should not call any person common or unclean.
(Joh 4:9; Joh 18:28; Ac 10:14; Ac 10:35; Ac 11:3; Ga 2:12)
29 So when I was sent for, I came without objection. I ask then why you sent for me.”
30 And Cornelius said, “Four days ago, about this hour, I was praying in my house at the ninth hour,4 and behold, a man stood before me in bright clothing
(Ac 1:10; Ac 3:1; Ac 10:9; Ac 10:23)
31 and said, ‘Cornelius, your prayer has been heard and your alms have been remembered before God.
32 Send therefore to Joppa and ask for Simon who is called Peter. He is lodging in the house of Simon, a tanner, by the sea.’
33 So I sent for you at once, and you have been kind enough to come. Now therefore we are all here in the presence of God to hear all that you have been commanded by the Lord.”
Gentiles Hear the Good News
34 So Peter opened his mouth and said: “Truly I understand that God shows no partiality,
(De 1:17; De 10:17; Pr 24:23; Ac 10:28; Ac 15:19; Ro 3:29; Jas 2:1; Jas 2:9; Jud 16)
35 but in every nation anyone who fears him and does what is right is acceptable to him.
(Isa 64:5; Ac 10:34)
36 As for the word that he sent to Israel, preaching good news of peace through Jesus Christ (he is Lord of all),
(Ps 107:20; Ps 147:18; Isa 52:7; Na 1:15; Mt 28:18; Lu 2:14; Ac 2:36; Ac 13:26; Ro 10:12; Eph 2:17; Re 17:14; Re 19:16)
37 you yourselves know what happened throughout all Judea, beginning from Galilee after the baptism that John proclaimed:
(Mt 4:12; Mr 1:14; Lu 24:47)
38 how God anointed Jesus of Nazareth with the Holy Spirit and with power. He went about doing good and healing all who were oppressed by the devil, for God was with him.
(Mt 3:16; Mt 4:24; Mt 12:28; Lu 4:18; Lu 6:19; Lu 13:16; Joh 1:32; Joh 8:29; Joh 10:38; Ac 1:2; Ac 2:22; Ac 4:26; Ro 1:4)
39 And we are witnesses of all that he did both in the country of the Jews and in Jerusalem. They put him to death by hanging him on a tree,
(Lu 24:48; Ac 2:32; Ac 5:30; Ac 10:41)
40 but God raised him on the third day and made him to appear,
(Lu 9:22; Ac 1:3; Ac 2:24)
41 not to all the people but to us who had been chosen by God as witnesses, who ate and drank with him after he rose from the dead.
(Joh 14:21; Ac 10:39)
42 And he commanded us to preach to the people and to testify that he is the one appointed by God to be judge of the living and the dead.
(Mt 16:27; Joh 5:22; Joh 5:27; Ac 1:2; Ac 17:31; Ac 24:25; Ro 14:9; 2Co 5:10; 1Th 4:15; 1Th 4:17; 2Ti 4:1; 1Pe 4:5)
43 To him all the prophets bear witness that everyone who believes in him receives forgiveness of sins through his name.”
(Jer 31:34; Lu 24:27; Joh 20:31; Ac 2:38; Ac 3:18; Ac 3:24; Ac 4:12; Ac 5:31; Ac 11:17; Ac 13:39; Ac 15:9; Ac 26:22; Ro 3:21; Ro 9:33; Ro 10:11; Ga 3:22; 1Jo 2:12)
The Holy Spirit Falls on the Gentiles
44 While Peter was still saying these things, the Holy Spirit fell on all who heard the word.
(Ac 2:4; Ac 11:15; Ac 15:8; 1Th 1:5)
45 And the believers from among the circumcised who had come with Peter were amazed, because the gift of the Holy Spirit was poured out even on the Gentiles.
(Ac 2:17; Ac 2:38; Ac 10:23; Ac 11:2)
46 For they were hearing them speaking in tongues and extolling God. Then Peter declared,
(Mr 16:17)
47 “Can anyone withhold water for baptizing these people, who have received the Holy Spirit just as we have?”
(Ac 2:4; Ac 8:36; Ac 11:17; Ac 15:8)
48 And he commanded them to be baptized in the name of Jesus Christ. Then they asked him to remain for some days.
(Ac 2:38; Ac 8:12; Ac 8:16; 1Co 1:14)
3 Or accompany them, making no distinction
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Daniel’s Vision of the Ram and the Goat
1 In the third year of the reign of King Belshazzar a vision appeared to me, Daniel, after that which appeared to me at the first.
(Da 5:1; Da 7:1)
2 And I saw in the vision; and when I saw, I was in Susa the citadel, which is in the province of Elam. And I saw in the vision, and I was at the Ulai canal.
(Ne 1:1; Isa 11:11; Eze 1:1; Da 8:16)
3 I raised my eyes and saw, and behold, a ram standing on the bank of the canal. It had two horns, and both horns were high, but one was higher than the other, and the higher one came up last.
4 I saw the ram charging westward and northward and southward. No beast could stand before him, and there was no one who could rescue from his power. He did as he pleased and became great.
(De 33:17; Eze 34:21; Da 3:15; Da 7:17; Da 8:7; Da 8:8; Da 11:3; Da 11:16; Da 11:36)
5 As I was considering, behold, a male goat came from the west across the face of the whole earth, without touching the ground. And the goat had a conspicuous horn between his eyes.
6 He came to the ram with the two horns, which I had seen standing on the bank of the canal, and he ran at him in his powerful wrath.
(Job 15:26; Da 8:20)
7 I saw him come close to the ram, and he was enraged against him and struck the ram and broke his two horns. And the ram had no power to stand before him, but he cast him down to the ground and trampled on him. And there was no one who could rescue the ram from his power.
(Ps 7:5; Da 8:4; Da 11:11)
8 Then the goat became exceedingly great, but when he was strong, the great horn was broken, and instead of it there came up four conspicuous horns toward the four winds of heaven.
(Da 7:2; Da 8:4; Da 8:5)
9 Out of one of them came a little horn, which grew exceedingly great toward the south, toward the east, and toward the glorious land.
(Ps 48:2; Eze 20:6; Eze 20:15; Da 7:8; Da 11:16; Da 11:25; Da 11:41)
10 It grew great, even to the host of heaven. And some of the host and some1 of the stars it threw down to the ground and trampled on them.
(Isa 14:13; Da 8:7; Da 11:28; Re 12:4)
11 It became great, even as great as the Prince of the host. And the regular burnt offering was taken away from him, and the place of his sanctuary was overthrown.
(Jos 5:14; Da 8:25; Da 11:31; Da 11:36; Da 12:11)
12 And a host will be given over to it together with the regular burnt offering because of transgression,2 and it will throw truth to the ground, and it will act and prosper.
(Da 8:24; Da 11:28; Da 11:30)
13 Then I heard a holy one speaking, and another holy one said to the one who spoke, “For how long is the vision concerning the regular burnt offering, the transgression that makes desolate, and the giving over of the sanctuary and host to be trampled underfoot?”
(Da 4:13; Da 9:21; Da 11:31; Da 12:6; Re 6:10)
14 And he said to me,3 “For 2,300 evenings and mornings. Then the sanctuary shall be restored to its rightful state.”
The Interpretation of the Vision
15 When I, Daniel, had seen the vision, I sought to understand it. And behold, there stood before me one having the appearance of a man.
(Eze 1:26; Da 7:13; Da 10:16; Da 10:18; 1Pe 1:10; Re 1:13)
16 And I heard a man’s voice between the banks of the Ulai, and it called, “Gabriel, make this man understand the vision.”
(Da 8:2; Da 9:21; Da 12:5; Lu 1:19; Lu 1:26)
17 So he came near where I stood. And when he came, I was frightened and fell on my face. But he said to me, “Understand, O son of man, that the vision is for the time of the end.”
(Eze 1:28; Eze 2:1; Da 8:19; Da 11:27; Da 11:35; Da 11:40; Da 12:4; Da 12:9; Lu 1:12)
18 And when he had spoken to me, I fell into a deep sleep with my face to the ground. But he touched me and made me stand up.
(Da 9:21; Da 10:9; Da 10:10; Da 10:18; Lu 9:32)
19 He said, “Behold, I will make known to you what shall be at the latter end of the indignation, for it refers to the appointed time of the end.
(Ps 102:13; Da 8:17; Da 11:36)
20 As for the ram that you saw with the two horns, these are the kings of Media and Persia.
21 And the goat4 is the king of Greece. And the great horn between his eyes is the first king.
(Da 8:5; Da 10:20; Da 11:3)
22 As for the horn that was broken, in place of which four others arose, four kingdoms shall arise from his5 nation, but not with his power.
(Da 8:8; Da 8:24)
23 And at the latter end of their kingdom, when the transgressors have reached their limit, a king of bold face, one who understands riddles, shall arise.
24 His power shall be great—but not by his own power; and he shall cause fearful destruction and shall succeed in what he does, and destroy mighty men and the people who are the saints.
(Da 7:21; Da 8:12; Da 11:28; Da 11:30; Re 17:17)
25 By his cunning he shall make deceit prosper under his hand, and in his own mind he shall become great. Without warning he shall destroy many. And he shall even rise up against the Prince of princes, and he shall be broken—but by no human hand.
(Da 2:34; Da 8:11; Da 11:21; Da 11:23; Da 11:24)
26 The vision of the evenings and the mornings that has been told is true, but seal up the vision, for it refers to many days from now.”
(Da 8:14; Da 10:1; Da 10:14; Da 12:4; Da 12:9)
27 And I, Daniel, was overcome and lay sick for some days. Then I rose and went about the king’s business, but I was appalled by the vision and did not understand it.
(Da 7:28; Da 8:16)
1 Or host, that is, some
2 Or in an act of rebellion
3 Hebrew; Septuagint, Theodotion, Vulgate to him
4 Or the shaggy goat
5 Theodotion, Septuagint, Vulgate; Hebrew a
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Home > Categories > Art and Entertainment > Actors > Bill Cosby's Biography
Bill Cosby's Biography
Bill Cosby Facts
Bill Cosby [Public domain], via Wikimedia Commons
Who is Bill Cosby?
Bill Cosby, whose full name is William Henry Cosby, was born in North Philadelphia on 12 July 1937.
He grew up in relative poverty. He attended Wister Elementary School where some of his friends would inspire characters in his comedy routines like Fat Albert and Dumb Donald.
In the late 1950s Cosby served in the American navy. Afterwards he gained a track and field scholarship and studied at Temple University in Philadelphia.
Cosby gave up his studies to pursue a career as a nightclub comic. His first appearance was at The Cellar, a room in a nightclub called The Underground.
It was not long before Bill Cosby got involved in acting. In 1965 he became a star in the NBC show I Spy, for which he won 3 Emmys.
A succession of TV shows, mainly featuring Cosby in their titles followed and included the hugely successful The Cosby Show.
As well as having his own production company and acting in movies, Bill Cosby has also released 21 comedy albums, for five of which Cosby won the Best Comedy Album Grammy.
Bill Cosby's books have also been huge commercial successes. They include Fatherhood, Time Flies, Love and Marriage, and Childhood.
In recent times Bill Cosby has been embroiled in controversy. He was accused by a woman of sexual assault, although prosecutors decided not to press charges and in November 2006 he settled a lawsuit with a woman who said he had drugged and sexually assaulted her at his home.
Cosby has also split opinion in the black community, saying that low-income blacks were not "holding up their end" by failing to get a good education or raise their children properly.
Some criticised Bill Cosby for airing dirty laundry in public and providing ammunition for racists, but he responded:
"Let me tell you something, your dirty laundry gets out of school at 2:30 every day, cursing as they're walking up and down the street.
"They think they're hip; they can't read, they can't write. They're laughing and giggling, and they're going nowhere."
Bill Cosby's son, Ennis, was murdered in Los Angeles in 1997.
In 2009, Bill Cosby was awarded the Mark Twain Prize for American Humour.
The twenty first century saw Cosby under fire, facing accusations of sexual assault from nearly 60 women going back over many years.
In particular he was charged with three counts of felony indecent assault, alleged by Andrea Constand.
On 26 April 2018, Bill Cosby was found guilty of three counts of sexual assault.
In September 2018, Bill Cosby was sentenced to three to 10 years in prison.
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Jennifer Tse
TTC Busker Profile: Ronny Cameron
I first stumbled upon TTC busker Ronny Cameron in the long passageway between the trains at Spadina station. The 23-year-old classical guitarist is just one of many licensed TTC buskers that Torontonians hear performing in the city's subway system every day.
So I decided to chat with Ronny to get to know the man behind the music some of us may have already enjoyed, without realizing it.
Where and when do you usually busk?
We're scheduled at different spots all the time. There's a 6 a.m. to noon shift, a noon to 6 p.m. shift, and a 6 p.m. to midnight shift. So we'll be scheduled at one station (for instance, Dundas) and for three days in a row, we'll play from 6 a.m. to noon. Then we'll move on to the next station and play from noon to 6 p.m., and finally move to the next station and play from 6 p.m. to midnight. It always rotates, so everybody gets an opportunity to play at stations at the good times and the bad times. It's fair for everybody.
How long have you been playing the guitar?
I've been playing for 10 years. My genre is classical guitar. I play on an electric simply because I can project the volume a lot louder, and I can add sound effects if I want.
Why did you become a TTC busker?
Well, I'd seen other people doing it and they seemed to be enjoying themselves. The only thing I really wondered was whether or not there was money to be made. So I asked a couple of them how they do, and surprisingly, they said they do quite well. Some of them make upwards of $20 or $30 an hour, on average. That really intrigued me, and I figured, "Hey, I'm as good as some of these guys, so why not give it a shot?"
Do you make as much as you'd like?
Yeah, actually. I typically make upwards of $25 an hour. There are some stations, however, where you don't make very much at all. So you have to be smart while doing it. It's not just how good you are or how well you perform. You have to know what stations and what times do well. Morning rush hour from 6:30 a.m. to 9 a.m. is great, and the evening rush hour from 3 p.m. to 7 p.m. is good as well.
Do you find it challenging to play to a constantly moving and changing audience?
You know what? I actually find it easier to play to a crowd that's not 100% attentive. You can make a few mistakes. A couple people might be listening to you at any given moment, but you don't feel that same pressure as when you're doing a regular performance.
Do you take song requests?
I predominately play classical music, and it's very rare that people ever request a classical piece. I just find that most people love hearing it -- it's the best music to make money off of because everybody knows F端r Elise or Ode to Joy. I like the fact that I can play something that everybody can immediately relate to. I don't know many pop culture tunes, so those would be kind of hard for me.
What do you do when you're not busking?
I actually practice a lot. I try to play for a couple hours every day. I'm heavily involved with music outside of subway busking, as well. I busk all over the city. Other than that, I've been going to the gym and working out a lot. Busking is my full-time job, and this is my first year as a TTC busker.
Any interesting stories from your job?
One of my biggest pet peeves with this whole TTC busking experience is panhandlers. I can't stand people begging for change. First of all, it makes what I do look bad--sometimes people see us in the same light as panhandlers, when we're really quite different. Secondly, they take business away from us -- sometimes they even strategically station themselves around so they take money from people before they pass by us.
This one time, there was a panhandler who was sitting in my station, near me. I asked him politely to leave, and he said no. I told him I was going to call security and he wouldn't listen; he was really drunk. So I went and told the collector, and he made the call to the constables. By the time the constables got there an hour and a half later, the panhandler had already left. Soon after the constables left, he came back. I was really frustrated with him, he was really cutting into my business, and it really bothers me that people are giving out money to people who are just going to spend it on drugs or alcohol. I finally went over and took his sign away from him.
Anything else you'd like to add?
I find a lot of people feel guilty or they feel bad only throwing in a dime or a quarter. But if you think about it, hundreds of people get off the subway at once. Thousands of people walk by me every day. If every single person gave me a quarter or a dime, I'd be making over a thousand dollars every day. We TTC buskers really do appreciate anything people have to offer if they enjoy our music. Sometimes people even drop in a bag of chips or a chocolate bar. I've gotten stuff like laundry detergent.
Watch Ronny play Bach's Gavotte en Rondeau and some of his own original work below.
Every Friday, TTC Busker Profiles aim to shed some light on the talented people who add a little something to our daily commute -- Toronto's true "underground" musicians.
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Urban Llama
because llamas are social
LlamaEats
LlamaRun
LlamaShows
LlamaTraxx
← Jazz Funeral for Katrina V
2010 NFL Season Kicks Off Thursday in New Orleans →
The Lower 9th Ward Bounce Back
Posted on September 6, 2010 by theurbanllama
9th Ward Church memorial and abandoned property, August 29, 2010.
Here are a couple shots from the Lower 9th Ward that I took on Hurricane Katrina’s fifth anniversary. Misconceptions continue to abound about this area. I hear people suggest it was full of thugs, squatters and hovels. In reality the Lower 9th Ward had the highest percentage of owner occupied housing in Orleans Parish. This neighborhood was a tight-knit community. Perhaps a little rough around the edges, but genuine through and through.
Admittedly this area should never have been developed, but that wasn’t a decision the residents made. It was a money grab. A cheap way to make a buck off sub-par land, that could be developed and marketed to African Americans at affordable prices.
A ramshackle residence on N. Derbiny and Lizardi, Aug. 29, 2010.
They weren’t grand abodes necessarily, but they were family homes, often multi-generational. Grandparents, their kids and the grandchildren all living together under one roof. While sometimes dysfunctional, this neighborhood had a rich social history, and strong roots that held people together through thick and thin.
Like many ill-conceived plans, the Lower 9 hobbled along in obscurity to much of the world. It was populated by a marginalized segment of society, who lived their lives, but existed in the shadows of greater New Orleans, voluntarily segregated, until 2005, when the levees were breached in the 9th Ward and houses were swept off their foundations. Then this dirty little secret went public.
The smart move would have been for the city to step in and declare the Lower 9th Ward off-limits, and designate it as green space. That way a flood-prone section of town would not again be put at risk, and rebuilding funds could be allocated elsewhere.
But this situation isn’t that simple. The argument sounds logical enough, but not to somebody who lived in one of these 4,000 houses that were laid to waste. It was their neighborhood – generations of families grew up here and you can’t just wipe that slate clean and expect people who lived in such a dense social setting to simply move on with life in say majority-white Utah.
Fats Domino’s flooded residence on Caffin Street, in the Lower 9th Ward, Oct. 2005. Domino and his family elected to ride out Katrina in their residence, partly due to his wife’s poor health. The family was trapped in their attic until a Coast Guard helicopter rescued them on September 1, 2005.
Between spineless politicians and legal ramifications, it was unrealistic to make the Lower 9 a green space. Like much of New Orleans, reality confounds stereotypes. This place is neither made up or operates like any other major city. Some people had the right insurance, others did not, and for whatever reason, mortgage companies failed to require adequate flood coverage when loans were secured. This ambiguity left a lot of folks twisting in the wind after Katrina.
The consequences of not officially closing this neighborhood, especially for those lacking flood coverage, meant there was little option but to return to the 9th Ward. While far from ideal, if you owe money on property, or can’t sell what’s left, that’s where you gotta go. These are proud people, and they’ve stepped up to the responsibility of making their life again in the Lower 9.
The remains of a residence on the 2400 block of Deslonde.
Even for those with sufficient coverage, there is nowhere else to go that could replace the sense of home that was present in the Lower 9, so slowly former residents return.
But for the same reasons some come back, others cannot. The sense of family and community was so prevalent here, it’s impossible for former residents to return knowing the tragedy, pain and lives lost on each block. Every house could be looked upon as a cemetery plot.
The archway still stands.
In 2010, the Lower 9 is in transition. It continues to have an unimaginable number of vacant and dilapidated houses, mixed with empty lots overtaken by grass and weeds. Yet on many blocks one or two houses have been rehabilitated.
Common Ground Relief headquarters in the Lower 9th Ward, 1800 Deslonde at N. Roman.
The non-profit social services group, Common Ground Relief, has been instrumental in helping to gut and rebuild houses in the area. Their goal is providing short-term relief for victims of hurricanes along the Gulf Coast region, and long-term support in rebuilding the communities affected in the New Orleans area. “Solidarity Not Charity,” is their war cry.
http://www.commongroundrelief.org
A lot of these kids are trust fund refugees or “trustafarians.” They’re educated, from middle class upbringings or better, that have the luxury to drop out of society and become mutant social activists. It’s also a great way to rebel against your parents.
Others are protest kids, social worker-types, concerned citizens from wherever, along with the anarchy crew, that views society as having already failed, so they’ve stepped in to pick up the slack.
Regardless, these different tribes have coalesced into one cohesive work unit.
There’s a lot of dread locks, tattoos, and that not-so-fresh odor, but these folks grow their own vegetables and do some amazing work. There’s a distribution center, stocked with donated items, so volunteers can come in and grab whatever they need at no charge.
Common Ground Relief also set up a non-profit health care clinic at 1400 Teche Street, (504.361.9800). Malik Rahim, who is the mover behind both Common Ground projects, along with Sharon Johnson, and Scott Crow, established The Common Ground Health Clinic, in the Algiers neighborhood, on September 9, 2005, only days after Katrina.
It started as a fist aid station, and was staffed with “street medics,” who went out on bikes to offer care to those injured after the storm. Word spread quickly throughout the health care world of what Common Ground was doing, and the incredible need in New Orleans – and medical professionals from across the country and abroad answered the call.
The clinic is now staffed with rotating nurses, physicians, herbalists, acupuncturists, EMTs, social workers and community activists. The clinic has recorded over 60,000 visits – with no charge going to the patients.
http://commongroundclinic.org
Yes this is all a tad utopian, and commune hippie-like, but those at Common Ground are taking care of each other and taking care of those who lost everything, all while living within their means, which is a lesson our society could learn much from currently.
Signs like this from the “Make It Right Foundation” are cropping up in vacant lots across the Lower 9th Ward.
The other unmistakable change visible in the Lower 9th Ward these days is the presence of Brad Pitt’s Make It Right Foundation. Pitt, a well-known architectural junkie, gathered experts in New Orleans, in December 2006, to brainstorm building green affordable housing in the devastated Lower 9th Ward after Hurricane Katrina.
That same group today comprises the non-profit Make It Right Foundation. As stated on the foundation’s Web site, their mission is clear – “Make It Right is designed to be a catalyst for redevelopment of the Lower 9th Ward, by building a neighborhood comprised of safe and healthy homes that are inspired by Cradle to Cradle thinking, with an emphasis on a high quality of design, while preserving the spirit of the community’s culture.”
Makin’ It Right – 1708 Forstall at N. Derbigny.
The concept of Cradle to Cradle (C2C), or Cradle to Grave, looks upon structures as living beings, and puts them on a life-cycle, with a metabolism that is in tune with its natural surroundings. Elements of the C2C ideology include utilizing building materials that are either biodegradable or reusable, so metals and plastics can be picked clean to use in another property and the remains will not harm the environment.
Built off the ground, with solar panels and a green roof in the rear, this Lower 9th Ward house is completely sustainable, 1919 Tennessee Street at Prieur.
These are some of smartest, most cutting edge houses in terms of design and green technology available, especially for the price. All are built off the ground, or float, so they avoid the flooding issue and can be insured. They utilize photovoltaic solar panels to offset energy costs – and many have a living, vegetative roof component. These green roofs, or living roofs, absorb rainwater runoff, provide natural insulation, create an urban wildlife habitat and lower urban air temperatures.
As of December 2010, the Make It Right Foundation has constructed 150 homes. All have been LEED certified, for their energy efficiency and sustainability, making this once battered community in the Lower 9th Ward, the “largest, greenest neighborhood of single family homes in America,” according to the U.S. Green Building council.
http://makeitrightnola.org
There’s a red house over yonder – 1913 Deslonde at N. Prieur.
New Orleans continues to be the biggest social petri dish going. It’s hard to find a more distinct contrast between those with means and those without. New Orleans doesn’t really have a middle class. You’re either rich or poor. And the poor here are seriously marginalized.
The Lower 9th Ward is a microcosm of this experiment. Take a severely neglected minority population, mix in an epic natural and man-made disaster, include a so-called democratic government that fails to respond, and see what grows.
Thus far it’s predominately been volunteers, activists, church, social and college groups that have responded. Many of the Lower 9 residents have been neglected academically and socially for generations, making it extremely difficult for them to take large strides or compete on a basic level in this current depressed economy.
This is a big opportunity of the United States to show its true colors. This is an uncomfortable situation, and as the documentary about Al Gore’s global warming campaign put it, “An Inconvenient Truth.” The response has been fantastic, which leaves me to believe that our underlying values remain largely in tact.
It’s the lack of government recognition or accountability that’s so disconcerting. The responsibility for installing the levees, organizing and conducting a mandatory evacuation, providing assistance in the storm’s aftermath, and helping to get all of these citizens back on their feet was our government’s, and it failed at every one of these tasks and knows it.
This is a scary scenario for those in power. What happened ultimately was their fault, they double-talked over the top of it, but people came anyway, recognizing needs were not being met.
This creates a fragile balance between citizens and their government. Not only did the system fail in New Orleans, but our government maliciously contributed to the failure – and while that’s widely been documented, we as a people didn’t call our representatives on it.
It makes me wonder what will happen if this economic recession takes a dip for the worse, or the BP oil spill poisons our food chain, another terrorist attack comes about, or some other unforeseen calamity? How close are we as a society to the edge? There’s definitely a feeling we’ve been left on our own – like a modern regression to pioneers.
That’s certainly the feeling you get in the Lower 9th Ward. Finding a way to rebuild is on you. If you’re opening up shop in the Lower 9, put a flag in the ground to mark the territory and I’d advise bringing a firearm. Life is coming back there, but it’s dark on those streets at night and there’s no telling what can happen. I’d go so far as to say it’s inadvisable for the elderly, disabled or infirm to reside there – between accidents, crime and sudden health issues, the response time to that area by police and ambulance isn’t exactly immediate.
So plant that flag and welcome to the new frontier.
Corner of Tennessee and N. Claiborne, Lower 9th Ward, September 5, 2010.
Published by: Cedilla | Vol. IV | Missoula, MT | 09-20-10
This entry was posted in Events, News, Travel and tagged Hurricane Katrina, Katrina, Lower 9, Lower 9th Ward, Lower Nineth Wardm New Orleans. Bookmark the permalink.
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<< Previous TITLE 42 / CHAPTER 7 Next >>
42 USC Ch. 7: SOCIAL SECURITY
From Title 42—THE PUBLIC HEALTH AND WELFARE
CHAPTER 7—SOCIAL SECURITY
SUBCHAPTER I—GRANTS TO STATES FOR OLD-AGE ASSISTANCE
Sec.
Authorization of appropriations.
State old-age plans.
Payments to States and certain territories; computation of amount; eligibility of State to receive payment.
Stopping payment on deviation from required provisions of plan or failure to comply therewith.
SUBCHAPTER II—FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS
Trust Funds.
401a.
Old-age and survivors insurance benefit payments.
Reduction of insurance benefits.
Overpayments and underpayments.
Evidence, procedure, and certification for payments.
Regulations pertaining to frequency or due dates of payments and reports under voluntary agreements covering State and local employees; effective date.
Reducing identity fraud.
Representation of claimants before Commissioner.
Assignment of benefits.
Penalties.
"Wages" defined.
Definitions relating to employment.
Transferred.
Definitions relating to self-employment.
Self-employment income credited to calendar years.
Quarter and quarter of coverage.
Insured status for purposes of old-age and survivors insurance benefits.
Computation of primary insurance amount.
Additional definitions.
Benefits for veterans.
Voluntary agreements for coverage of State and local employees.
Voluntary agreements for coverage of Indian tribal council members.
Disability provisions inapplicable if benefit rights impaired.
Disability determinations.
Rehabilitation services.
Disability insurance benefit payments.
Reduction of disability benefits.
Additional rules relating to benefits based on disability.
Entitlement to hospital insurance benefits.
End stage renal disease program.
Transitional provision on eligibility of uninsured individuals for hospital insurance benefits.
Transitional insured status for purposes of old-age and survivors benefits.
Benefits at age 72 for certain uninsured individuals.
Benefits in case of members of uniformed services.
Adjustment of contribution and benefit base.
Benefits for certain individuals interned by United States during World War II.
Processing of tax data.
International agreements.
Demonstration project authority.
SUBCHAPTER III—GRANTS TO STATES FOR UNEMPLOYMENT COMPENSATION ADMINISTRATION
Use of available funds.
Payments to States; computation of amounts.
State laws.
Judicial review.
Demonstration projects.
Grants to States for reemployment services and eligibility assessments.
SUBCHAPTER IV—GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
Part A—Block Grants to States for Temporary Assistance for Needy Families
Purpose.
Eligible States; State plan.
Grants to States.
Use of grants.
Services provided by charitable, religious, or private organizations.
Administrative provisions.
Federal loans for State welfare programs.
Mandatory work requirements.
Prohibitions; requirements.
Fraud under means-tested welfare and public assistance programs.
Appeal of adverse decision.
Data collection and reporting.
State required to provide certain information.
Direct funding and administration by Indian tribes.
Evaluation of temporary assistance for needy families and related programs.
Waivers.
Administration.
Limitation on Federal authority.
Funding for child care.
Part B—Child and Family Services
subpart 1—child welfare services
State plans for child welfare services.
Allotments to States.
Payment to States.
Limitations on authorization of appropriations.
Research, training, or demonstration projects.
Family connection grants.
Payments to Indian tribal organizations.
National random sample study of child welfare.
subpart 2—promoting safe and stable families
State plans.
629c.
629d.
Payments to States.
629e.
Evaluations; research; technical assistance.
629f.
Authorization of appropriations; reservation of certain amounts.
629g.
Discretionary and targeted grants.
629h.
Entitlement funding for State courts to assess and improve handling of proceedings relating to foster care and adoption.
629i.
Grants for programs for mentoring children of prisoners.
subpart 3—common provisions
629m.
Data exchange standards for improved interoperability.
Part C—Work Incentive Program for Recipients of Aid Under State Plan Approved Under Part A
630 to 645.
Repealed or Omitted.
Part D—Child Support and Establishment of Paternity
Duties of Secretary.
Federal Parent Locator Service.
State Directory of New Hires.
State plan for child and spousal support.
Automated data processing.
Collection and disbursement of support payments.
Provision for reimbursement of expenses.
Support obligation as obligation to State; amount; discharge in bankruptcy.
Distribution of collected support.
Incentive payments to States.
Consent by United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations.
International support enforcement.
Civil action to enforce child support obligations; jurisdiction of district courts.
Use of Federal Parent Locator Service in connection with enforcement or determination of child custody in cases of parental kidnaping of child.
Collection of past-due support from Federal tax refunds.
Allotments from pay for child and spousal support owed by members of uniformed services on active duty.
Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement.
State guidelines for child support awards.
Encouragement of States to adopt civil procedure for establishing paternity in contested cases.
Collection and reporting of child support enforcement data.
Nonliability for financial institutions providing financial records to State child support enforcement agencies in child support cases.
Grants to States for access and visitation programs.
Part E—Federal Payments for Foster Care, Prevention, and Permanency
Congressional declaration of purpose; authorization of appropriations.
State plan for foster care and adoption assistance.
Foster care maintenance payments program.
Adoption and guardianship assistance program.
Interstate compacts.
Adoption and legal guardianship incentive payments.
Timely interstate home study incentive payments.
Additional case plan and case review system requirements.
John H. Chafee Foster Care Program for Successful Transition to Adulthood.
Rule of construction.
Collection of data relating to adoption and foster care.
National Adoption Information Clearinghouse.
Annual report.
Programs operated by Indian tribal organizations.
Part F—Job Opportunities and Basic Skills Training Program
SUBCHAPTER V—MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT
Authorization of appropriations; purposes; definitions.
Allotment to States and Federal set-aside.
Use of allotment funds.
Nonavailability of allotments after close of fiscal year.
Application for block grant funds.
Administrative and fiscal accountability.
Criminal penalty for false statements.
Nondiscrimination provisions.
Administration of Federal and State programs.
Sexual risk avoidance education.
Maternal, infant, and early childhood home visiting programs.
Services to individuals with a postpartum condition and their families.
Personal responsibility education.
Omitted or Repealed.
SUBCHAPTER VI—TEMPORARY STATE FISCAL RELIEF
SUBCHAPTER VII—ADMINISTRATION
Social Security Administration.
Commissioner; Deputy Commissioner; other officers.
Social Security Advisory Board.
Administrative duties of Commissioner.
905, 905a.
Training grants for public welfare personnel.
National Commission on Social Security.
Delivery of benefit checks.
Recommendations by Board of Trustees to remedy inadequate balances in Social Security trust funds.
Budgetary treatment of trust fund operations.
Office of Rural Health Policy.
Duties and authority of Secretary.
Office of Women's Health.
SUBCHAPTER VIII—SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS
Basic entitlement to benefits.
Qualified individuals.
Residence outside the United States.
Disqualifications.
Benefit amount.
Applications and furnishing of information.
Representative payees.
Hearings and review.
Other administrative provisions.
1010a.
Optional Federal administration of State recognition payments.
Penalties for fraud.
SUBCHAPTER IX—EMPLOYMENT SECURITY ADMINISTRATIVE FINANCING
Employment security administration account.
Transfers between Federal unemployment account and employment security administration account.
Amounts transferred to State accounts.
Unemployment Trust Fund.
Extended unemployment compensation account.
Unemployment compensation research program.
Personnel training.
Advisory Council on Unemployment Compensation.
Federal Employees Compensation Account.
Borrowing between Federal accounts.
Data exchange standardization for improved interoperability.
SUBCHAPTER X—GRANTS TO STATES FOR AID TO BLIND
State plans for aid to blind.
Operation of State plans.
"Aid to the blind" defined.
SUBCHAPTER XI—GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE SIMPLIFICATION
Part A—General Provisions
1301–1, 1301a.
Rules and regulations; impact analyses of Medicare and Medicaid rules and regulations on small rural hospitals.
Separability.
Reservation of right to amend or repeal.
Short title of chapter.
Disclosure of information in possession of Social Security Administration or Department of Health and Human Services.
Public access to State disbursement records.
1306b.
State data exchanges.
1306c.
Restriction on access to the Death Master File.
Penalty for fraud.
Additional grants to Puerto Rico, Virgin Islands, Guam, and American Samoa; limitation on total payments.
Amounts disregarded not to be taken into account in determining eligibility of other individuals.
Cooperative research or demonstration projects.
Public assistance payments to legal representatives.
Medical care guides and reports for public assistance and medical assistance.
Assistance for United States citizens returned from foreign countries.
Public advisory groups.
Measurement and reporting of welfare receipt.
National Advisory Committee on the Sex Trafficking of Children and Youth in the United States.
Center for Medicare and Medicaid Innovation.
Providing Federal coverage and payment coordination for dual eligible beneficiaries.
Administrative and judicial review of public assistance determinations.
Appointment of the Administrator and Chief Actuary of the Centers for Medicare & Medicaid Services.
Alternative Federal payment with respect to public assistance expenditures.
Federal participation in payments for repairs to home owned by recipient of aid or assistance.
Approval of certain projects.
Uniform reporting systems for health services facilities and organizations.
1320a–1.
Limitation on use of Federal funds for capital expenditures.
1320a–1a.
Effect of failure to carry out State plan.
Reviews of child and family services programs, and of foster care and adoption assistance programs, for conformity with State plan requirements.
Disclosure of ownership and related information; procedure; definitions; scope of requirements.
Disclosure requirements for other providers under part B of Medicare.
Issuance of subpenas by Comptroller General.
Disclosure by institutions, organizations, and agencies of owners, officers, etc., convicted of offenses related to programs; notification requirements; "managing employee" defined.
Adjustments in SSI benefits on account of retroactive benefits under subchapter II.
Interagency coordination to improve program administration.
Exclusion of certain individuals and entities from participation in Medicare and State health care programs.
Civil monetary penalties.
1320a–7b.
Criminal penalties for acts involving Federal health care programs.
1320a–7c.
Fraud and abuse control program.
1320a–7d.
Guidance regarding application of health care fraud and abuse sanctions.
1320a–7e.
Health care fraud and abuse data collection program.
1320a–7f.
Coordination of medicare and medicaid surety bond provisions.
1320a–7g.
Funds to reduce medicaid fraud and abuse.
1320a–7h.
Transparency reports and reporting of physician ownership or investment interests.
1320a–7i.
Reporting of information relating to drug samples.
1320a–7j.
Accountability requirements for facilities.
1320a–7k.
Medicare and Medicaid program integrity provisions.
1320a–7l.
Nationwide program for national and State background checks on direct patient access employees of long-term care facilities and providers.
1320a–7m.
Use of predictive modeling and other analytics technologies to identify and prevent waste, fraud, and abuse in the Medicare fee-for-service program.
1320a–7n.
Disclosure of predictive modeling and other analytics technologies to identify and prevent waste, fraud, and abuse.
Civil monetary penalties and assessments for subchapters II, VIII and XVI.
Administrative procedure for imposing penalties for false or misleading statements.
Attempts to interfere with administration of this chapter.
1320a–10.
1320b–1.
Notification of Social Security claimant with respect to deferred vested benefits.
Period within which certain claims must be filed.
Applicants or recipients under public assistance programs not to be required to make election respecting certain veterans' benefits.
Nonprofit hospital or critical access hospital philanthropy.
Authority to waive requirements during national emergencies.
Exclusion of representatives and health care providers convicted of violations from participation in social security programs.
Income and eligibility verification system.
Hospital protocols for organ procurement and standards for organ procurement agencies.
Improved access to, and delivery of, health care for Indians under subchapters XIX and XXI.
1320b–9a.
Child health quality measures.
1320b–9b.
Adult health quality measures.
1320b–10.
Prohibitions relating to references to Social Security or Medicare.
Blood Donor Locator Service.
Research on outcomes of health care services and procedures.
Social security account statements.
Outreach efforts to increase awareness of the availability of medicare cost-sharing and subsidies for low-income individuals under subchapter XVIII.
Protection of social security and medicare trust funds.
Public disclosure of certain information on hospital financial interest and referral patterns.
Cross-program recovery of overpayments from benefits.
The Ticket to Work and Self-Sufficiency Program.
Work incentives outreach program.
State grants for work incentives assistance to disabled beneficiaries.
Grants to develop and establish State infrastructures to support working individuals with disabilities.
Pharmacy benefit managers transparency requirements.
Consultation with Tribal Technical Advisory Group.
Reporting to law enforcement of crimes occurring in federally funded long-term care facilities.
Part B—Peer Review of Utilization and Quality of Health Care Services
1320c–1.
Definition of quality improvement organization.
Contracts with quality improvement organizations.
Functions of quality improvement organizations.
Right to hearing and judicial review.
Obligations of health care practitioners and providers of health care services; sanctions and penalties; hearings and review.
Limitation on liability.
Application of this part to certain State programs receiving Federal financial assistance.
Authorization for use of certain funds to administer provisions of this part.
Prohibition against disclosure of information.
1320c–10.
Annual reports.
Exemptions for religious nonmedical health care institutions.
Medical officers in American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands to be included in the quality improvement program.
1320c–13 to 1320c–22. Repealed or Omitted.
Part C—Administrative Simplification
1320d.
1320d–1.
General requirements for adoption of standards.
Standards for information transactions and data elements.
Timetables for adoption of standards.
General penalty for failure to comply with requirements and standards.
Wrongful disclosure of individually identifiable health information.
Effect on State law.
Processing payment transactions by financial institutions.
Application of HIPAA regulations to genetic information.
Part D—Comparative Clinical Effectiveness Research
1320e.
Comparative clinical effectiveness research.
1320e–1.
Limitations on certain uses of comparative clinical effectiveness research.
Trust Fund transfers to Patient-Centered Outcomes Research Trust Fund.
Information exchange with payroll data providers.
SUBCHAPTER XII—ADVANCES TO STATE UNEMPLOYMENT FUNDS
Eligibility requirements for transfer of funds; reimbursement by State; application; certification; limitation.
Repayment by State; certification; transfer; interest on loan; credit of interest on loan.
Repayable advances to Federal unemployment account.
"Governor" defined.
SUBCHAPTER XIII—RECONVERSION UNEMPLOYMENT BENEFITS FOR SEAMEN
1331 to 1336.
SUBCHAPTER XIV—GRANTS TO STATES FOR AID TO PERMANENTLY AND TOTALLY DISABLED
State plans for aid to permanently and totally disabled.
SUBCHAPTER XV—UNEMPLOYMENT COMPENSATION FOR FEDERAL EMPLOYEES
SUBCHAPTER XVI—SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND DISABLED
Statement of purpose; authorization of appropriations.
Part A—Determination of Benefits
Eligibility for benefits.
Income; earned and unearned income defined; exclusions from income.
Resources.
Rehabilitation services for blind and disabled individuals.
Supplementary assistance by State or subdivision to needy individuals.
1382f.
Cost-of-living adjustments in benefits.
1382g.
Payments to State for operation of supplementation program.
1382h.
Benefits for individuals who perform substantial gainful activity despite severe medical impairment.
1382i.
Medical and social services for certain handicapped persons.
1382j.
Attribution of sponsor's income and resources to aliens.
1382k.
Part B—Procedural and General Provisions
Procedure for payment of benefits.
Eligibility for medical assistance of aged, blind, or disabled individuals under State's medical assistance plan.
Outreach program for children.
Treatment referrals for individuals with alcoholism or drug addiction condition.
Annual report on program.
SUBCHAPTER XVII—GRANTS FOR PLANNING COMPREHENSIVE ACTION TO COMBAT MENTAL RETARDATION
Availability of funds during certain fiscal years; limitation on amount; utilization of grant.
Applications; single State agency designation; essential planning services; plans for expenditure; final activities report and other necessary reports; records; accounting.
Payments to States; adjustments; advances or reimbursement; installments; conditions.
SUBCHAPTER XVIII—HEALTH INSURANCE FOR AGED AND DISABLED
Prohibition against any Federal interference.
Free choice by patient guaranteed.
Option to individuals to obtain other health insurance protection.
Incentives for economy while maintaining or improving quality in provision of health services.
Notice of medicare benefits; medicare and medigap information.
Health insurance advisory service for medicare beneficiaries.
Health insurance information, counseling, and assistance grants.
Beneficiary incentive programs.
Medicare Payment Advisory Commission.
Explanation of medicare benefits.
Chronic care improvement.
Provisions relating to administration.
Addressing health care disparities.
Part A—Hospital Insurance Benefits for Aged and Disabled
Description of program.
Scope of benefits.
Deductibles and coinsurance.
Conditions of and limitations on payment for services.
Payments to providers of services.
Provisions relating to the administration of part A.
Federal Hospital Insurance Trust Fund.
1395i–1.
1395i–1a.
Hospital insurance benefits for uninsured elderly individuals not otherwise eligible.
Hospital insurance benefits for disabled individuals who have exhausted other entitlement.
Requirements for, and assuring quality of care in, skilled nursing facilities.
Protecting residents of long-term care facilities.
Medicare rural hospital flexibility program.
Conditions for coverage of religious nonmedical health care institutional services.
Part B—Supplementary Medical Insurance Benefits for Aged and Disabled
Establishment of supplementary medical insurance program for aged and disabled.
Scope of benefits; definitions.
1395l.
Payment of benefits.
1395m.
Special payment rules for particular items and services.
1395m–1.
Improving policies for clinical diagnostic laboratory tests.
1395n.
Procedure for payment of claims of providers of services.
1395o.
Eligible individuals.
Enrollment periods.
1395q.
Coverage period.
Amount of premiums for individuals enrolled under this part.
1395s.
Payment of premiums.
1395t.
Federal Supplementary Medical Insurance Trust Fund.
1395t–1, 1395t–2. Repealed.
1395u.
Provisions relating to the administration of part B.
1395v.
Agreements with States.
1395w.
Appropriations to cover Government contributions and contingency reserve.
1395w–1.
Intermediate sanctions for providers or suppliers of clinical diagnostic laboratory tests.
Competitive acquisition of certain items and services.
1395w–3a.
Use of average sales price payment methodology.
1395w–3b.
Competitive acquisition of outpatient drugs and biologicals.
Payment for physicians' services.
Public reporting of performance information.
Empowering beneficiary choices through continued access to information on physicians' services.
Part C—Medicare+Choice Program
1395w–21.
Eligibility, election, and enrollment.
Benefits and beneficiary protections.
Payments to Medicare+Choice organizations.
Premiums and bid amounts.
Organizational and financial requirements for Medicare+Choice organizations; provider-sponsored organizations.
Establishment of standards.
Contracts with Medicare+Choice organizations.
1395w–27a.
Special rules for MA regional plans.
Definitions; miscellaneous provisions.
Part D—Voluntary Prescription Drug Benefit Program
subpart 1—part d eligible individuals and prescription drug benefits
1395w–101.
Eligibility, enrollment, and information.
Prescription drug benefits.
Access to a choice of qualified prescription drug coverage.
Beneficiary protections for qualified prescription drug coverage.
subpart 2—prescription drug plans; pdp sponsors; financing
PDP regions; submission of bids; plan approval.
Requirements for and contracts with prescription drug plan (PDP) sponsors.
Premiums; late enrollment penalty.
Premium and cost-sharing subsidies for low-income individuals.
1395w–114a.
Medicare coverage gap discount program.
Subsidies for part D eligible individuals for qualified prescription drug coverage.
Medicare Prescription Drug Account in the Federal Supplementary Medical Insurance Trust Fund.
subpart 3—application to medicare advantage program and treatment of employer-sponsored programs and other prescription drug plans
Application to Medicare Advantage program and related managed care programs.
Special rules for employer-sponsored programs.
State Pharmaceutical Assistance Programs.
Coordination requirements for plans providing prescription drug coverage.
subpart 4—medicare prescription drug discount card and transitional assistance program
Medicare prescription drug discount card and transitional assistance program.
subpart 5—definitions and miscellaneous provisions
Definitions; treatment of references to provisions in part C.
Miscellaneous provisions.
Condition for coverage of drugs under this part.
Improved Medicare prescription drug plan and MA–PD plan complaint system.
Part E—Miscellaneous Provisions
1395x.
1395y.
Exclusions from coverage and medicare as secondary payer.
1395z.
Consultation with State agencies and other organizations to develop conditions of participation for providers of services.
1395aa.
1395bb.
Effect of accreditation.
1395cc.
Agreements with providers of services; enrollment processes.
1395cc–1.
Demonstration of application of physician volume increases to group practices.
Provisions for administration of demonstration program.
Health care quality demonstration program.
National pilot program on payment bundling.
Independence at home medical practice demonstration program.
Opioid use disorder treatment demonstration program.
1395dd.
Examination and treatment for emergency medical conditions and women in labor.
1395ee.
Practicing Physicians Advisory Council; Council for Technology and Innovation.
1395ff.
Determinations; appeals.
1395gg.
Overpayment on behalf of individuals and settlement of claims for benefits on behalf of deceased individuals.
1395hh.
Regulations.
1395ii.
Application of certain provisions of subchapter II.
1395jj.
Designation of organization or publication by name.
1395kk.
Administration of insurance programs.
1395kk–1.
Contracts with medicare administrative contractors.
Expanding availability of Medicare data.
1395ll.
Studies and recommendations.
1395mm.
Payments to health maintenance organizations and competitive medical plans.
1395nn.
Limitation on certain physician referrals.
1395oo.
Provider Reimbursement Review Board.
1395pp.
Limitation on liability where claims are disallowed.
1395qq.
Indian Health Service facilities.
1395rr.
1395rr–1.
Medicare coverage for individuals exposed to environmental health hazards.
1395ss.
Certification of medicare supplemental health insurance policies.
1395ss–1.
Clarification.
1395tt.
Hospital providers of extended care services.
1395uu.
Payments to promote closing or conversion of underutilized hospital facilities.
1395vv.
Withholding payments from certain medicaid providers.
1395ww.
Payments to hospitals for inpatient hospital services.
1395xx.
Payment of provider-based physicians and payment under certain percentage arrangements.
1395yy.
Payment to skilled nursing facilities for routine service costs.
1395zz.
Provider education and technical assistance.
1395aaa.
Contract with a consensus-based entity regarding performance measurement.
1395aaa–1.
Quality and efficiency measurement.
1395bbb.
Conditions of participation for home health agencies; home health quality.
1395ccc.
Offset of payments to individuals to collect past-due obligations arising from breach of scholarship and loan contract.
1395ddd.
Medicare Integrity Program.
1395eee.
Payments to, and coverage of benefits under, programs of all-inclusive care for elderly (PACE).
1395fff.
Prospective payment for home health services.
1395ggg.
1395hhh.
Health care infrastructure improvement program.
1395iii.
Medicare Improvement Fund.
1395jjj.
Shared savings program.
1395kkk, 1395kkk–1. Repealed.
1395lll.
Standardized post-acute care (PAC) assessment data for quality, payment, and discharge planning.
SUBCHAPTER XIX—GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS
Medicaid and CHIP Payment and Access Commission.
State plans for medical assistance.
Payment adjustment for health care-acquired conditions.
Enrollment of individuals under group health plans.
Premium assistance.
Observance of religious beliefs.
State programs for licensing of administrators of nursing homes.
1396g–1.
Required laws relating to medical child support.
State false claims act requirements for increased State share of recoveries.
Certification and approval of rural health clinics and intermediate care facilities for mentally retarded.
Assignment, enforcement, and collection of rights of payments for medical care; establishment of procedures pursuant to State plan; amounts retained by State.
Hospital providers of nursing facility services.
Withholding of Federal share of payments for certain medicare providers.
Compliance with State plan and payment provisions.
Use of enrollment fees, premiums, deductions, cost sharing, and similar charges.
1396o–1.
State option for alternative premiums and cost sharing.
Liens, adjustments and recoveries, and transfers of assets.
Application of provisions of subchapter II relating to subpoenas.
Requirements for nursing facilities.
1396r–1.
Presumptive eligibility for pregnant women.
1396r–1a.
Presumptive eligibility for children.
1396r–1b.
Presumptive eligibility for certain breast or cervical cancer patients.
1396r–1c.
Presumptive eligibility for family planning services.
Information concerning sanctions taken by State licensing authorities against health care practitioners and providers.
Correction and reduction plans for intermediate care facilities for mentally retarded.
Adjustment in payment for inpatient hospital services furnished by disproportionate share hospitals.
Treatment of income and resources for certain institutionalized spouses.
Extension of eligibility for medical assistance.
Payment for covered outpatient drugs.
Program for distribution of pediatric vaccines.
Home and community care for functionally disabled elderly individuals.
Community supported living arrangements services.
1396u–1.
Assuring coverage for certain low-income families.
Provisions relating to managed care.
State coverage of medicare cost-sharing for additional low-income medicare beneficiaries.
Program of all-inclusive care for elderly (PACE).
Special provisions relating to medicare prescription drug benefit.
Medicaid Integrity Program.
State flexibility in benefit packages.
Health opportunity accounts.
References to laws directly affecting medicaid program.
Asset verification through access to information held by financial institutions.
Medicaid Improvement Fund.
Authorization to receive relevant information.
Enrollment simplification and coordination with State health insurance exchanges.
Requirements relating to qualified prescription drug monitoring programs and prescribing certain controlled substances.
State option to provide coordinated care through a health home for individuals with chronic conditions.
State option to provide coordinated care through a health home for children with medically complex conditions.
SUBCHAPTER XX—BLOCK GRANTS AND PROGRAMS FOR SOCIAL SERVICES AND ELDER JUSTICE
Division A—Block Grants to States for Social Services
Purposes of division; authorization of appropriations.
State reporting requirements.
Limitation on use of grants; waiver.
Additional grants.
Demonstration projects to address health professions workforce needs.
Program for early detection of certain medical conditions related to environmental health hazards.
Division B—Elder Justice
1397j–1.
General provisions.
Part I—National Coordination of Elder Justice Activities and Research
subpart a—elder justice coordinating council and advisory board on elder abuse, neglect, and exploitation
Elder Justice Coordinating Council.
1397k–1.
Advisory Board on Elder Abuse, Neglect, and Exploitation.
Research protections.
subpart b—elder abuse, neglect, and exploitation forensic centers
Establishment and support of elder abuse, neglect, and exploitation forensic centers.
Part II—Programs To Promote Elder Justice
Enhancement of long-term care.
Adult protective services functions and grant programs.
Long-term care ombudsman program grants and training.
Provision of information regarding, and evaluations of, elder justice programs.
Report.
Division C—Social Impact Demonstration Projects
1397n–1.
Social impact partnership application.
Awarding social impact partnership agreements.
Feasibility study funding.
Evaluations.
Federal Interagency Council on Social Impact Partnerships.
Commission on Social Impact Partnerships.
Limitation on use of funds.
No Federal funding for credit enhancements.
Availability of funds.
1397n–10.
Funding.
SUBCHAPTER XXI—STATE CHILDREN'S HEALTH INSURANCE PROGRAM
Purpose; State child health plans.
General contents of State child health plan; eligibility; outreach.
Coverage requirements for children's health insurance.
Process for submission, approval, and amendment of State child health plans.
Strategic objectives and performance goals; plan administration.
Annual reports; evaluations.
Phase-out of coverage for nonpregnant childless adults; conditions for coverage of parents.
Optional coverage of targeted low-income pregnant women through a State plan amendment.
Grants to improve outreach and enrollment.
Repeal of Subchapter I of This Chapter; Inapplicability of Repeal to Puerto Rico, Guam, and Virgin Islands
Pub. L. 92–603, title III, §303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this subchapter is repealed effective January 1, 1974, except with respect to Puerto Rico, Guam, and the Virgin Islands.
Pub. L. 97–35, title XXI, §2184(a)(1), Aug. 13, 1981, 95 Stat. 816, struck out "AND MEDICAL ASSISTANCE" after "OLD-AGE ASSISTANCE" in subchapter heading. Words "FOR THE AGED" following "AND MEDICAL ASSISTANCE" were editorially struck out.
Pub. L. 86–778, title VI, §601(a), Sept. 13, 1960, 74 Stat. 987, inserted "AND MEDICAL ASSISTANCE FOR THE AGED" at end of subchapter heading.
For the purpose of enabling each State, as far as practicable under the conditions in such State, to furnish financial assistance to aged needy individuals, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this subchapter. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Secretary of Health and Human Services (hereinafter referred to as the "Secretary"), State plans for old-age assistance.
(Aug. 14, 1935, ch. 531, title I, §1, 49 Stat. 620; Aug. 28, 1950, ch. 809, title III, pt. 6, §361(a), 64 Stat. 558; Aug. 1, 1956, ch. 836, title III, §311(a), 70 Stat. 848; Pub. L. 86–778, title VI, §601(b), Sept. 13, 1960, 74 Stat. 987; Pub. L. 87–543, title I, §104(c)(1), July 25, 1962, 76 Stat. 185; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97–35, title XXI, §2184(a)(2), Aug. 13, 1981, 95 Stat. 816.)
Repeal of Section
Pub. L. 92–603, title III, §303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this section is repealed effective Jan. 1, 1974, except with respect to Puerto Rico, Guam, and the Virgin Islands.
1981—Pub. L. 97–35 substituted "purpose of enabling" for "purpose (a) of enabling", struck out provisions designated as cls. (b) and (c) which authorized appropriations for the purpose of enabling each State to furnish medical assistance to aged individuals who are not recipients of old-age assistance but whose income and resources are insufficient to meet the cost of necessary medical care and of encouraging each State to furnish rehabilitation and other services to individuals to attain and retain capability for self-care, and struck out ", or for medical assistance for the aged, or for old-age assistance and medical assistance for the aged" after "plans for old-age assistance".
1962—Pub. L. 87–543 amended first sentence generally, striking from cl. (a) provision relating to the purpose of encouraging each State, as far as practicable under the conditions in the State, to help aged needy individuals attain self-care, and adding cl. (c) incorporating the struck out provision.
1960—Pub. L. 86–778 amended section generally, authorizing appropriations for the purpose of enabling each State, as far as practicable under the conditions in such State, to furnish medical assistance on behalf of aged individuals who are not recipients of old-age assistance but whose income and resources are insufficient to meet the costs of necessary medical services.
1956—Act Aug. 1, 1956, struck out specific appropriation for fiscal year ending June 30, 1956, and inserted provisions relating to attainment of self-care by individuals.
1950—Act Aug. 28, 1950, §361(a), substituted "Federal Security Administrator (hereinafter referred to as the 'Administrator')" for "Social Security Board established by subchapter I of this chapter (hereinafter referred to as the 'Board')".
Effective Date of 1960 Amendment
Pub. L. 86–778, title VI, §604, Sept. 13, 1960, 74 Stat. 992, provided that: "The amendments made by section 601 of this Act [amending this section and sections 302, 303, 304, and 306 of this title] shall take effect October 1, 1960, and the amendments made by section 602 [amending section 1308 of this title] shall be effective with respect to fiscal years ending after 1960."
Secretary of Health and Human Services substituted in text for Secretary of Health, Education, and Welfare pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.
For short title of this chapter and of amendments thereto, see section 1305 of this title and Short Title notes set out thereunder.
Declaration of Purpose of Title III of Act August 1, 1956
Act Aug. 1, 1956, ch. 836, title III, §300, 70 Stat. 846, provided that: "It is the purpose of this title [enacting sections 906 and 1310 of this title and amending this section and sections 302, 303, 601, 602, 603, 606, 1201, 1202, 1203, 1301, 1308, 1351, 1352, and 1353 of this title] (a) to promote the health of the Nation by assisting States to extend and broaden their provisions for meeting the costs of medical care for persons eligible for public assistance by providing for separate matching of assistance expenditures for medical care, (b) to promote the well-being of the Nation by encouraging the States to place greater emphasis on helping to strengthen family life and helping needy families and individuals attain the maximum economic and personal independence of which they are capable, (c) to assist in improving the administration of public assistance programs (1) through making grants and contracts, and entering into jointly financed cooperative arrangements, for research or demonstration projects and (2) through Federal-State programs of grants to institutions and traineeships and fellowships so as to provide training of public welfare personnel, thereby securing more adequately trained personnel, and (d) to improve aid to dependent children."
Puerto Rico, Guam, and the Virgin Islands
Pub. L. 92–603, title III, §303(b), Oct. 30, 1972, 86 Stat. 1484, provided that: "The amendments made by sections 301 [enacting sections 1381 to 1383c of this title] and 302 [enacting sections 801 to 805 of this title] and the repeals made by subsection (a) [repealing this section and sections 302 to 306, 1201 to 1206, and 1351 to 1355 of this title] shall not be applicable in the case of Puerto Rico, Guam, and the Virgin Islands."
§302. State old-age plans
(a) Contents
A State plan for old-age assistance must—
(1) except to the extent permitted by the Secretary with respect to services, provide that it shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them;
(2) provide for financial participation by the State;
(3) either provide for the establishment or designation of a single State agency to administer the plan, or provide for the establishment or designation of a single State agency to supervise the administration of the plan;
(4) provide (A) for granting an opportunity for a fair hearing before the State agency to any individual whose claim for assistance under the plan is denied or is not acted upon with reasonable promptness, and (B) that if the State plan is administered in each of the political subdivisions of the State by a local agency and such local agency provides a hearing at which evidence may be presented prior to a hearing before the State agency, such local agency may put into effect immediately upon issuance its decision upon the matter considered at such hearing;
(5) provide (A) such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods) as are found by the Secretary to be necessary for the proper and efficient operation of the plan, and (B) for the training and effective use of paid subprofessional staff, with particular emphasis on the full-time or part-time employment of recipients and other persons of low income, as community service aides, in the administration of the plan and for the use of nonpaid or partially paid volunteers in a social service volunteer program in providing services to applicants and recipients and in assisting any advisory committees established by the State agency;
(6) provide that the State agency will make such reports, in such form and containing such information, as the Secretary may from time to time require, and comply with such provisions as the Secretary may from time to time find necessary to assure the correctness and verification of such reports;
(7) provide safeguards which permit the use or disclosure of information concerning applicants or recipients only (A) to public officials who require such information in connection with their official duties, or (B) to other persons for purposes directly connected with the administration of the State plan;
(8) provide that all individuals wishing to make application for assistance under the plan shall have opportunity to do so, and that such assistance shall be furnished with reasonable promptness to all eligible individuals;
(9) provide, if the plan includes assistance for or on behalf of individuals in private or public institutions, for the establishment or designation of a State authority or authorities which shall be responsible for establishing and maintaining standards for such institutions;
(10) if the State plan includes old-age assistance—
(A) provide that the State agency shall, in determining need for such assistance, take into consideration any other income and resources of an individual claiming old-age assistance, as well as any expenses reasonably attributable to the earning of any such income; except that, in making such determination, (i) the State agency may disregard not more than $7.50 per month of any income and (ii) of the first $80 per month of additional income which is earned the State agency may disregard not more than the first $20 thereof plus one-half of the remainder;
(B) include reasonable standards, consistent with the objectives of this subchapter, for determining eligibility for and the extent of such assistance; and
(C) provide a description of the services (if any) which the State agency makes available (using whatever internal organizational arrangement it finds appropriate for this purpose) to applicants for and recipients of such assistance to help them attain self-care, including a description of the steps taken to assure, in the provision of such services, maximum utilization of other agencies providing similar or related services; and
(11) provide that information is requested and exchanged for purposes of income and eligibility verification in accordance with a State system which meets the requirements of section 1320b–7 of this title.
(b) Approval by Secretary
The Secretary shall approve any plan which fulfills the conditions specified in subsection (a), except that he shall not approve any plan which imposes, as a condition of eligibility for assistance under the plan—
(1) an age requirement of more than sixty-five years; or
(2) any residence requirement which (A) in the case of applicants for old-age assistance, excludes any resident of the State who has resided therein five years during the nine years immediately preceding the application for old-age assistance and has resided therein continuously for one year immediately preceding the application, and (B) in the case of applicants for medical assistance for the aged, excludes any individual who resides in the State; or
(3) any citizenship requirement which excludes any citizen of the United States.
At the option of the State, the plan may provide that manuals and other policy issuances will be furnished to persons without charge for the reasonable cost of such materials, but such provision shall not be required by the Secretary as a condition for the approval of such plan under this subchapter.
(c) Limitation on number of plans
Nothing in this subchapter shall be construed to permit a State to have in effect with respect to any period more than one State plan approved under this subchapter.
(Aug. 14, 1935, ch. 531, title I, §2, 49 Stat. 620; Aug. 10, 1939, ch. 666, title I, §101, 53 Stat. 1360; Aug. 28, 1950, ch. 809, title III, pt. 1, §301(a), (b), pt. 6, §361(c), (d), 64 Stat. 548, 558; Aug. 1, 1956, ch. 836, title III, §311(b), 70 Stat. 848; Pub. L. 85–840, title V, §510, Aug. 28, 1958, 72 Stat. 1051; Pub. L. 86–778, title VI, §601(b), Sept. 13, 1960, 74 Stat. 987; Pub. L. 87–543, title I, §§106(a)(1), 157, July 25, 1962, 76 Stat. 188, 207; Pub. L. 89–97, title II, §221(a)(3), title IV, §403(a), July 30, 1965, 79 Stat. 357, 418; Pub. L. 90–248, title II, §§210(a)(1), 213(a)(1), Jan. 2, 1968, 81 Stat. 895, 898; Pub. L. 92–603, title IV, §§405(a), 406(a), 407(a), 410(a), 413(a), Oct. 30, 1972, 86 Stat. 1488, 1489, 1491, 1492; Pub. L. 97–35, title XXI, §2184(a)(3), Aug. 13, 1981, 95 Stat. 816; Pub. L. 98–369, div. B, title VI, §2651(e), July 18, 1984, 98 Stat. 1149.)
1984—Subsec. (a)(11). Pub. L. 98–369 added par. (11).
1981—Subsec. (a). Pub. L. 97–35 struck out in provision preceding par. (1) ", or for medical assistance for the aged, or for old-age assistance and medical assistance for the aged" par. (11) which specified the contents the State plan must contain if it includes medical assistance for the aged, par. (12) which specified the contents the State plan must contain if it includes assistance to or in behalf of individuals who are patients in institutions for mental diseases, and par. (13) which provided that if the State plan includes assistance to or in behalf of patients in public institutions for mental diseases, it show that the State is making satisfactory progress towards developing and implementing a comprehensive mental health program.
1972—Subsec. (a)(1). Pub. L. 92–603, §410(a), inserted "except to the extent permitted by the Secretary with respect to services" before "provide".
Subsec. (a)(4). Pub. L. 92–603, §407(a), designated existing provisions as cl. (A) and added cl. (B).
Subsec. (a)(7). Pub. L. 92–603, §413(a), substituted provisions permitting use or disclosure of information concerning applicants or recipients to public officials requiring such information in connection with their official duties and to other persons for purposes directly connected with administration of the State plan, for provisions restricting use or disclosure of such information to purposes directly connected with administration of the State plan.
Subsec. (a)(10)(C). Pub. L. 92–603, §405(a), inserted provision relating to use of whatever internal organizational arrangement found appropriate.
Subsec. (b). Pub. L. 92–603, §406(a), inserted provision relating to furnishing of manuals and other policy issuances to persons without charge and at option of the State.
1968—Subsec. (a)(5). Pub. L. 90–248, §210(a)(1), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (a)(10)(A)(i). Pub. L. 90–248, §213(a)(1), increased from $5 to $7.50 limitation on amount of any income which the State may disregard in making its determination of need.
1965—Subsec. (a)(10)(A). Pub. L. 89–97, §403(a), placed a ceiling of $5 on amount of any income which the State may disregard in making its determination of need and substituted "$80" and "$20" for "$50" and "$10" respectively.
Subsec. (a)(12), (13). Pub. L. 89–97, §221(a)(3), added pars. (12) and (13).
1962—Subsec. (a)(10)(A). Pub. L. 87–543 inserted "as well as any expenses reasonably attributable to the earning of any such income" and exception provision.
1960—Subsec. (a). Pub. L. 86–778 amended subsec. (a) generally, inserting provisions relating to plans for medical assistance, and required plans that include old-age assistance to include reasonable standards, consistent with objectives of this subchapter, for determining eligibility for and extent of such assistance.
Subsec. (b). Pub. L. 86–778 amended subsec. (b) generally, substituting "eligibility for assistance under the plan" for "eligibility for old-age assistance under the plan" in opening provisions, struck out provisions from par. (1) which permitted plan to impose an age requirement of as much as 70 years until Jan. 1, 1940, and inserted provisions in par. (2) requiring the Secretary to disapprove any plan, in the case of applicants for medical assistance for the aged, which excludes any individual who resides in the State.
Subsec. (c). Pub. L. 86–778 added subsec. (c).
1958—Subsec. (a)(11). Pub. L. 85–840 inserted provisions in par. (11) requiring the State plan to include a description of the steps taken to assure, in provision of such services, maximum utilization of other agencies providing similar or related services.
1956—Subsec. (a)(11). Act Aug. 1, 1956, added par. (11).
1950—Subsec. (a). Act Aug. 28, 1950, substituted "provide for granting an opportunity for a fair hearing before the State agency to any individual whose claim for old-age assistance is denied or is not acted upon with reasonable promptness" for "provide for granting to any individual, whose claim for old-age assistance is denied, an opportunity for a fair hearing before such State agency" in par. (4), "Administrator" for "Board" wherever appearing, and "he", "him", or "his" for "it" or "its" wherever appearing, and added pars. (9) and (10).
1939—Subsec. (a). Act Aug. 10, 1939, amended subsec. (a) generally commencing with par. (5).
Amendment by Pub. L. 98–369 effective Apr. 1, 1985, except as otherwise provided, see section 2651(l)(2) of Pub. L. 98–369, set out as an Effective Date note under section 1320b–7 of this title.
Pub. L. 90–248, title II, §210(b), Jan. 2, 1968, 81 Stat. 896, provided that: "Each of the amendments made by subsection (a) [amending this section and sections 602, 1202, 1352, 1382, and 1396a of this title] shall become effective July 1, 1969, or, if earlier (with respect to a State's plan approved under title I, X, XIV, XVI, or XIX, or part A of title IV [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq., 1396 et seq., 601 et seq.]) on the date as of which the modification of the State plan to comply with such amendment is approved."
Pub. L. 89–97, title II, §221(e), July 30, 1965, 79 Stat. 359, provided that: "The amendments made by this section [amending this section and sections 303, 306, 1206, 1355, 1382, 1383, and 1385 of this title] shall apply in the case of expenditures made after December 31, 1965, under a State plan approved under title I, X, XIV, or XVI of the Social Security Act [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.]."
Pub. L. 89–97, title IV, §403(a), July 30, 1965, 79 Stat. 418, provided that the amendment made by that section is effective Oct. 1, 1965.
Pub. L. 87–543, title II, §202(a), July 25, 1962, 76 Stat. 208, provided that: "The amendments made by sections 102(b)(1), 103, 106, and 134 [amending this section and sections 602, 607, 723, 1202, and 1352 of this title] shall become effective July 1, 1963."
Amendment by Pub. L. 86–778 effective Oct. 1, 1960, see section 604 of Pub. L. 86–778, set out as a note under section 301 of this title.
Act Aug. 1, 1956, ch. 836, title III, §314 [315], 70 Stat. 850, provided that: "The amendments made by sections 311(b), 312(b), 313(b), and 314(b) [amending this section and sections 602, 1202, and 1352 of this title] shall become effective July 1, 1957."
Act Aug. 28, 1950, ch. 809, title III, §301(c), 64 Stat. 548, provided that: "The amendments made by subsections (a) and (b) [amending this section] shall take effect July 1, 1951."
Transfer of Functions
Functions, powers, and duties of Secretary under subsec. (a)(5)(A) of this section, insofar as relates to the prescription of personnel standards on a merit basis, transferred to Office of Personnel Management, see section 4728(a)(3)(D) of this title.
Disregarding of Income of OASDI Recipients in Determining Need for Public Assistance
Pub. L. 92–603, title III, §306, Oct. 30, 1972, 86 Stat. 1485, provided that: "In addition to the requirements imposed by law as a condition of approval of a State plan to provide aid or assistance in the form of money payments to individuals under title I, X, XIV, or XVI of the Social Security Act [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.], there is hereby imposed the requirement (and the plan shall be deemed to require) that, in the case of any individual receiving aid or assistance for any month after October 1972, or, at the option of the State, September 1972, and before January 1974 who also receives in such month a monthly insurance benefit under title II of such Act [42 U.S.C. 401 et seq.] which was increased as a result of the enactment of Public Law 92–336, the sum of the aid or assistance received by him for such month, plus the monthly insurance benefit received by him in such month (not including any part of such benefit which is disregarded under such plan), shall exceed the sum of the aid or assistance which would have been received by him for such month under such plan as in effect for October 1972, plus the monthly insurance benefit which would have been received by him in such month, by an amount equal to $4 or (if less) to such increase in his monthly insurance benefit under such title II (whether such excess is brought about by disregarding a portion of such monthly insurance benefit or otherwise)."
§303. Payments to States and certain territories; computation of amount; eligibility of State to receive payment
(a) Computation of amounts
From the sums appropriated therefor, the Secretary of the Treasury shall pay to each State which has a plan approved under this subchapter, for each quarter, beginning with the quarter commencing October 1, 1960—
(1) Repealed. Pub. L. 97–35, title XXI, §2184(a)(4)(A), Aug. 13, 1981, 95 Stat. 816.
(2) in the case of Puerto Rico, the Virgin Islands, and Guam, an amount equal to one-half of the total of the sums expended during such quarter as old-age assistance under the State plan, not counting so much of any expenditure with respect to any month as exceeds $37.50 multiplied by the total number of recipients of old-age assistance for such month; plus
(4) in the case of any State, an amount equal to 50 percent of the total amounts expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan.
(b) Method of computing and paying amounts
The method of computing and paying such amounts shall be as follows:
(1) The Secretary of Health and Human Services shall, prior to the beginning of each quarter, estimate the amount to be paid to the State for such quarter under the provisions of subsection (a), such estimate to be based on (A) a report filed by the State containing its estimate of the total sum to be expended in such quarter in accordance with the provisions of such subsection, and stating the amount appropriated or made available by the State and its political subdivisions for such expenditures in such quarter, and if such amount is less than the State's proportionate share of the total sum of such estimated expenditures, the source or sources from which the difference is expected to be derived, (B) records showing the number of aged individuals in the State, and (C) such other investigation as the Secretary of Health and Human Services may find necessary.
(2) The Secretary of Health and Human Services shall then certify to the Secretary of the Treasury the amount so estimated by the Secretary of Health and Human Services, (A) reduced or increased, as the case may be, by any sum by which he finds that his estimate for any prior quarter was greater or less than the amount which should have been paid to the State under subsection (a) for such quarter, and (B) reduced by a sum equivalent to the pro rata share to which the United States is equitably entitled, as determined by the Secretary of Health and Human Services, of the net amount recovered during any prior quarter by the State or any political subdivision thereof with respect to assistance furnished under the State plan; except that such increases or reductions shall not be made to the extent that such sums have been applied to make the amount certified for any prior quarter greater or less than the amount estimated by the Secretary of Health and Human Services for such prior quarter: Provided, That any part of the amount recovered from the estate of a deceased recipient which is not in excess of the amount expended by the State or any political subdivision thereof for the funeral expenses of the deceased shall not be considered as a basis for reduction under clause (B) of this paragraph.
(3) The Secretary of the Treasury shall thereupon, through the Fiscal Service of the Treasury Department and prior to audit or settlement by the Government Accountability Office, pay to the State, at the time or times fixed by the Secretary of Health and Human Services, the amount so certified.
(Aug. 14, 1935, ch. 531, title I, §3, 49 Stat. 621; Aug. 10, 1939, ch. 666, title I, §102, 53 Stat. 1361; 1940 Reorg. Plan No. III, §1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; Aug. 10, 1946, ch. 951, title V, §501, 60 Stat. 991; June 14, 1948, ch. 468, §3(a), 62 Stat. 439; Aug. 28, 1950, ch. 809, title III, pt. 1, §302(a), pt. 6, §361(c), (d), 64 Stat. 548, 558; July 18, 1952, ch. 945, §8(a), 66 Stat. 778; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Sept. 1, 1954, ch. 1206, title III, §303, 68 Stat. 1097; Aug. 1, 1956, ch. 836, title III, §§301, 311(c), 341, 70 Stat. 846, 848, 852; Pub. L. 85–840, title V, §501, Aug. 28, 1958, 72 Stat. 1047; Pub. L. 86–778, title VI, §601(c), (d), Sept. 13, 1960, 74 Stat. 989, 990; Pub. L. 87–31, §5(a), (b), May 8, 1961, 75 Stat. 77; Pub. L. 87–64, title III, §303(a), June 30, 1961, 75 Stat. 143; Pub. L. 87–543, title I, §§101(a)(1), (b)(1), 132(a), July 25, 1962, 76 Stat. 173, 179, 193; Pub. L. 89–97, title I, §122, title II, §221(a)(4), title IV, §401(a), July 30, 1965, 79 Stat. 353, 357, 414; Pub. L. 90–248, title II, §212(a), Jan. 2, 1968, 81 Stat. 897; Pub. L. 92–512, title III, §301(b), (d), Oct. 20, 1972, 86 Stat. 946, 947; Pub. L. 93–647, §§3(e)(2), 5(a), Jan. 4, 1975, 88 Stat. 2349, 2350; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97–35, title XXI, §2184(a)(4), title XXIII, §2353(a), Aug. 13, 1981, 95 Stat. 816, 871; Pub. L. 99–603, title I, §121(b)(4), Nov. 6, 1986, 100 Stat. 3391; Pub. L. 103–66, title XIII, §13741(b), Aug. 10, 1993, 107 Stat. 663; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)
2004—Subsec. (b)(3). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".
1993—Subsec. (a)(4). Pub. L. 103–66 substituted "50 percent of the total amounts expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan." for "the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health and Human Services for the proper and efficient administration of the State plan—
"(A) 75 per centum of so much of such expenditures as are for the training (including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions) of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision; plus
"(B) 100 percent of so much of such expenditures as are for the costs of the implementation and operation of the immigration status verification system described in section 1320b–7(d) of this title; plus
"(C) one-half of the remainder of such expenditures."
1986—Subsec. (a)(4)(B), (C). Pub. L. 99–603 added subpar. (B) and redesignated former subpar. (B) as (C).
1981—Subsec. (a)(1). Pub. L. 97–35, §2184(a)(4)(A), struck out par. (1) which provided for computation of amount of payments in case of any State other than Puerto Rico, the Virgin Islands, and Guam.
Subsec. (a)(2). Pub. L. 97–35, §2184(a)(4)(B), amended par. (2) generally, striking out provisions including as old-age assistance under the State plan expenditures for premiums under part B of subchapter XVIII of this chapter for individuals who are recipients of money payments under such plan and other insurance premiums for medical or any other type of remedial care and increasing amount payable by larger of two specifically computable amounts.
Subsec. (a)(3). Pub. L. 97–35, §2184(a)(4)(A), struck out par. (3) which provided for payment, in the case of any State, of an amount equal to the Federal medical percentage of total amounts expended for each quarter as medical assistance for the aged under the State plan, including expenditures for insurance premiums for medical or any other type of remedial care or cost thereof.
Subsec. (a)(4). Pub. L. 97–35, §2353(a)(1)(A), substituted provision making payments available to any State for provision making payments available to any State whose State plan approved under section 302 of this title meets the requirements of subsec. (c)(1) of this section and "Secretary of Health and Human Services" for "Secretary of Health, Education, and Welfare", inserted provision including within the meaning of training both short and long term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions, and struck out provisions which included in the computation of the amount payable services and provisions which specified what services were includable.
Subsec. (a)(5). Pub. L. 97–35, §2353(a)(1)(B), struck out par. (5) which provided payment, in the case of any State whose State plan approved under section 302 of this title which did not meet the requirements of subsec. (c)(1) of this section, of an amount equal to one-half of the total of the sums expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan.
Subsec. (c). Pub. L. 97–35, §2353(a)(2), struck out subsec. (c) which provided for an eligibility requirement in order for a State to qualify for payments under subsec. (a)(4) of this section and prescribed action to be taken by the Secretary upon failure of the State to comply.
Subsec. (d). Pub. L. 97–35, §2184(a)(4)(C), struck out subsec. (d) which provided that the amount determined for any State for any quarter which is attributable to expenditures with respect to patients in institutions for mental diseases be paid only to the extent that the State makes a satisfactory showing that the total expenditures in the State from Federal, State, and local sources for mental health services under State and local public health and public welfare programs for such quarter exceed the average of the total expenditures in the State from such sources for such services under such programs for each quarter of fiscal year ending June 30, 1965.
1975—Subsec. (a). Pub. L. 93–647, §3(e)(2), struck out "(subject to section 1320b of this title)" after "the Secretary of the Treasury shall".
Subsec. (a)(4)(A)(iv). Pub. L. 93–647, §5(a), inserted "(including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions)" after "training".
1972—Subsec. (a). Pub. L. 92–512, §301(d), substituted "shall (subject to section 1320b of this title) pay" for "shall pay" in text preceding par. (1).
Subsec. (a)(4)(E). Pub. L. 92–512, §301(b), substituted "under conditions which shall be" for "subject to limitations".
1968—Subsec. (a)(4)(D). Pub. L. 90–248 inserted ", except to the extent specified by the Secretary" after "shall" in introductory text to subpar. (D).
1965—Subsec. (a)(1). Pub. L. 89–97, §§122, 401(a), inserted "premiums under part B of subchapter XVIII of this chapter for individuals who are recipients of money payments under such plan and other" after "expenditures for" in parenthetical phrase appearing in so much of par. (1) as precedes cl. (A); and changed first step of formula for determining Federal payments to States with approved plans for old-age assistance under this subchapter, contained in cl. (A), by providing Federal sharing in 31/37ths of first $37 of the average monthly assistance payment instead of 29/35ths of first $35 of the average monthly assistance payment, extended the application of the Federal percentage in second step of formula to an additional $38 of the State's average payment, restated formula for second and third steps by striking out cl. (C) and combining such steps in cl. (B) and making provision therein to give recognition to the State's expenditures for medical care before applying the Federal percentage to remaining expenditures for which Federal participation is available, respectively.
Subsec. (a)(2)(A). Pub. L. 89–97, §122, inserted "premiums under part B of subchapter XVIII of this chapter for individuals who are recipients of money payments under such plan and other" after "expenditures for" in parenthetical phrase.
Subsec. (d). Pub. L. 89–97, §221(a)(4), added subsec. (d).
1962—Subsec. (a)(1). Pub. L. 87–543, §132(a), substituted "29/35" and "$35" for "four-fifths" and "$31", respectively, in subpar. (A), "$70" for "$66" in subpar. (B), and "$85" and "$70" for "$81" and "$66", respectively, in subpar. (C).
Subsec. (a)(2). Pub. L. 87–543, §132(a), substituted "$37.50" for "$35.50", in subpar. (A) and "$45" and "$37.50" for "$43" and "$35.50", respectively, in subpar. (B).
Subsec. (a)(4). Pub. L. 87–543, §101(a)(1), (b)(1)(A), inserted in opening provisions "whose State plan approved under section 302 of this title meets the requirements of subsection (c) of this section" after "any State", and substituted provisions which increased the Federal share of expenses of administration of State public assistance plans by providing quarterly payments of the sum of 75 per centum of the quarterly expenses for certain prescribed services to help attain and retain capability for self-care, services likely to prevent or reduce dependency, and services appropriate for individuals who were or are likely to become applicants for or recipients of assistance and request such services, and training of State or local public assistance personnel administering such plans and one-half of other administrative expenses for other services, permitted State health or vocational rehabilitation or other appropriate State agencies to furnish such services, except vocational rehabilitation services, and required the determination of the portion of expenses covered by the 75 and 50 per centum provisions in accordance with methods and procedures permitted by the Secretary for former provisions requiring quarterly payments of one-half of quarterly expenses of administration of State plans, including staff services of State or local public assistance agencies to applicants for and recipients of old-age assistance to help them attain self-care.
Subsec. (a)(5). Pub. L. 87–543, §101(b)(1)(B), added par. (5).
Subsec. (c). Pub. L. 87–543, §101(b)(1)(C), added subsec. (c).
1961—Subsec. (a)(1). Pub. L. 87–64, §303(a)(1), substituted "$31" for "$30" in subpar. (A), "$66" for "$65" in subpar. (B), and "$81" for "$80" and "$66" for "$65" in subpar. (C).
Pub. L. 87–31, §5(a), substituted "$80" and "$15" for "$77" and "$12", respectively, in subpar. (C).
Subsec. (a)(2). Pub. L. 87–64, §303(a)(2), substituted "$35.50" for "$35" in subpar. (A), and "$35.50" for "$35" and "$43" for "$42.50" in subpar. (B).
Pub. L. 87–31, §5(b), substituted "$42.50" and "$7.50" for "$41" and "$6", respectively, in subpar. (B).
1960—Subsec. (a). Pub. L. 86–778, §601(c), added pars. (1)(C), (2)(B), and (3).
Subsec. (b)(2). Pub. L. 86–778, §601(d), substituted "assistance furnished under the State plan" for "old-age assistance furnished under the State plan" in cl. (B).
1958—Subsec. (a). Pub. L. 85–840 increased payments to the States to four-fifths of the first $30 of the average monthly payment per recipient, including assistance in the form of money payments and in the form of medical or any other type of remedial care, plus Federal percentage of the amount by which the expenditures exceed the maximum which may be counted under cl. (A), but excluding that part of the average monthly payment per recipient in excess of $65, increased average monthly payment to Puerto Rico and the Virgin Islands from $30 to $35, excluded Guam from provisions which authorize an average monthly payment of $65 and included Guam within provisions which authorize an average monthly payment of $35, and permitted the counting of individuals with respect to whom expenditures were made as old-age assistance in the form of medical or any other type of remedial care in determining the total number of recipients.
1956—Subsec. (a). Act Aug. 1, 1956, §301, substituted "during such quarter as old-age assistance in the form of money payments under the State plan" for "during such quarter as old-age assistance under the State plan" in cls. (1) and (2), "who received old-age assistance in the form of money payments for such month" for "who received old-age assistance for such month" in par. (A) of cl. (1), and inserted cl. (4).
Act Aug. 1, 1956, §311(c), struck out ", which shall be used exclusively as old-age assistance," after "the Virgin Islands, an amount" in cls. (1) and (2), and substituted "including services which are provided by the staff of the State agency (or of the local agency administering the State plan in the political subdivision) to applicants for and recipients of old-age assistance to help them attain self-care" for "which amount shall be used for paying the costs of administering the State plan or for old-age assistance, or both, and for no other purpose" in cl. (3).
Act Aug. 1, 1956, §341, substituted "October 1, 1956" for "October 1, 1952", struck out ", which shall be used exclusively as old-age assistance," after "the Virgin Islands, an amount", and substituted "$60" for "$55", in cl. (1), substituted "the product of $30" for "the product of $25" in par. (A) of cl. (1), and "including services which are provided by the staff of the State agency (or of the local agency administering the State plan in the political subdivision) to applicants for and recipients of old-age assistance to help them attain self-care" for "which amount shall be used for paying the costs of administering the State plan or for old-age assistance, or both, and for no other purpose" in cl. (3).
1954—Subsec. (b). Act Sept. 1, 1954, §303(b), substituted "subsection (a)" for "clause (1) of subsection (a)", wherever appearing, substituted "such subsection" for "such clause" in par. (1), and struck out "increased by five per centum" at end of par. (3).
Subsec. (b)(1). Act Sept. 1, 1954, §303(a), substituted "the State's proportionate share" for "one-half".
1952—Subsec. (a). Act July 18, 1952, increased Federal share of State's average monthly payment to four-fifths of the first $25 plus one-half of the remainder within individual maximums of $55, and changed formulas for computing Federal share of public assistance for Puerto Rico and Virgin Islands.
1950—Act Aug. 28, 1950, substituted "Administrator" for "Board", and "he", "him" or "his" for "it", or "its" wherever appearing and in subsec. (a) changed basis for computation of Federal portion of old-age assistance.
1948—Subsec. (a). Act June 14, 1948, substituted $50 for $45 and $20 for $15.
1946—Subsec. (a). Act Aug. 10, 1946, §501(a), temporarily increased maximum monthly State expenditure for an individual to which Federal Government will contribute from $40 to $45, increased Federal contribution for assistance from one-half the State's expenditure to two-thirds the State's expenditure up to $15 monthly per individual plus one-half the State's expenditure over $15 and changed the Federal contribution for administration from 5 percent of Federal contribution for assistance to one-half the State expenditure for administration. See Effective and Termination Date of 1946 Amendment note below.
Subsec. (b). Act Aug. 10, 1946, §501(b), temporarily changed references to cl. (1) of subsec. (a) to refer to entire subsection, substituted "the State's proportionate share" for "one-half" in par. (1) and struck out "increased by 5 per centum" at end of par. (3). See Effective and Termination Date of 1986 Amendment note below.
1939—Act Aug. 10, 1939, amended section generally, including substitution of $40 for $30 in subsec. (a).
Pub. L. 103–66, title XIII, §13741(c), Aug. 10, 1993, 107 Stat. 663, provided that:
"(1) In general.—Except as provided in paragraph (2) of this subsection, the amendments made by subsections (a) and (b) [amending this section and sections 603, 1203, and 1353 of this title and provisions set out as a note under section 1383 of this title] shall be effective with respect to calendar quarters beginning on or after April 1, 1994.
"(2) Special rule.—In the case of a State whose legislature meets biennially, and does not have a regular session scheduled in calendar year 1994, the amendments made by subsections (a) and (b) shall be effective no later than the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act [Aug. 10, 1993]."
Amendment by Pub. L. 99–603 effective Oct. 1, 1987, see section 121(c)(2) of Pub. L. 99–603, set out as a note under section 502 of this title.
Amendment by section 2353(a) of Pub. L. 97–35 effective, except as otherwise specifically provided, Oct. 1, 1981, see section 2354 of Pub. L. 97–35, set out as a note under section 1397 of this title.
Pub. L. 93–647, §7, Jan. 4, 1975, 88 Stat. 2351, as amended by Pub. L. 94–120, §3, Oct. 21, 1975, 89 Stat. 609; Pub. L. 94–401, §2, Sept. 7, 1976, 90 Stat. 1215, eff. Feb. 1, 1976; Pub. L. 95–171, §1(d), Nov. 12, 1977, 91 Stat. 1353; eff. Oct. 1, 1977, provided that:
"(a)(1) The amendments made by sections 2 and 5 of this Act [enacting sections 1397 to 1397f of this title and amending this section, sections 603, 1203, and 1353 of this title, and provisions set out as a note under section 1383 of this title] shall be effective with respect to payments for quarters commencing after September 30, 1975.
"(2) Notwithstanding the provisions of section 2004 of the Social Security Act [42 U.S.C. 1397c], as amended by this Act, the first services program year of each State shall begin on October 1, 1975, and end with the close of, at the option of the State—
"(A) the day in the twelve-month period beginning October 1, 1975, or
"(B) the day in the twelve-month period beginning October 1, 1976,
which is the last day of the twelve-month period established by the State as its services program year under that section. Notwithstanding the provisions of subsection (b) of section 2003 of the Social Security Act [42 U.S.C. 1397b(b)], as amended by this Act, the aggregate expenditures required by that subsection with respect to the first services program year of each State shall be the amount which bears the same ratio to the amount that would otherwise be required under that subsection as the number of months in the State's first services program year bears to twelve.
"(3) Notwithstanding paragraph (1) of this subsection or section 3(f) [set out as a note under section 1397a of this title], payments under title IV [42 U.S.C. 601 et seq.] or section 2002(a)(1) of the Social Security Act [42 U.S.C. 1397a(a)(1)] with respect to expenditures made prior to October 1, 1978, in connection with the provision of child day care services in day care centers and group day care homes, in the case of children between the ages of six weeks and six years, may be made without regard to the requirements relating to staffing standards which are imposed by or under section 2002(a)(9)(A)(ii) of such Act [42 U.S.C. 1397a(a)(9)(A)(ii)], so long as the staffing standards actually being applied in the provision of the services involved (A) comply with applicable State law (as in effect at the time the services are provided), (B) are no lower than the corresponding staffing standards which were imposed or required by applicable State law on September 15, 1975, and (C) are no lower, in the case of any day care center or group day care home, than the corresponding standards actually being applied in such center or home on September 15, 1975.
"(b) The amendments made by section 3 of this Act [amending this section and sections 602, 603, 606, 622, 1203, 1308, 1315, 1316, 1320b note, and 1383 note of this title, repealing sections 801 to 805 and 1320b of this title, and enacting provisions set out as notes under section 1320b and 1397a of this title] shall be effective with respect to payments under sections 403 and 603 of the Social Security Act [42 U.S.C. 603, 803] for quarters commencing after September 30, 1975, except that the amendments made by section 3(a) [amending sections 602, 603, 606, and 623 of this title] shall not be effective with respect to the Commonwealth of Puerto Rico, the Virgin Islands, or Guam."
Pub. L. 92–512, title III, §301(e), Oct. 20, 1972, 86 Stat. 947, provided that: "The amendments made by this section (other than by subsection (b)) [enacting section 1320b of this title and amending this section and sections 603, 1203, 1253, and 1383] shall be effective July 1, 1972, and the amendments made by subsection (b) [amending this section and sections 603, 1203, 1353, and 1383 of this title] shall be effective January 1, 1973."
Pub. L. 90–248, title II, §212(e), Jan. 2, 1968, 81 Stat. 898, provided that: "The amendments made by the preceding subsections of this section [amending this section and sections 1203, 1353, and 1383 of this title] shall take effect January 1, 1968."
Amendment by section 221 of Pub. L. 89–97 applicable in the case of expenditures made after Dec. 31, 1965, under a State plan approved under this subchapter, see section 221(e) of Pub. L. 89–97, set out as a note under section 302 of this title.
Pub. L. 89–97, title IV, §401(f), July 30, 1965, 79 Stat. 415, provided that: "The amendments made by this section [amending this section and sections 603, 1203, 1353, and 1383 of this title] shall apply in the case of expenditures made after December 31, 1965, under a State plan approved under title I, IV, X, XIV, or XVI of the Social Security Act [42 U.S.C. 301 et seq., 601 et seq., 1201 et seq., 1351 et seq., 1381 et seq.]."
Pub. L. 87–543, title II, §202(d), July 25, 1962, 76 Stat. 208, provided that: "The amendments made by sections 109 and 132 (other than subsections (d) and (e) thereof) [amending this section and sections 606, 1203, and 1353 of this title] shall be applicable in the case of expenditures, under a State plan approved under title I, IV, X, or XIV of the Social Security Act [42 U.S.C. 301 et seq., 601 et seq., 1201 et seq., 1351 et seq.], as the case may be, made after September 30, 1962."
Pub. L. 87–543, title II, §202(f), July 25, 1962, 76 Stat. 208, provided that: "The amendments made by section 101(a) [amending this section and sections 603, 1203, and 1353 of this title] shall be applicable in the case of expenditures, under a State plan approved under title I, IV, X, or XIV of the Social Security Act [42 U.S.C. 301 et seq., 601 et seq., 1201 et seq., 1351 et seq.], as the case may be, made after August 31, 1962. The amendments made by section 101(b) [amending this section and sections 603, 608, 609, 1203, and 1353 of this title] shall be applicable in the case of expenditures, under a State plan approved under title I, IV, X, or XIV of the Social Security Act, as the case may be, made after June 30, 1963."
Pub. L. 87–64, title III, §303(e), June 30, 1961, 75 Stat. 143, as amended by Pub. L. 87–543, title I, §132(e), July 25, 1962, 76 Stat. 196, provided that: "The amendments made by subsections (a), (b), and (c) of this section [amending this section and sections 1203 and 1353 of this title] shall apply only in the case of expenditures made after September 30, 1961, and before October 1, 1962, under a State plan approved under title I, X, or XIV, as the case may be, of the Social Security Act [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq.]."
Pub. L. 87–31, §5(c), May 8, 1961, 75 Stat. 77, provided that: "The amendments made by subsections (a) and (b) [amending this section] shall apply in the case of expenditures made after June 30, 1961, under a State plan approved under title I of the Social Security Act [42 U.S.C. 301 et seq.]."
Pub. L. 85–840, title V, §512, Aug. 28, 1958, 72 Stat. 1052, provided that: "Notwithstanding the provisions of sections 305 and 345 of the Social Security Amendments of 1956, as amended [set out as notes below], the amendments made by sections 501, 502, 503, 504, 505, and 506 [amending this section and sections 603, 1203, 1301, and 1353 of this title] shall be effective—
"(1) in the case of money payments, under a State plan approved under title I, IV, X, or XIV of the Social Security Act [42 U.S.C. 301 et seq., 601 et seq., 1201 et seq., 1351 et seq.], for months after September 1958, and
"(2) in the case of assistance in the form of medical or any other type of remedial care, under such a plan, with respect to expenditures made after September 1958.
The amendment made by section 506 [amending section 1301 of this title] shall also become effective, for purposes of title V of the Social Security Act [42 U.S.C. 701 et seq.], for fiscal years ending after June 30, 1959. The amendments made by section 507 [amending section 1308 of this title] shall be effective for fiscal years ending after June 30, 1958. The amendment made by section 508 [amending section 1304 of this title] shall be effective for fiscal years ending after June 30, 1959. The amendment made by section 510 shall become effective October 1, 1958."
Effective and Termination Date of 1956 Amendment
Act Aug. 1, 1956, ch. 836, title III, §345, 70 Stat. 854, provided that: "The amendments made by this part [part V (§§341–345) of title III of act Aug. 1, 1956, amending this section and sections 603, 1203, and 1353 of this title] shall be effective for the period beginning October 1, 1956, and ending with the close of June 30, 1959, and after such amendments cease to be in effect any provision of law amended thereby shall be in full force and effect as though this part had not been enacted."
Act Aug. 1, 1956, ch. 836, title III, §305, 70 Stat. 848, as amended by Pub. L. 85–110, July 17, 1957, 71 Stat. 308, provided that:
"(a) Except as provided in subsection (b), the amendments made by this part [part I (§§301–305) of title III of act Aug. 1, 1956, amending this section and sections 603, 1203, and 1353 of this title] shall become effective July 1, 1957.
"(b) The amendments made by any section of this part shall not apply to any State (as defined in section 1101 of the Social Security Act [42 U.S.C. 1301] for purposes of title I thereof [42 U.S.C. 301 et seq.]) for any fiscal year for which there is in effect an election by it not to have the amendments made by such section apply to it. Any such election shall be in effect for a fiscal year only if notice of the election has been filed with the Secretary of Health, Education, and Welfare [now Health and Human Services] at some time prior to May 16 of the preceding fiscal year, except that any such election shall be in effect for the fiscal year beginning July 1, 1957, if notice of the election is filed with the Secretary prior to August 1, 1957. An election by a State under this subsection shall continue in effect until the close of any fiscal year designated in a notice of termination of such election which is filed with the Secretary of Health, Education, and Welfare [now Health and Human Services] prior to May 16 of such year. Elections hereunder shall be made, and notices thereof and notices of termination shall be filed, on such form or forms and in such manner as the Secretary of Health, Education, and Welfare [now Health and Human Services] may prescribe."
Act July 18, 1952, ch. 945, §8(e), 66 Stat. 780, as amended by act Sept. 1, 1954, ch. 1206, title III, §301, 68 Stat. 1097, provided that: "The amendments made by this section [amending this section and sections 603, 1203, and 1353 of this title] shall be effective for the period beginning October 1, 1952, and ending with the close of September 30, 1956, and after such amendments cease to be in effect any provision of law amended thereby shall be in full force and effect as though this Act [July 18, 1952] had not been enacted."
Act Aug. 28, 1950, ch. 809, title III, §302(b), 64 Stat. 549, provided that: "The amendment made by subsection (a) [amending this section] shall take effect October 1, 1950."
Act June 14, 1948, ch. 468, §3(d), 62 Stat. 440, provided that: "The amendments made by this section [amending this section and sections 603 and 1203 of this title] shall become effective on October 1, 1948."
Act Aug. 10, 1946, ch. 951, title V, §504, 60 Stat. 993, as amended by act Aug. 6, 1947, ch. 510, §3, 61 Stat. 794, provided that: "Sections 501, 502, and 503 [amending this section and sections 603 and 1203 of this title] shall be effective with respect to the period commencing October 1, 1946, and ending on June 30, 1950."
Act Aug. 10, 1939, ch. 666, title I, §102, 53 Stat. 1361, provided that the amendment made by that section is effective Jan. 1, 1940.
Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.
"Fiscal Service" substituted for "Division of Disbursement" in subsec. (b)(3) on authority of section 1(a)(1) of Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to Title 5, Government Organization and Employees, which consolidated such division into Fiscal Service of Treasury Department. See section 306 of Title 31, Money and Finance.
Nonduplication of Payments to States: Prohibition of Payments After December 31, 1969
Prohibition of payments under this subchapter to States with respect to aid or assistance in form of medical or other type of remedial care for any period for which States received payments under subchapter XIX of this chapter or for any period after Dec. 31, 1969, see section 121(b) of Pub. L. 89–97, set out as a note under section 1396b of this title.
§304. Stopping payment on deviation from required provisions of plan or failure to comply therewith
In the case of any State plan which has been approved under this subchapter by the Secretary, if the Secretary, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of such plan, finds—
(1) that the plan has been so changed as to impose any age, residence, or citizenship requirement prohibited by section 302(b) of this title, or that in the administration of the plan any such prohibited requirement is imposed, with the knowledge of such State agency, in a substantial number of cases; or
(2) that in the administration of the plan there is a failure to comply substantially with any provision required by section 302(a) of this title to be included in the plan;
the Secretary shall notify such State agency that further payments will not be made to the State (or, in his discretion, that payments will be limited to categories under or parts of the State plan not affected by such failure) until the Secretary is satisfied that such prohibited requirement is no longer so imposed, and that there is no longer any such failure to comply. Until he is so satisfied he shall make no further payments to such State (or shall limit payments to categories under or parts of the State plan not affected by such failure).
(Aug. 14, 1935, ch. 531, title I, §4, 49 Stat. 622; Aug. 28, 1950, ch. 809, title III, pt. 6, §361(c), (d), 64 Stat. 558; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 86–778, title VI, §601(e), Sept. 13, 1960, 74 Stat. 991; Pub. L. 90–248, title II, §245, Jan. 2, 1968, 81 Stat. 918; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.)
1968—Pub. L. 90–248 inserted "(or, in his discretion, that payments will be limited to categories under or parts of the State plan not affected by such failure)" after "further payments will not be made to the State" and substituted in last sentence "further payments to such State (or shall limit payments to categories under or parts of the State plan not affected by such failure)" for "further certification to the Secretary of the Treasury with respect to such State".
1960—Pub. L. 86–778 substituted "State plan which has been approved under this subchapter" for "State plan for old-age assistance which has been approved".
1950—Act Aug. 28, 1950, substituted "Administrator" for "Board", and "he", "him", or "his" for "it", or "its", wherever appearing.
§305. Omitted
Section, act Aug. 14, 1935, ch. 531, title I, §5, 49 Stat. 622, made an appropriation for the fiscal year ending June 30, 1936.
§306. Definitions
(a) For the purposes of this subchapter, the term "old-age assistance" means money payments to, or (if provided in or after the third month before the month in which the recipient makes application for assistance) medical care in behalf of or any type of remedial care recognized under State law in behalf of, needy individuals who are 65 years of age or older, but does not include any such payments to or care in behalf of any individual who is an inmate of a public institution (except as a patient in a medical institution). Such term also includes payments which are not included within the meaning of such term under the preceding sentence, but which would be so included except that they are made on behalf of such a needy individual to another individual who (as determined in accordance with standards prescribed by the Secretary) is interested in or concerned with the welfare of such needy individual, but only with respect to a State whose State plan approved under section 302 of this title includes provision for—
(1) determination by the State agency that such needy individual has, by reason of his physical or mental condition, such inability to manage funds that making payments to him would be contrary to his welfare and, therefore, it is necessary to provide such assistance through payments described in this sentence;
(2) making such payments only in cases in which such payments will, under the rules otherwise applicable under the State plan for determining need and the amount of old-age assistance to be paid (and in conjunction with other income and resources), meet all the need of the individuals with respect to whom such payments are made;
(3) undertaking and continuing special efforts to protect the welfare of such individual and to improve, to the extent possible, his capacity for self-care and to manage funds;
(4) periodic review by such State agency of the determination under paragraph (1) of this subsection to ascertain whether conditions justifying such determination still exist, with provision for termination of such payments if they do not and for seeking judicial appointment of a guardian or other legal representative, as described in section 1311 of this title, if and when it appears that such action will best serve the interests of such needy individual; and
(5) opportunity for a fair hearing before the State agency on the determination referred to in paragraph (1) of this subsection for any individual with respect to whom it is made.
At the option of a State (if its plan approved under this subchapter so provides), such term (i) need not include money payments to an individual who has been absent from such State for a period in excess of 90 consecutive days (regardless of whether he has maintained his residence in such State during such period) until he has been present in such State for 30 consecutive days in the case of such an individual who has maintained his residence in such State during such period or 90 consecutive days in the case of any other such individual, and (ii) may include rent payments made directly to a public housing agency on behalf of a recipient or a group or groups of recipients of assistance under such plan.
(b), (c) Repealed. Pub. L. 97–35, title XXI, §2184(a)(5), Aug. 13, 1981, 95 Stat. 817.
(Aug. 14, 1935, ch. 531, title I, §6, 49 Stat. 622; Aug. 10, 1939, ch. 666, title I, §103, 53 Stat. 1362; Aug. 28, 1950, ch. 809, title III, pt. 1, §303(a), 64 Stat. 549; Pub. L. 86–778, title VI, §601(f), Sept. 13, 1960, 74 Stat. 991; Pub. L. 87–543, title I, §156(a), July 25, 1962, 76 Stat. 207; Pub. L. 89–97, title II, §§221(a)(1), (2), 222(a), title IV, §402(a), July 30, 1965, 79 Stat. 356, 360, 415; Pub. L. 92–603, title IV, §§408(a), 409(a), Oct. 30, 1972, 86 Stat. 1489, 1490; Pub. L. 97–35, title XXI, §2184(a)(5), Aug. 13, 1981, 95 Stat. 817.)
1981—Subsecs. (b), (c). Pub. L. 97–35 struck out subsecs. (b) and (c) which defined "medical assistance for the aged" and "Federal medical percentage", respectively.
1972—Subsec. (a). Pub. L. 92–603 authorized the State, at its option, to include within term "old-age assistance" provisions relating to money payments to an individual absent from such State for more than 90 consecutive days, and provisions relating to rent payments made directly to a public housing agency.
1965—Subsec. (a). Pub. L. 89–97, §221(a)(1), struck out from definition of "old-age assistance" the exclusion of (1) payments to or medical care in behalf of any individual who is a patient in an institution for tuberculosis or mental diseases, or (2) payments to any individual who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result thereof, or (3) medical care in behalf of any individual, who is a patient in a medical institution as a result of a diagnosis that he has tuberculosis or psychosis, with respect to any period after the individual has been a patient in such an institution, as a result of such diagnosis, for forty-two days.
Pub. L. 89–97, §402(a), extended definition of "old-age assistance" to include payments made on behalf of the recipient to an individual who (as determined in accordance with the standards prescribed by the Secretary) is interested in or concerned with the welfare of the recipient and inserted an enumeration of the five characteristics required of State plans under which such payments can be made, including provision for finding of inability to manage funds, payment to meet all needs, special efforts to protect welfare, periodic review, and opportunity for fair hearing.
Subsec. (b). Pub. L. 89–97, §§221(a)(2), 222(a), struck out from provision at end of cl. (12) excluding certain payments from definition of "medical assistance for the aged" payments with respect to care or services for any individual who is a patient in an institution for tuberculosis or mental diseases or for any individual who is a patient in a medical institution as a result of a diagnosis of tuberculosis or psychosis, with respect to any period after the individual has been a patient in such an institution, for forty-two days and inserted in text preceding cl. (1) "(except, for any month, for recipients of old-age assistance who are admitted to or discharged from a medical institution during such month)" after "who are not recipients of old-age assistance", respectively.
1962—Subsec. (a). Pub. L. 87–543, §156(a)(1), inserted "(if provided in or after the third month before the month in which the recipient makes application for assistance)" before "medical care".
Subsec. (b). Pub. L. 87–543, §156(a)(2), inserted "(if provided in or after the third month before the month in which the recipient makes application for assistance)" after "care and services".
1960—Subsec. (a). Pub. L. 86–778, §601(f)(1), (2), designated existing provisions as subsec. (a) and inserted provisions excluding from definition of "old-age assistance" any care in behalf of any individual, who is a patient in a medical institution as a result of a diagnosis that he has tuberculosis or psychosis, with respect to any period after the individual has been a patient in an institution, as a result of such diagnosis, for forty-two days.
Subsecs. (b), (c). Pub. L. 86–778, §601(f)(2), added subsecs. (b) and (c).
1950—Act Aug. 28, 1950, redefined "old-age assistance".
1939—Act Aug. 10, 1939, inserted "needy" before "individuals who".
Pub. L. 89–97, title II, §222(c), July 30, 1965, 79 Stat. 360, provided that: "The amendments made by this section [amending this section and section 1385 of this title] shall apply in the case of expenditures under a State plan approved under title I or XVI of the Social Security Act [42 U.S.C. 301 et seq., 1381 et seq.] with respect to care and services provided under such plan after June 1965."
Pub. L. 89–97, title IV, §402(e), July 30, 1965, 79 Stat. 418, provided that: "The amendments made by this section [amending this section and sections 1206, 1355, and 1385 of this title] shall apply in the case of expenditures made after December 31, 1965, under a State plan approved under title I, X, XIV or XVI of the Social Security Act [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.]."
Pub. L. 87–543, title I, §156(e), July 25, 1962, 76 Stat. 207, provided that: "The amendments made by this section [amending this section and sections 606, 1206, and 1355 of this title] shall apply in the case of applications made after September 30, 1962, under a State plan approved under title I, IV, X, or XIV of the Social Security Act [42 U.S.C. 301 et seq., 601 et seq., 1201 et seq., 1351 et seq.]."
Act Aug. 28, 1950, ch. 809, title III, §303(b), 64 Stat. 549, provided that: "The amendment made by subsection (a) [amending this section] shall take effect October 1, 1950, except that the exclusion of money payments to needy individuals described in clause (a) or (b) of section 6 of the Social Security Act as so amended [clauses (a) or (b) of this section] shall, in the case of any of such individuals who are not patients in a public institution, be effective July 1, 1952."
1956—Act Aug. 1, 1956, ch. 836, title I, §103(i), 70 Stat. 824, included disability insurance benefits in subchapter heading.
§401. Trust Funds
(a) Federal Old-Age and Survivors Insurance Trust Fund
There is hereby created on the books of the Treasury of the United States a trust fund to be known as the "Federal Old-Age and Survivors Insurance Trust Fund". The Federal Old-Age and Survivors Insurance Trust Fund shall consist of the securities held by the Secretary of the Treasury for the Old-Age Reserve Account and the amount standing to the credit of the Old-Age Reserve Account on the books of the Treasury on January 1, 1940, which securities and amount the Secretary of the Treasury is authorized and directed to transfer to the Federal Old-Age and Survivors Insurance Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, the Federal Old-Age and Survivors Insurance Trust Fund as hereinafter provided. There is hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund for the fiscal year ending June 30, 1941, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of—
(1) the taxes (including interest, penalties, and additions to the taxes) received under subchapter A of chapter 9 of the Internal Revenue Code of 1939 (and covered into the Treasury) which are deposited into the Treasury by collectors of internal revenue before January 1, 1951; and
(2) the taxes certified each month by the Commissioner of Internal Revenue as taxes received under subchapter A of chapter 9 of such Code which are deposited into the Treasury by collectors of internal revenue after December 31, 1950, and before January 1, 1953, with respect to assessments of such taxes made before January 1, 1951; and
(3) the taxes imposed by subchapter A of chapter 9 of such Code with respect to wages (as defined in section 1426 of such Code), and by chapter 21 (other than sections 3101(b) and 3111(b)) of the Internal Revenue Code of 1954 with respect to wages (as defined in section 3121 of such Code) reported to the Commissioner of Internal Revenue pursuant to section 1420(c) of the Internal Revenue Code of 1939 after December 31, 1950, or to the Secretary of the Treasury or his delegates pursuant to subtitle F of the Internal Revenue Code of 1954 after December 31, 1954, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such subchapter or chapter 21 (other than sections 3101(b) and 3111(b)) to such wages, which wages shall be certified by the Commissioner of Social Security on the basis of the records of wages established and maintained by such Commissioner in accordance with such reports, less the amounts specified in clause (1) of subsection (b) of this section; and
(4) the taxes imposed by subchapter E of chapter 1 of the Internal Revenue Code of 1939, with respect to self-employment income (as defined in section 481 of such Code), and by chapter 2 (other than section 1401(b)) of the Internal Revenue Code of 1954 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Commissioner of Internal Revenue on tax returns under such subchapter or to the Secretary of the Treasury or his delegate on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such subchapter or chapter (other than section 1401(b)) to such self-employment income, which self-employment income shall be certified by the Commissioner of Social Security on the basis of the records of self-employment income established and maintained by the Commissioner of Social Security in accordance with such returns, less the amounts specified in clause (2) of subsection (b) of this section.
The amounts appropriated by clauses (3) and (4) of this subsection shall be transferred from time to time from the general fund in the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund, and the amounts appropriated by clauses (1) and (2) of subsection (b) shall be transferred from time to time from the general fund in the Treasury to the Federal Disability Insurance Trust Fund, such amounts to be determined on the basis of estimates by the Secretary of the Treasury of the taxes, specified in clauses (3) and (4) of this subsection, paid to or deposited into the Treasury; and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the taxes specified in such clauses (3) and (4) of this subsection. All amounts transferred to either Trust Fund under the preceding sentence shall be invested by the Managing Trustee in the same manner and to the same extent as the other assets of such Trust Fund. Notwithstanding the preceding sentence, in any case in which the Secretary of the Treasury determines that the assets of either such Trust Fund would otherwise be inadequate to meet such Fund's obligations for any month, the Secretary of the Treasury shall transfer to such Trust Fund on the first day of such month the amount which would have been transferred to such Fund under this section as in effect on October 1, 1990; and such Trust Fund shall pay interest to the general fund on the amount so transferred on the first day of any month at a rate (calculated on a daily basis, and applied against the difference between the amount so transferred on such first day and the amount which would have been transferred to the Trust Fund up to that day under the procedures in effect on January 1, 1983) equal to the rate earned by the investments of such Fund in the same month under subsection (d).
(b) Federal Disability Insurance Trust Fund
There is hereby created on the books of the Treasury of the United States a trust fund to be known as the "Federal Disability Insurance Trust Fund". The Federal Disability Insurance Trust Fund shall consist of such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, such fund as provided in this section. There is hereby appropriated to the Federal Disability Insurance Trust Fund for the fiscal year ending June 30, 1957, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of—
(1)(A) ½ of 1 per centum of the wages (as defined in section 3121 of the Internal Revenue Code of 1954) paid after December 31, 1956, and before January 1, 1966, and reported to the Secretary of the Treasury or his delegate pursuant to subtitle F of the Internal Revenue Code of 1954, (B) 0.70 of 1 per centum of the wages (as so defined) paid after December 31, 1965, and before January 1, 1968, and so reported, (C) 0.95 of 1 per centum of the wages (as so defined) paid after December 31, 1967, and before January 1, 1970, and so reported, (D) 1.10 per centum of the wages (as so defined) paid after December 31, 1969, and before January 1, 1973, and so reported, (E) 1.1 per centum of the wages (as so defined) paid after December 31, 1972, and before January 1, 1974, and so reported, (F) 1.15 per centum of the wages (as so defined) paid after December 31, 1973, and before January 1, 1978, and so reported, (G) 1.55 per centum of the wages (as so defined) paid after December 31, 1977, and before January 1, 1979, and so reported, (H) 1.50 per centum of the wages (as so defined) paid after December 31, 1978, and before January 1, 1980, and so reported, (I) 1.12 per centum of the wages (as so defined) paid after December 31, 1979, and before January 1, 1981, and so reported, (J) 1.30 per centum of the wages (as so defined) paid after December 31, 1980, and before January 1, 1982, and so reported, (K) 1.65 per centum of the wages (as so defined) paid after December 31, 1981, and before January 1, 1983, and so reported, (L) 1.25 per centum of the wages (as so defined) paid after December 31, 1982, and before January 1, 1984, and so reported, (M) 1.00 per centum of the wages (as so defined) paid after December 31, 1983, and before January 1, 1988, and so reported, (N) 1.06 per centum of the wages (as so defined) paid after December 31, 1987, and before January 1, 1990, and so reported, (O) 1.20 per centum of the wages (as so defined) paid after December 31, 1989, and before January 1, 1994, and so reported, (P) 1.88 per centum of the wages (as so defined) paid after December 31, 1993, and before January 1, 1997, and so reported, (Q) 1.70 per centum of the wages (as so defined) paid after December 31, 1996, and before January 1, 2000, and so reported, (R) 1.80 per centum of the wages (as so defined) paid after December 31, 1999, and before January 1, 2016, and so reported, (S) 2.37 per centum of the wages (as so defined) paid after December 31, 2015, and before January 1, 2019, and so reported, and (T) 1.80 per centum of the wages (as so defined) paid after December 31, 2018, and so reported,,1 which wages shall be certified by the Commissioner of Social Security on the basis of the records of wages established and maintained by such Commissioner in accordance with such reports; and
(2)(A) 3/8 of 1 per centum of the amount of self-employment income (as defined in section 1402 of the Internal Revenue Code of 1954) reported to the Secretary of the Treasury or his delegate on tax returns under subtitle F of the Internal Revenue Code of 1954 for any taxable year beginning after December 31, 1956, and before January 1, 1966, (B) 0.525 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1965, and before January 1, 1968, (C) 0.7125 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1967, and before January 1, 1970, (D) 0.825 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1969, and before January 1, 1973, (E) 0.795 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1972, and before January 1, 1974, (F) 0.815 of 1 per centum of the amount of self-employment income (as so defined) as reported for any taxable year beginning after December 31, 1973, and before January 1, 1978, (G) 1.090 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1977, and before January 1, 1979, (H) 1.0400 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1978, and before January 1, 1980, (I) 0.7775 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1979, and before January 1, 1981, (J) 0.9750 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1980, and before January 1, 1982, (K) 1.2375 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1981, and before January 1, 1983, (L) 0.9375 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1982, and before January 1, 1984, (M) 1.00 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1983, and before January 1, 1988, (N) 1.06 per centum of the self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1987, and before January 1, 1990, (O) 1.20 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1989, and before January 1, 1994, (P) 1.88 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1993, and before January 1, 1997, (Q) 1.70 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1996, and before January 1, 2000, (R) 1.80 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1999, and before January 1, 2016, (S) 2.37 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 2015, and before January 1, 2019, and (T) 1.80 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 2018, which self-employment income shall be certified by the Commissioner of Social Security on the basis of the records of self-employment income established and maintained by the Commissioner of Social Security in accordance with such returns.
(c) Board of Trustees; duties; reports to Congress
With respect to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (hereinafter in this subchapter called the "Trust Funds") there is hereby created a body to be known as the Board of Trustees of the Trust Funds (hereinafter in this subchapter called the "Board of Trustees") which Board of Trustees shall be composed of the Commissioner of Social Security, the Secretary of the Treasury, the Secretary of Labor, and the Secretary of Health and Human Services, all ex officio, and of two members of the public (both of whom may not be from the same political party), who shall be nominated by the President for a term of four years and subject to confirmation by the Senate. A member of the Board of Trustees serving as a member of the public and nominated and confirmed to fill a vacancy occurring during a term shall be nominated and confirmed only for the remainder of such term. An individual nominated and confirmed as a member of the public may serve in such position after the expiration of such member's term until the earlier of the time at which the member's successor takes office or the time at which a report of the Board is first issued under paragraph (2) after the expiration of the member's term. The Secretary of the Treasury shall be the Managing Trustee of the Board of Trustees (hereinafter in this subchapter called the "Managing Trustee"). The Deputy Commissioner of Social Security shall serve as Secretary of the Board of Trustees. The Board of Trustees shall meet not less frequently than once each calendar year. It shall be the duty of the Board of Trustees to—
(1) Hold the Trust Funds;
(2) Report to the Congress not later than the first day of April of each year on the operation and status of the Trust Funds during the preceding fiscal year and on their expected operation and status during the next ensuing five fiscal years;
(3) Report immediately to the Congress whenever the Board of Trustees is of the opinion that the amount of either of the Trust Funds is unduly small;
(4) Recommend improvements in administrative procedures and policies designed to effectuate the proper coordination of the old-age and survivors insurance and Federal-State unemployment compensation program; and
(5) Review the general policies followed in managing the Trust Funds, and recommend changes in such policies, including necessary changes in the provisions of the law which govern the way in which the Trust Funds are to be managed.
The report provided for in paragraph (2) of this subsection shall include a statement of the assets of, and the disbursements made from, the Trust Funds during the preceding fiscal year, an estimate of the expected future income to, and disbursements to be made from, the Trust Funds during each of the next ensuing five fiscal years, and a statement of the actuarial status of the Trust Funds. Such statement shall include a finding by the Board of Trustees as to whether the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, individually and collectively, are in close actuarial balance (as defined by the Board of Trustees). Such report shall include an actuarial opinion by the Chief Actuary of the Social Security Administration certifying that the techniques and methodologies used are generally accepted within the actuarial profession and that the assumptions and cost estimates used are reasonable. Such report shall also include an actuarial analysis of the benefit disbursements made from the Federal Old-Age and Survivors Insurance Trust Fund with respect to disabled beneficiaries. Such report shall be printed as a House document of the session of the Congress to which the report is made. A person serving on the Board of Trustees shall not be considered to be a fiduciary and shall not be personally liable for actions taken in such capacity with respect to the Trust Funds.
(d) Investments
It shall be the duty of the Managing Trustee to invest such portion of the Trust Funds as is not, in his judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose such obligations may be acquired (1) on original issue at the issue price, or (2) by purchase of outstanding obligations at the market price. The purposes for which obligations of the United States may be issued under chapter 31 of title 31 are hereby extended to authorize the issuance at par of public-debt obligations for purchase by the Trust Funds. Such obligations issued for purchase by the Trust Funds shall have maturities fixed with due regard for the needs of the Trust Funds and shall bear interest at a rate equal to the average market yield (computed by the Managing Trustee on the basis of market quotations as of the end of the calendar month next preceding the date of such issue) on all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable until after the expiration of four years from the end of such calendar month; except that where such average market yield is not a multiple of one-eighth of 1 per centum, the rate of interest of such obligations shall be the multiple of one-eighth of 1 per centum nearest such market yield. Each obligation issued for purchase by the Trust Funds under this subsection shall be evidenced by a paper instrument in the form of a bond, note, or certificate of indebtedness issued by the Secretary of the Treasury setting forth the principal amount, date of maturity, and interest rate of the obligation, and stating on its face that the obligation shall be incontestable in the hands of the Trust Fund to which it is issued, that the obligation is supported by the full faith and credit of the United States, and that the United States is pledged to the payment of the obligation with respect to both principal and interest. The Managing Trustee may purchase other interest-bearing obligations of the United States or obligations guaranteed as to both principal and interest by the United States, on original issue or at the market price, only where he determines that the purchase of such other obligations is in the public interest.
(e) Sale of acquired obligations
Any obligations acquired by the Trust Funds (except public-debt obligations issued exclusively to the Trust Funds) may be sold by the Managing Trustee at the market price, and such public-debt obligations may be redeemed at par plus accrued interest.
(f) Proceeds from sale or redemption of obligations; interest
The interest on, and the proceeds from the sale or redemption of, any obligations held in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund shall be credited to and form a part of the Federal Old-Age and Survivors Insurance Trust Fund and the Disability Insurance Trust Fund, respectively. Payment from the general fund of the Treasury to either of the Trust Funds of any such interest or proceeds shall be in the form of paper checks drawn on such general fund to the order of such Trust Fund.
(g) Payments into Treasury
(1)(A) The Managing Trustee of the Trust Funds (which for purposes of this paragraph shall include also the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund established by subchapter XVIII) is directed to pay from the Trust Funds into the Treasury—
(i) 2 the amounts estimated by the Managing Trustee, the Commissioner of Social Security, and the Secretary of Health and Human Services which will be expended, out of moneys appropriated from the general fund in the Treasury, during a three-month period by the Department of Health and Human Services for the administration of subchapter XVIII of this chapter, and by the Department of the Treasury for the administration of subchapters II and XVIII of this chapter and chapters 2 and 21 of the Internal Revenue Code of 1986, less
(ii) 1 the amounts estimated (pursuant to the applicable method prescribed under paragraph (4) of this subsection) by the Commissioner of Social Security which will be expended, out of moneys made available for expenditures from the Trust Funds, during such three-month period to cover the cost of carrying out the functions of the Social Security Administration, specified in section 432 of this title, which relate to the administration of provisions of the Internal Revenue Code of 1986 other than those referred to in clause (i) and the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in section 407(c) of this title, pursuant to requests by persons entitled to such benefits or such persons' representative payee.
Such payments shall be carried into the Treasury as the net amount of repayments due the general fund account for reimbursement of expenses incurred in connection with the administration of subchapters II and XVIII of this chapter and chapters 2 and 21 of the Internal Revenue Code of 1986. A final accounting of such payments for any fiscal year shall be made at the earliest practicable date after the close thereof. There are hereby authorized to be made available for expenditure, out of any or all of the Trust Funds, such amounts as the Congress may deem appropriate to pay the costs of the part of the administration of this subchapter, subchapter VIII, subchapter XVI, and subchapter XVIII for which the Commissioner of Social Security is responsible, the costs of subchapter XVIII for which the Secretary of Health and Human Services is responsible, and the costs of carrying out the functions of the Social Security Administration, specified in section 432 of this title, which relate to the administration of provisions of the Internal Revenue Code of 1986 other than those referred to in clause (i) of the first sentence of this subparagraph and the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in section 407(c) of this title, pursuant to requests by persons entitled to such benefits or such persons' representative payee. Of the amounts authorized to be made available out of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under the preceding sentence, there are hereby authorized to be made available from either or both of such Trust Funds for continuing disability reviews—
(i) 2 for fiscal year 1996, $260,000,000;
(ii) 2 for fiscal year 1997, $360,000,000;
(iii) for fiscal year 1998, $570,000,000;
(iv) for fiscal year 1999, $720,000,000;
(v) for fiscal year 2000, $720,000,000;
(vi) for fiscal year 2001, $720,000,000; and
(viii) 3 for fiscal year 2002, $720,000,000.
For purposes of this subparagraph, the term "continuing disability review" means a review conducted pursuant to section 421(i) of this title and a review or disability eligibility redetermination conducted to determine the continuing disability and eligibility of a recipient of benefits under the supplemental security income program under subchapter XVI, including any review or redetermination conducted pursuant to section 207 or 208 of the Social Security Independence and Program Improvements Act of 1994 (Public Law 103–296).
(B) After the close of each fiscal year—
(i) the Commissioner of Social Security shall determine—
(I) the portion of the costs, incurred during such fiscal year, of administration of this subchapter, subchapter VIII, subchapter XVI, and subchapter XVIII for which the Commissioner is responsible and of carrying out the functions of the Social Security Administration, specified in section 432 of this title, which relate to the administration of provisions of the Internal Revenue Code of 1986 (other than those referred to in clause (i) of the first sentence of subparagraph (A)) and the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in section 407(c) of this title, pursuant to requests by persons entitled to such benefits or such persons' representative payee, which should have been borne by the general fund of the Treasury,
(II) the portion of such costs which should have been borne by the Federal Old-Age and Survivors Insurance Trust Fund,
(III) the portion of such costs which should have been borne by the Federal Disability Insurance Trust Fund,
(IV) the portion of such costs which should have been borne by the Federal Hospital Insurance Trust Fund, and
(V) the portion of such costs which should have been borne by the Federal Supplementary Medical Insurance Trust Fund (and, of such portion, the portion of such costs which should have been borne by the Medicare Prescription Drug Account in such Trust Fund), and
(ii) the Secretary of Health and Human Services shall determine—
(I) the portion of the costs, incurred during such fiscal year, of the administration of subchapter XVIII for which the Secretary is responsible, which should have been borne by the general fund of the Treasury,
(II) the portion of such costs which should have been borne by the Federal Hospital Insurance Trust Fund, and
(III) the portion of such costs which should have been borne by the Federal Supplementary Medical Insurance Trust Fund (and, of such portion, the portion of such costs which should have been borne by the Medicare Prescription Drug Account in such Trust Fund).
(C) After the determinations under subparagraph (B) have been made for any fiscal year, the Commisioner 4 of Social Security and the Secretary shall each certify to the Managing Trustee the amounts, if any, which should be transferred from one to any of the other such Trust Funds and the amounts, if any, which should be transferred between the Trust Funds (or one of the Trust Funds) and the general fund of the Treasury, in order to ensure that each of the Trust Funds and the general fund of the Treasury have borne their proper share of the costs, incurred during such fiscal year, for—
(i) the parts of the administration of this subchapter, subchapter VIII, subchapter XVI, and subchapter XVIII for which the Commissioner of Social Security is responsible,
(ii) the parts of the administration of subchapter XVIII for which the Secretary is responsible, and
(iii) carrying out the functions of the Social Security Administration, specified in section 432 of this title, which relate to the administration of provisions of the Internal Revenue Code of 1986 (other than those referred to in clause (i) of the first sentence of subparagraph (A)) and the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in section 407(c) of this title, pursuant to requests by persons entitled to such benefits or such persons' representative payee.
The Managing Trustee shall transfer any such amounts in accordance with any certification so made.
(D) The determinations required under subclauses (IV) and (V) of subparagraph (B)(i) shall be made in accordance with the cost allocation methodology in existence on August 15, 1994, until such time as the methodology for making the determinations required under such subclauses is revised by agreement of the Commissioner and the Secretary, except that the determination of the amounts to be borne by the general fund of the Treasury with respect to expenditures incurred in carrying out the functions of the Social Security Administration specified in section 432 of this title and the functions of the Social Security Administration in connection with the withholding of taxes from benefits as described in section 407(c) of this title shall be made pursuant to the applicable method prescribed under paragraph (4).
(2) The Managing Trustee is directed to pay from time to time from the Trust Funds into the Treasury the amount estimated by him as taxes imposed under section 3101(a) of the Internal Revenue Code of 1986 which are subject to refund under section 6413(c) of such Code with respect to wages (as defined in section 3121 of such Code). Such taxes shall be determined on the basis of the records of wages maintained by the Commissioner of Social Security in accordance with the wages reported to the Secretary of the Treasury or his delegate pursuant to subtitle F of such Code, and the Commissioner of Social Security shall furnish the Managing Trustee such information as may be required by the Trustee for such purpose. The payments by the Managing Trustee shall be covered into the Treasury as repayments to the account for refunding internal revenue collections. Payments pursuant to the first sentence of this paragraph shall be made from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund in the ratio in which amounts were appropriated to such Trust Funds under clause (3) of subsection (a) of this section and clause (1) of subsection (b) of this section.
(3) Repayments made under paragraph (1) or (2) of this subsection shall not be available for expenditures but shall be carried to the surplus fund of the Treasury. If it subsequently appears that the estimates under either such paragraph in any particular period were too high or too low, appropriate adjustments shall be made by the Managing Trustee in future payments.
(4) The Commissioner of Social Security shall utilize the method prescribed pursuant to this paragraph, as in effect immediately before August 15, 1994, for determining the costs which should be borne by the general fund of the Treasury of carrying out the functions of the Commissioner, specified in section 432 of this title, which relate to the administration of provisions of the Internal Revenue Code of 1986 (other than those referred to in clause (i) of the first sentence of paragraph (1)(A)). The Board of Trustees of such Trust Funds shall prescribe the method of determining the costs which should be borne by the general fund in the Treasury of carrying out the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in section 407(c) of this title, pursuant to requests by persons entitled to such benefits or such persons' representative payee. If at any time or times thereafter the Boards of Trustees of such Trust Funds consider such action advisable, they may modify the method of determining such costs.
(h) Benefit payments
Benefit payments required to be made under section 423 of this title, and benefit payments required to be made under subsection (b), (c), or (d) of section 402 of this title to individuals entitled to benefits on the basis of the wages and self-employment income of an individual entitled to disability insurance benefits, shall be made only from the Federal Disability Insurance Trust Fund. All other benefit payments required to be made under this subchapter (other than section 426 of this title) shall be made only from the Federal Old-Age and Survivors Insurance Trust Fund.
(i) Gifts and bequests
(1) The Managing Trustee may accept on behalf of the United States money gifts and bequests made unconditionally to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, or the Federal Supplementary Medical Insurance Trust Fund (and for the Medicare Prescription Drug Account and the Transitional Assistance Account in such Trust Fund) or to the Social Security Administration, the Department of Health and Human Services, or any part or officer thereof, for the benefit of any of such Funds or any activity financed through such Funds.
(2) Any such gift accepted pursuant to the authority granted in paragraph (1) of this subsection shall be deposited in—
(A) the specific trust fund designated by the donor or
(B) if the donor has not so designated, the Federal Old-Age and Survivors Insurance Trust Fund.
(j) Travel expenses
There are authorized to be made available for expenditure, out of the Federal Old-Age and Survivors Insurance Trust Fund, or the Federal Disability Insurance Trust Fund (as determined appropriate by the Commissioner of Social Security), such amounts as are required to pay travel expenses, either on an actual cost or commuted basis, to individuals for travel incident to medical examinations requested by the Commissioner of Social Security in connection with disability determinations under this subchapter, and to parties, their representatives, and all reasonably necessary witnesses for travel within the United States (as defined in section 410(i) of this title) to attend reconsideration interviews and proceedings before administrative law judges with respect to any determination under this subchapter. The amount available under the preceding sentence for payment for air travel by any person shall not exceed the coach fare for air travel between the points involved unless the use of first-class accommodations is required (as determined under regulations of the Commissioner of Social Security) because of such person's health condition or the unavailability of alternative accommodations; and the amount available for payment for other travel by any person shall not exceed the cost of travel (between the points involved) by the most economical and expeditious means of transportation appropriate to such person's health condition, as specified in such regulations. The amount available for payment under this subsection for travel by a representative to attend an administrative proceeding before an administrative law judge or other adjudicator shall not exceed the maximum amount allowable under this subsection for such travel originating within the geographic area of the office having jurisdiction over such proceeding.
(k) Experiment and demonstration project expenditures
Expenditures made for experiments and demonstration projects under section 434 of this title shall be made from the Federal Disability Insurance Trust Fund and the Federal Old-Age and Survivors Insurance Trust Fund, as determined appropriate by the Commissioner of Social Security.
(l) Interfund borrowing
(1) If at any time prior to January 1988 the Managing Trustee determines that borrowing authorized under this subsection is appropriate in order to best meet the need for financing the benefit payments from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, the Managing Trustee may borrow such amounts as he determines to be appropriate from the other such Trust Fund, or, subject to paragraph (5), from the Federal Hospital Insurance Trust Fund established under section 1395i of this title, for transfer to and deposit in the Trust Fund whose need for financing is involved.
(2) In any case where a loan has been made to a Trust Fund under paragraph (1), there shall be transferred on the last day of each month after such loan is made, from the borrowing Trust Fund to the lending Trust Fund, the total interest accrued to such day with respect to the unrepaid balance of such loan at a rate equal to the rate which the lending Trust Fund would earn on the amount involved if the loan were an investment under subsection (d) (even if such an investment would earn interest at a rate different than the rate earned by investments redeemed by the lending fund in order to make the loan).
(3)(A) If in any month after a loan has been made to a Trust Fund under paragraph (1), the Managing Trustee determines that the assets of such Trust Fund are sufficient to permit repayment of all or part of any loans made to such Fund under paragraph (1), he shall make such repayments as he determines to be appropriate.
(B)(i) If on the last day of any year after a loan has been made under paragraph (1) by the Federal Hospital Insurance Trust Fund to the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, the Managing Trustee determines that the OASDI trust fund ratio exceeds 15 percent, he shall transfer from the borrowing Trust Fund to the Federal Hospital Insurance Trust Fund an amount that—
(I) together with any amounts transferred from another borrowing Trust Fund under this paragraph for such year, will reduce the OASDI trust fund ratio to 15 percent; and
(II) does not exceed the outstanding balance of such loan.
(ii) Amounts required to be transferred under clause (i) shall be transferred on the last day of the first month of the year succeeding the year in which the determination described in clause (i) is made.
(iii) For purposes of this subparagraph, the term "OASDI trust fund ratio" means, with respect to any calendar year, the ratio of—
(I) the combined balance in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as of the last day of such calendar year, to
(II) the amount estimated by the Commissioner of Social Security to be the total amount to be paid from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund during the calendar year following such calendar year for all purposes authorized by this section (other than payments of interest on, and repayments of, loans from the Federal Hospital Insurance Trust Fund under paragraph (1), but excluding any transfer payments between such trust funds and reducing the amount of any transfer to the Railroad Retirement Account by the amount of any transfers into either such trust fund from that Account).
(C)(i) The full amount of all loans made under paragraph (1) (whether made before or after January 1, 1983) shall be repaid at the earliest feasible date and in any event no later than December 31, 1989.
(ii) For the period after December 31, 1987, and before January 1, 1990, the Managing Trustee shall transfer each month to the Federal Hospital Insurance Trust Fund from any Trust Fund with any amount outstanding on a loan made from the Federal Hospital Insurance Trust Fund under paragraph (1) an amount not less than an amount equal to (I) the amount owed to the Federal Hospital Insurance Trust Fund by such Trust Fund at the beginning of such month (plus the interest accrued on the outstanding balance of such loan during such month), divided by (II) the number of months elapsing after the preceding month and before January 1990. The Managing Trustee may, during this period, transfer larger amounts than prescribed by the preceding sentence.
(4) The Board of Trustees shall make a timely report to the Congress of any amounts transferred (including interest payments) under this subsection.
(5)(A) No amounts may be borrowed from the Federal Hospital Insurance Trust Fund under paragraph (1) during any month if the Hospital Insurance Trust Fund ratio for such month is less than 10 percent.
(B) For purposes of this paragraph, the term "Hospital Insurance Trust Fund ratio" means, with respect to any month, the ratio of—
(i) the balance in the Federal Hospital Insurance Trust Fund, reduced by the outstanding amount of any loan (including interest thereon) theretofore made to such Trust Fund under this subsection, as of the last day of the second month preceding such month, to
(ii) the amount obtained by multiplying by twelve the total amount which (as estimated by the Secretary) will be paid from the Federal Hospital Insurance Trust Fund during the month for which such ratio is to be determined (other than payments of interest on, or repayments of loans from another Trust Fund under this subsection), and reducing the amount of any transfers to the Railroad Retirement Account by the amount of any transfer into the Hospital Insurance Trust Fund from that Account.
(m) Accounting for unnegotiated benefit checks
(1) The Secretary of the Treasury shall implement procedures to permit the identification of each check issued for benefits under this subchapter that has not been presented for payment by the close of the sixth month following the month of its issuance.
(2) The Secretary of the Treasury shall, on a monthly basis, credit each of the Trust Funds for the amount of all benefit checks (including interest thereon) drawn on such Trust Fund more than 6 months previously but not presented for payment and not previously credited to such Trust Fund, to the extent provided in advance in appropriation Acts.
(3) If a benefit check is presented for payment to the Treasury and the amount thereof has been previously credited pursuant to paragraph (2) to one of the Trust Funds, the Secretary of the Treasury shall nevertheless pay such check, if otherwise proper, recharge such Trust Fund, and notify the Commissioner of Social Security.
(4) A benefit check bearing a current date may be issued to an individual who did not negotiate the original benefit check and who surrenders such check for cancellation if the Secretary of the Treasury determines it is necessary to effect proper payment of benefits.
(n) Payments to Funds in satisfaction of obligations
Not later than July 1, 2004, the Secretary of the Treasury shall transfer, from amounts in the general fund of the Treasury that are not otherwise appropriated—
(1) $624,971,854 to the Federal Old-Age and Survivors Insurance Trust Fund;
(2) $105,379,671 to the Federal Disability Insurance Trust Fund; and
(3) $173,306,134 to the Federal Hospital Insurance Trust Fund.
Amounts transferred in accordance with this subsection shall be in satisfaction of certain outstanding obligations for deemed wage credits for 2000 and 2001.
(Aug. 14, 1935, ch. 531, title II, §201, 49 Stat. 622; Aug. 10, 1939, ch. 666, title II, §201, 53 Stat. 1362; Feb. 25, 1944, ch. 63, title IX, §902, 58 Stat. 93; Aug. 28, 1950, ch. 809, title I, §109(a), 64 Stat. 521; Aug. 1, 1956, ch. 836, title I, §103(e), 70 Stat. 819; Pub. L. 85–840, title II, §205(a), Aug. 28, 1958, 72 Stat. 1021; Pub. L. 86–346, title I, §104(2), Sept. 22, 1959, 73 Stat. 622; Pub. L. 86–778, title VII, §701(a)–(e), Sept. 13, 1960, 74 Stat. 992, 993; Pub. L. 89–97, title I, §108(a), title III, §§305, 327, July 30, 1965, 79 Stat. 338, 370, 400; Pub. L. 90–248, title I, §§110, 169, Jan. 2, 1968, 81 Stat. 837, 875; Pub. L. 91–172, title X, §1005, Dec. 30, 1969, 83 Stat. 741; Pub. L. 92–336, title II, §205, July 1, 1972, 86 Stat. 422; Pub. L. 92–603, title I, §§132(a)–(c), 136, title III, §305(a), Oct. 30, 1972, 86 Stat. 1360, 1364, 1484; Pub. L. 93–233, §7, Dec. 31, 1973, 87 Stat. 955; Pub. L. 94–202, §8(d), Jan. 2, 1976, 89 Stat. 1137; Pub. L. 95–216, title I, §102(a), Dec. 20, 1977, 91 Stat. 1513; Pub. L. 96–265, title III, §310(a), title V, §505(a)(5), June 9, 1980, 94 Stat. 459, 474; Pub. L. 96–403, §1, Oct. 9, 1980, 94 Stat. 1709; Pub. L. 97–123, §1(a), Dec. 29, 1981, 95 Stat. 1659; Pub. L. 98–21, title I, §§126, 141(a), 142(a)(1), (2)(A), (3), (4), 152(a), 154(a), title III, §341(a), Apr. 20, 1983, 97 Stat. 91, 98-100, 105, 107, 135; Pub. L. 98–369, div. B, title VI, §§2661(a), 2663(a)(1), (j)(2)(A)(i), July 18, 1984, 98 Stat. 1156, 1160, 1170; Pub. L. 99–272, title IX, §9213(a), Apr. 7, 1986, 100 Stat. 180; Pub. L. 100–360, title II, §212(c)(1), July 1, 1988, 102 Stat. 741; Pub. L. 100–647, title VIII, §8005(a), Nov. 10, 1988, 102 Stat. 3781; Pub. L. 101–234, title II, §202(a), Dec. 13, 1989, 103 Stat. 1981; Pub. L. 101–508, title V, §§5106(c), 5115(a), title XIII, §13304, Nov. 5, 1990, 104 Stat. 1388–268, 1388-274, 1388-627; Pub. L. 103–296, title I, §107(b), title III, §§301(a), (b), 321(a)(1), (c)(1)(A)(i), (B)(i), (C), Aug. 15, 1994, 108 Stat. 1478, 1517, 1535, 1537; Pub. L. 103–387, §3(a), (b), Oct. 22, 1994, 108 Stat. 4074, 4075; Pub. L. 104–121, title I, §103(a), Mar. 29, 1996, 110 Stat. 848; Pub. L. 105–277, div. J, title IV, §4005(b), Oct. 21, 1998, 112 Stat. 2681–911; Pub. L. 106–169, title II, §251(b)(1), Dec. 14, 1999, 113 Stat. 1854; Pub. L. 106–170, title III, §301(b)(1)(B), Dec. 17, 1999, 113 Stat. 1902; Pub. L. 108–173, title I, §101(e)(3)(A), (B), Dec. 8, 2003, 117 Stat. 2150, 2151; Pub. L. 108–203, title IV, §420(a), Mar. 2, 2004, 118 Stat. 535; Pub. L. 114–74, title VIII, §833(1), (2), Nov. 2, 2015, 129 Stat. 613.)
Subchapter A of chapter 9 of the Internal Revenue Code of 1939, referred to in subsec. (a)(1) to (3), was comprised of sections 1400 to 1432, and was repealed (subject to certain exceptions) by section 7851(a)(3) of the Internal Revenue Code of 1986.
Sections 1426 and 1420(c) of the Internal Revenue Code of 1939, referred to in subsec. (a)(3), were a part of subchapter A of chapter 9 of the 1939 Code. See above.
Internal Revenue Code of 1954, referred to in subsecs. (a)(3), (4) and (b)(1)(A), (2)(A), redesignated Internal Revenue Code of 1986 by Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.
Subchapter E of chapter 1 of the Internal Revenue Code of 1939, referred to in subsec. (a)(4), was comprised of sections 480 to 482, and was repealed (subject to certain exceptions) by section 7851(a)(1)(A) of the Internal Revenue Code of 1986.
Section 481 of the Internal Revenue Code of 1939, referred to in subsec. (a)(4), was a part of subchapter E of chapter 1 of the 1939 Code. See above.
For provision deeming a reference in other laws to a provision of the 1939 Code as a reference to the corresponding provision of the 1986 Code, see section 7852(b) if the 1986 Code. For table of comparisons of the 1939 Code to the 1986 Code, see table preceding section 1 of Title 26, Internal Revenue Code. The Internal Revenue Code of 1986 is classified generally to Title 26.
Chapters 2 and 21 and subtitle F of the Internal Revenue Code of 1986, referred to in subsec. (g)(1)(A), (2), are classified to sections 1401 et seq., 3101 et seq., and 6001 et seq., respectively, of Title 26, Internal Revenue Code.
Section 207 or 208 of the Social Security Independence and Program Improvements Act of 1994, referred to in subsec. (g)(1)(A), are sections 207 and 208 of Pub. L. 103–296. Section 208 of Pub. L. 103–296 is set out as a note under section 1382 of this title. Section 207 of Pub. L. 103–296 was set out as a note under section 1382 of this title prior to repeal by Pub. L. 104–193, title II, §212(b)(2), (d), Aug. 22, 1996, 110 Stat. 2193, 2194.
2015—Subsec. (b)(1)(R) to (T). Pub. L. 114–74, §833(1), substituted "(R) 1.80 per centum of the wages (as so defined) paid after December 31, 1999, and before January 1, 2016, and so reported, (S) 2.37 per centum of the wages (as so defined) paid after December 31, 2015, and before January 1, 2019, and so reported, and (T) 1.80 per centum of the wages (as so defined) paid after December 31, 2018, and so reported," for "and (R) 1.80 per centum of the wages (as so defined) paid after December 31, 1999, and so reported".
Subsec. (b)(2)(R) to (T). Pub. L. 114–74, §833(2), substituted "(R) 1.80 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1999, and before January 1, 2016, (S) 2.37 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 2015, and before January 1, 2019, and (T) 1.80 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 2018" for "and (R) 1.80 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1999".
2004—Subsec. (n). Pub. L. 108–203 added subsec. (n).
2003—Subsec. (g)(1)(B)(i)(V), (ii)(III). Pub. L. 108–173, §101(e)(3)(A), inserted "(and, of such portion, the portion of such costs which should have been borne by the Medicare Prescription Drug Account in such Trust Fund)" after "Trust Fund".
Subsec. (i)(1). Pub. L. 108–173, §101(e)(3)(B), inserted "(and for the Medicare Prescription Drug Account and the Transitional Assistance Account in such Trust Fund)" after "Federal Supplementary Medical Insurance Trust Fund".
1999—Subsec. (g)(1)(A). Pub. L. 106–169, §251(b)(1)(A), inserted "subchapter VIII," after "this subchapter," in fourth sentence.
Subsec. (g)(1)(B)(i)(I). Pub. L. 106–169, §251(b)(1)(B), inserted "subchapter VIII," after "this subchapter,".
Subsec. (g)(1)(C)(i). Pub. L. 106–169, §251(b)(1)(C), inserted "subchapter VIII," after "this subchapter,".
Subsec. (k). Pub. L. 106–170 substituted "section 434 of this title" for "section 505(a) of the Social Security Disability Amendments of 1980".
1998—Subsec. (g)(1)(A). Pub. L. 105–277, §4005(b)(2), which directed the amendment of subsec. (g) by inserting "and the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in section 407(c) of this title, pursuant to requests by persons entitled to such benefits or such persons' representative payee" before period at end of paragraph (1)(A), was executed by inserting this material after "the first sentence of this subparagraph" in provisions following cl. (ii) to reflect the probable intent of Congress.
Subsec. (g)(1)(A)(ii). Pub. L. 105–277, §4005(b)(1), inserted before period at end "and the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in section 407(c) of this title, pursuant to requests by persons entitled to such benefits or such persons' representative payee".
Subsec. (g)(1)(B)(i)(I). Pub. L. 105–277, §4005(b)(3), substituted "subparagraph (A)) and the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in section 407(c) of this title, pursuant to requests by persons entitled to such benefits or such persons' representative payee," for "subparagraph (A)),".
Subsec. (g)(1)(C)(iii). Pub. L. 105–277, §4005(b)(4), inserted before period at end "and the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in section 407(c) of this title, pursuant to requests by persons entitled to such benefits or such persons' representative payee".
Subsec. (g)(1)(D). Pub. L. 105–277, §4005(b)(5), inserted "and the functions of the Social Security Administration in connection with the withholding of taxes from benefits as described in section 407(c) of this title" after "section 432 of this title".
Subsec. (g)(4). Pub. L. 105–277, §4005(b)(6), inserted after first sentence "The Board of Trustees of such Trust Funds shall prescribe the method of determining the costs which should be borne by the general fund in the Treasury of carrying out the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in section 407(c) of this title, pursuant to requests by persons entitled to such benefits or such persons' representative payee."
1996—Subsec. (g)(1)(A). Pub. L. 104–121 inserted at end "Of the amounts authorized to be made available out of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under the preceding sentence, there are hereby authorized to be made available from either or both of such Trust Funds for continuing disability reviews—
"(i) for fiscal year 1996, $260,000,000;
"(ii) for fiscal year 1997, $360,000,000;
"(iii) for fiscal year 1998, $570,000,000;
"(iv) for fiscal year 1999, $720,000,000;
"(v) for fiscal year 2000, $720,000,000;
"(vi) for fiscal year 2001, $720,000,000; and
"(viii) for fiscal year 2002, $720,000,000.
For purposes of this subparagraph, the term 'continuing disability review' means a review conducted pursuant to section 421(i) of this title and a review or disability eligibility redetermination conducted to determine the continuing disability and eligibility of a recipient of benefits under the supplemental security income program under subchapter XVI, including any review or redetermination conducted pursuant to section 207 or 208 of the Social Security Independence and Program Improvements Act of 1994 (Public Law 103–296)."
1994—Subsec. (a). Pub. L. 103–296, §321(a)(1), in closing provisions substituted "and" for "and and" before "such Trust Fund shall pay".
Subsec. (a)(3). Pub. L. 103–296, §107(b)(1), (2), substituted "Commissioner of Social Security" and "such Commissioner" for "Secretary of Health and Human Services" and "such Secretary", respectively.
Subsec. (a)(4). Pub. L. 103–296, §107(b)(1), substituted "Commissioner of Social Security" for "Secretary of Health and Human Services" in two places.
Subsec. (b)(1). Pub. L. 103–296, §107(b)(1), (2), substituted "Commissioner of Social Security" and "such Commissioner" for "Secretary of Health and Human Services" and "such Secretary", respectively.
Subsec. (b)(1)(O) to (R). Pub. L. 103–387, §3(a), substituted "(O) 1.20 per centum of the wages (as so defined) paid after December 31, 1989, and before January 1, 1994, and so reported, (P) 1.88 per centum of the wages (as so defined) paid after December 31, 1993, and before January 1, 1997, and so reported, (Q) 1.70 per centum of the wages (as so defined) paid after December 31, 1996, and before January 1, 2000, and so reported, and (R) 1.80 per centum of the wages (as so defined) paid after December 31, 1999, and so reported," for "(O) 1.20 per centum of the wages (as so defined) paid after December 31, 1989, and before January 1, 2000, and so reported, and (P) 1.42 per centum of the wages (as so defined) paid after December 31, 1999, and so reported,".
Subsec. (b)(2). Pub. L. 103–296, §107(b)(1), substituted "Commissioner of Social Security" for "Secretary of Health and Human Services" in two places.
Subsec. (b)(2)(O) to (R). Pub. L. 103–387, §3(b), substituted "(O) 1.20 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1989, and before January 1, 1994, (P) 1.88 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1993, and before January 1, 1997, (Q) 1.70 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1996, and before January 1, 2000, and (R) 1.80 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1999," for "(O) 1.20 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1989, and before January 1, 2000, and (P) 1.42 per centum of the self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1999,".
Subsec. (c). Pub. L. 103–296, §107(b)(3), in introductory provisions, inserted "the Commissioner of Social Security," after "shall be composed of" and inserted "Deputy" before "Commissioner of Social Security shall serve".
Subsec. (d). Pub. L. 103–296, §301(a), inserted after fifth sentence "Each obligation issued for purchase by the Trust Funds under this subsection shall be evidenced by a paper instrument in the form of a bond, note, or certificate of indebtedness issued by the Secretary of the Treasury setting forth the principal amount, date of maturity, and interest rate of the obligation, and stating on its face that the obligation shall be incontestable in the hands of the Trust Fund to which it is issued, that the obligation is supported by the full faith and credit of the United States, and that the United States is pledged to the payment of the obligation with respect to both principal and interest."
Subsec. (f). Pub. L. 103–296, §301(b), inserted at end "Payment from the general fund of the Treasury to either of the Trust Funds of any such interest or proceeds shall be in the form of paper checks drawn on such general fund to the order of such Trust Fund."
Subsec. (g)(1)(A). Pub. L. 103–296, §107(b)(4)(C), in text as amended by Pub. L. 103–296, §321(c)(1)(A)(i)(III), substituted "subchapters II and XVIII" for "subchapters II, XVI, and XVIII" in second sentence and amended last sentence generally. Prior to amendment, last sentence read as follows: "There are hereby authorized to be made available for expenditure, out of any or all of the Trust Funds, such amounts as the Congress may deem appropriate to pay the costs of the part of the administration of this subchapter, subchapter XVI, and subchapter XVIII for which the Secretary of Health and Human Services is responsible and of carrying out the functions of the Department of Health and Human Services, specified in section 432 of this title, which relate to the administration of provisions of the Internal Revenue Code of 1986 other than those referred to in clause (i) of the first sentence of this subparagraph."
Pub. L. 103–296, §321(c)(1)(A)(i)(III), substituted "chapters 2 and 21 of the Internal Revenue Code of 1986" for "subchapter E of chapter 1 and subchapter A of chapter 9 of the Internal Revenue Code of 1939, and chapters 2 and 21 of the Internal Revenue Code of 1954" in second sentence and "1986 other" for "1954 other" in last sentence.
Subsec. (g)(1)(A)(i). Pub. L. 103–296, §321(c)(1)(A)(i)(I), substituted "and chapters 2 and 21 of the Internal Revenue Code of 1986" for "and subchapter E of chapter 1 and subchapter A of chapter 9 of the Internal Revenue Code of 1939, and chapters 2 and 21 of the Internal Revenue Code of 1954".
Pub. L. 103–296, §107(b)(4)(A), substituted "by the Managing Trustee, the Commissioner of Social Security, and the Secretary of Health and Human Services" for "by him and the Secretary of Health and Human Services" and "by the Department of Health and Human Services for the administration of subchapter XVIII of this chapter, and by the Department of the Treasury for the administration of subchapters II and XVIII of this chapter" for "by the Department of Health and Human Services and the Treasury Department for the administration of subchapters II, XVI, and XVIII of this chapter".
Subsec. (g)(1)(A)(ii). Pub. L. 103–296, §321(c)(1)(A)(i)(II), substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954".
Pub. L. 103–296, §107(b)(4)(B), substituted "applicable method prescribed under paragraph (4)" for "method prescribed by the Board of Trustees under paragraph (4)", "Commissioner of Social Security" for "Secretary of Health and Human Services", and "Social Security Administration" for "Department of Health and Human Services".
Subsec. (g)(1)(B). Pub. L. 103–296, §107(b)(4)(A), added subpar. (B) and struck out former subpar. (B), as amended by Pub. L. 103–296, §321(c)(1)(A)(i)(IV), which read as follows: "After the close of each fiscal year the Secretary of Health and Human Services shall determine the portion of the costs, incurred during such fiscal year, of administration of this subchapter, subchapter XVI, and subchapter XVIII of this chapter and of carrying out the functions of the Department of Health and Human Services, specified in section 432 of this title, which relate to the administration of provisions of the Internal Revenue Code of 1986 (other than those referred to in clause (i) of the first sentence of subparagraph (A)), which should have been borne by the general fund in the Treasury and the portion of such costs which should have been borne by each of the Trust Funds; except that the determination of the amounts to be borne by the general fund in the Treasury with respect to expenditures incurred in carrying out such functions specified in section 432 of this title shall be made pursuant to the method prescribed by the Board of Trustees under paragraph (4) of this subsection. After such determination has been made, the Secretary of Health and Human Services shall certify to the Managing Trustee the amounts, if any, which should be transferred from one to any of the other of such Trust Funds and the amounts, if any, which should be transferred between the Trust Funds (or one of the Trust Funds) and the general fund in the Treasury, in order to insure that each of the Trust Funds and the general fund in the Treasury have borne their proper share of the costs, incurred during such fiscal year, for the part of the administration of this subchapter, subchapter XVI, and subchapter XVIII of this chapter for which the Secretary of Health and Human Services is responsible and of carrying out the functions of the Department of Health and Human Services, specified in section 432 of this title, which relate to the administration of provisions of the Internal Revenue Code of 1986 (other than those referred to in clause (i) of the first sentence of subparagraph (A)). The Managing Trustee is authorized and directed to transfer any such amounts in accordance with any certification so made."
Pub. L. 103–296, §321(c)(1)(A)(i)(IV), substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954" in two places.
Subsec. (g)(1)(C), (D). Pub. L. 103–296, §107(b)(4)(A), added subpars. (C) and (D).
Subsec. (g)(2). Pub. L. 103–296, §321(c)(1)(B)(i), in first sentence substituted "section 3101(a) of the Internal Revenue Code of 1986 which are subject to refund under section 6413(c) of such Code with respect to wages (as defined in section 3121 of such Code)." for "section 3101(a) which are subject to refund under section 6413(c) of the Internal Revenue Code of 1954 with respect to wages (as defined in section 1426 of the Internal Revenue Code of 1939 and section 3121 of the Internal Revenue Code of 1954) paid after December 31, 1950." and in second sentence substituted "wages reported to the Secretary of the Treasury or his delegate pursuant to subtitle F of such Code," for "wages reported to the Commissioner of Internal Revenue pursuant to section 1420(c) of the Internal Revenue Code of 1939 and to the Secretary of the Treasury or his delegate pursuant to subtitle F of the Internal Revenue Code of 1954,".
Pub. L. 103–296, §107(b)(5), in second sentence substituted "maintained by the Commissioner of Social Security" for "established and maintained by the Secretary of Health and Human Services" and "Commissioner of Social Security shall furnish" for "Secretary shall furnish".
Subsec. (g)(4). Pub. L. 103–296, §107(b)(6), amended generally par. (4) as amended by Pub. L. 103–296, §321(c)(1)(C). Prior to amendment, par. (4) read as follows: "If at any time or times the Boards of Trustees of such Trust Funds deem such action advisable, they may modify the method prescribed by such Boards of determining the costs which should be borne by the general fund in the Treasury of carrying out the functions of the Department of Health and Human Services, specified in section 432 of this title, which relate to the administration of provisions of the Internal Revenue Code of 1986 (other than those referred to in clause (i) of the first sentence of paragraph (1)(A))."
Pub. L. 103–296, §321(c)(1)(C), substituted "If at any time or times the Boards of Trustees of such Trust Funds deem such action advisable, they may modify the method prescribed by such Boards" for "The Board of Trustees shall prescribe before January 1, 1981, the method" and "Code of 1986" for "Code of 1954" and struck out at end "If at any time or times thereafter the Boards of Trustees of such Trust Funds deem such action advisable they may modify the method so determined."
Subsec. (i)(1). Pub. L. 103–296, §107(b)(7), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "The Managing Trustee of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund is authorized to accept on behalf of the United States money gifts and bequests made unconditionally to any one or more of such Trust Funds or to the Department of Health and Human Services, or any part or officer thereof, for the benefit of any of such Funds or any activity financed through such Funds."
Subsec. (j). Pub. L. 103–296, §107(b)(8), substituted "Commissioner of Social Security" for "Secretary" wherever appearing.
Subsec. (k). Pub. L. 103–296, §107(b)(8), substituted "Commissioner of Social Security" for "Secretary".
Subsec. (l)(3)(B)(iii)(II). Pub. L. 103–296, §107(b)(9), substituted "Commissioner of Social Security" for "Secretary".
Subsec. (m)(3). Pub. L. 103–296, §107(b)(10), substituted "Commissioner of Social Security" for "Secretary of Health and Human Services".
1990—Subsec. (a). Pub. L. 101–508, §5115(a), in first sentence following cl. (4), substituted "from time to time" for "monthly on the first day of each calendar month" in two places and "paid to or deposited into the Treasury" for "to be paid to or deposited into the Treasury during such month", and in last sentence substituted "Fund. Notwithstanding the preceding sentence, in any case in which the Secretary of the Treasury determines that the assets of either such Trust Fund would otherwise be inadequate to meet such Fund's obligations for any month, the Secretary of the Treasury shall transfer to such Trust Fund on the first day of such month the amount which would have been transferred to such Fund under this section as in effect on October 1, 1990; and" for "Fund;".
Subsec. (c). Pub. L. 101–508, §13304, inserted after first sentence following cl. (5) "Such statement shall include a finding by the Board of Trustees as to whether the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, individually and collectively, are in close actuarial balance (as defined by the Board of Trustees)."
Subsec. (j). Pub. L. 101–508, §5106(c), inserted at end "The amount available for payment under this subsection for travel by a representative to attend an administrative proceeding before an administrative law judge or other adjudicator shall not exceed the maximum amount allowable under this subsection for such travel originating within the geographic area of the office having jurisdiction over such proceeding."
1989—Subsecs. (g)(1)(A), (i)(1). Pub. L. 101–234 repealed Pub. L. 100–360, §212(c)(1), and provided that the provisions of law amended or repealed by such section are restored or revised as if such section had not been enacted, see 1988 Amendment note below.
1988—Subsec. (c). Pub. L. 100–647 inserted after first sentence "A member of the Board of Trustees serving as a member of the public and nominated and confirmed to fill a vacancy occurring during a term shall be nominated and confirmed only for the remainder of such term. An individual nominated and confirmed as a member of the public may serve in such position after the expiration of such member's term until the earlier of the time at which the member's successor takes office or the time at which a report of the Board is first issued under paragraph (2) after the expiration of the member's term."
Subsec. (g)(1)(A). Pub. L. 100–360, §212(c)(1)(A), substituted ", Federal Supplementary Medical Insurance Trust Fund, and the Federal Catastrophic Drug Insurance Trust Fund" for "and the Federal Supplementary Medical Insurance Trust Fund".
Subsec. (i)(1). Pub. L. 100–360, §212(c)(1)(B), substituted ", Federal Hospital Insurance Catastrophic Coverage Reserve Fund, Federal Supplementary Medical Insurance Trust Fund, and the Federal Catastrophic Drug Insurance Trust Fund" for "and the Federal Supplementary Medical Insurance Trust Fund".
1986—Subsec. (c). Pub. L. 99–272, in provisions following par. (5), substituted ". Such report shall" for ": Provided, That the certification shall not refer to economic assumptions underlying the Trustee's report, and shall".
1984—Subsecs. (a)(3), (4), (b)(1), (2). Pub. L. 98–369, §2663(j)(2)(A)(i), substituted "Health and Human Services" for "Health, Education, and Welfare".
Subsec. (d). Pub. L. 98–369, §2663(a)(1)(A), substituted "chapter 31 of title 31" for "the Second Liberty Bond Act, as amended" and "public-debt obligations" for "public-debt obligation".
Subsec. (g)(1). Pub. L. 98–369, §2663(j)(2)(A)(i), substituted "Health and Human Services" for "Health, Education, and Welfare".
Subsec. (g)(1)(B). Pub. L. 98–369, §2663(a)(1)(B), substituted "clause" for "clauses" in first sentence.
Subsecs. (g)(2), (4), (i)(1). Pub. L. 98–369, §2663(j)(2)(A)(i), substituted "Health and Human Services" for "Health, Education, and Welfare".
Subsec. (l)(3)(B)(i). Pub. L. 98–369, §2661(a), inserted "Insurance" after "Survivors".
1983—Subsec. (a). Pub. L. 98–21, §141(a), in provisions following par. (4), substituted "monthly on the first day of each calendar month" for "from time to time", wherever appearing, and "to be paid or deposited into the Treasury during such month" for "paid to or deposited into the Treasury", and inserted provision that all amounts transferred to either Trust Fund under the preceding sentence shall be invested by the Managing Trustee in the same manner and to the same extent as the other assets of such Trust Fund; and such Trust Fund shall pay interest to the general fund on the amount so transferred on the first day of any month at a rate (calculated on a daily basis, and applied against the difference between the amount so transferred on such first day and the amount which would have been transferred to the Trust Fund up to that day under the procedures in effect on Jan. 1, 1983) equal to the rate earned by the investments of such Fund in the same month under subsection (d) of this section.
Subsec. (b)(1)(K) to (P). Pub. L. 98–21, §126(a), substituted, in cls. (K), (L), and (M), appropriations equivalent to 100 per centum of (K) 1.65 per centum of the wages (as so defined) paid after Dec. 31, 1981, and before Jan. 1, 1983, and so reported, (L) 1.25 per centum of the wages (as so defined) paid after Dec. 31, 1982, and before Jan. 1, 1984, and so reported, (M) 1.00 per centum of the wages (as so defined) paid after Dec. 31, 1983, and before Jan. 1, 1988, and so reported, for such appropriations of (K) 1.65 per centum of the wages (as so defined) paid after Dec. 31, 1981, and before Jan. 1, 1985, and so reported, (L) 1.90 per centum of the wages (as so defined) paid Dec. 31, 1984, and before Jan. 1, 1990, and so reported, and (M) 2.20 per centum of the wages (as so defined) paid after Dec. 31, 1989, and so reported, and added cls. (N) to (P).
Subsec. (b)(2)(K) to (P). Pub. L. 98–21, §126(b), substituted, in cls. (K), (L), and (M), appropriations equivalent to 100 per centum of (K) 1.2375 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after Dec. 31, 1981, and before Jan. 1, 1983, (L) 0.9375 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after Dec. 31, 1982, and before Jan. 1, 1984, (M) 1.00 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after Dec. 31, 1983, and before Jan. 1, 1988, for such appropriations of (K) 1.2375 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after Dec. 31, 1981, and before Jan. 1, 1985, (L) 1.4250 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after Dec. 31, 1984, and before Jan. 1, 1990, and (M) 1.6500 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after Dec. 31, 1989, and added cls. (N) to (P).
Subsec. (c). Pub. L. 98–21, §341(a), substituted "Secretary of Health and Human Services, all ex officio, and of two members of the public (both of whom may not be from the same political party), who shall be nominated by the President for a term of four years and subject to confirmation by the Senate" for "Secretary of Health, Education, and Welfare, all ex officio" in provisions preceding par. (1), and inserted provision that a person serving on the Board of Trustees shall not be considered to be a fiduciary and shall not be personally liable for actions taken in such capacity with respect to the Trust Funds, in provisions following par. (5).
Pub. L. 98–21, §154(a), in provisions following par. (5), inserted provision that the report referred to in par. (2) shall include an actuarial opinion by the Chief Actuary of the Social Security Administration certifying that the techniques and methodologies used are generally accepted within the actuarial profession and that the assumptions and cost estimates used are reasonable, and provided further that the certification shall not refer to economic assumptions underlying the Trustee's report.
Subsec. (l)(1). Pub. L. 98–21, §142(a)(1), substituted reference to January 1988 for reference to January 1983, and inserted ", subject to paragraph (5)," after "such Trust Fund, or".
Subsec. (l)(2). Pub. L. 98–21, §142(a)(2)(A), substituted "on the last day of each month after such loan is made" for "from time to time", substituted "the total interest accrued to such day" for "interest", and inserted "(even if such an investment would earn interest at a rate different than the rate earned by investments redeemed by the lending fund in order to make the loan)".
Subsec. (l)(3). Pub. L. 98–21, §142(a)(3), designated existing provisions as subpar. (A) and added subpars. (B) and (C).
Subsec. (l)(5). Pub. L. 98–21, §142(a)(4), added par. (5).
Subsec. (m). Pub. L. 98–21, §152(a), added subsec. (m).
1981—Subsec. (l). Pub. L. 97–123 added subsec. (l).
1980—Subsec. (b)(1)(H) to (M). Pub. L. 96–403, §1(a), substituted in cl. (H) reference to Jan. 1, 1980, for Jan. 1, 1981; added cls. (I) and (J); redesignated as cl. (K) former cl. (I) substituting reference to Dec. 31, 1981, for Dec. 31, 1980; and redesignated as cls. (L) and (M) former cls. (J) and (K).
Subsec. (b)(2)(H) to (M). Pub. L. 96–403, §1(b), substituted in cl. (H) reference to Jan. 1, 1980, for Jan. 1, 1981; added cls. (I) and (J); redesignated as cl. (K) former cl. (I) substituting reference to Dec. 31, 1981, for Dec. 31, 1980; and redesignated as cls. (L) and (M) former cls. (J) and (K).
Subsec. (j). Pub. L. 96–265, §310(a), added subsec. (j).
Subsec. (k). Pub. L. 96–265, §505(a)(5), added subsec. (k).
1977—Subsec. (b)(1)(G) to (K). Pub. L. 95–216, §102(a)(1), substituted "(G) 1.55 per centum of the wages (as so defined) paid after December 31, 1977, and before January 1, 1979, and so reported, (H) 1.50 per centum of the wages (as so defined) paid after December 31, 1978, and before January 1, 1981, and so reported, (I) 1.65 per centum of the wages (as so defined) paid after December 31, 1980, and before January 1, 1985, and so reported, (J) 1.90 per centum of the wages (as so defined) paid after December 31, 1984, and before January 1, 1990, and so reported, and (K) 2.20 per centum of the wages (as so defined) paid after December 31, 1989, and so reported" for "(G) 1.2 per centum of the wages (as so defined) paid after December 31, 1977, and before January 1, 1981, and so reported, (H) 1.3 per centum of the wages (as so defined) paid after December 31, 1980, and before January 1, 1986, and so reported, (I) 1.4 per centum of the wages (as so defined) paid after December 31, 1985, and before January 1, 2011, and so reported, and (J) 1.7 per centum of the wages (as so defined) paid after December 31, 2010, and so reported".
Subsec. (b)(2)(G) to (K). Pub. L. 95–216, §102(a)(2), substituted "(G) 1.090 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1977, and before January 1, 1979, (H) 1.0400 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1978, and before January 1, 1981, (I) 1.2375 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1980, and before January 1, 1985, (J) 1.4250 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1984, and before January 1, 1990, and (K) 1.650 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1989" for "(G) 0.850 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1977, and before January 1, 1981, (H) 0.920 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1980, and before January 1, 1986, (I) 0.990 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1985, and before January 1, 2011, and (J) 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 2010".
1976—Subsec. (g)(1). Pub. L. 94–202, §8(d)(1), incorporated changes in the operations and responsibilities of the Managing Trustee of the Trust Funds and the Secretary of Health, Education, and Welfare occasioned by changes in the annual method of reporting wages for social security purposes, by directing that estimated amounts paid from the Trust Funds into the Treasury, to replace amounts expended from the general fund in the Treasury, be estimated by both the Managing Trustee and the Secretary and that the Secretary determine the portion of costs attributable to the general fund in the Treasury and the portion attributable to the Trust Funds at the close of the fiscal year, by striking out reference to section 1381 of this title, and by inserting reference to par. (4) of this section, section 432 of this title, and subchapter E of chapter 1 and subchapter A of chapter 9 of the Internal Revenue Code of 1939.
Subsec. (g)(4). Pub. L. 94–202, §8(d)(2), added par. (4).
1973—Subsec. (b)(1)(E) to (J). Pub. L. 93–233, §7(a), substituted in: cl. (E) "January 1, 1974" for "January 1, 1978"; cl. (F) "December 31, 1973" and "January 1, 1978" for "December 31, 1977" and "January 1, 2011"; cl. (G) "1.2" for "1.5" per centum and "paid after December 31, 1977, and before January 1, 1981" for "paid after December 31, 2010," and added cls. (H) to (J).
Subsec. (b)(2)(E) to (J). Pub. L. 93–233, §7(b), substituted in: cl. (E) "January 1, 1974" for "January 1, 1978"; cl. (F) "0.815 of 1 per centum" for "0.84 per centum" and "as reported for any taxable year beginning after December 31, 1973, and before January 1, 1978" for "so reported for any taxable year beginning after December 31, 1977, and before January 1, 2011"; cl. (G) "0.850 of 1 percentum" for "0.895 per centum" and "taxable year beginning after December 31, 1977, and before January 1, 1981" for "taxable year beginning after December 31, 2010"; and added cls. (H) to (J).
1972—Subsec. (a). Pub. L. 92–603, §132(a), inserted "such gifts and bequests as may be made as provided in subsection (i)(1), and" after "in addition," in provisions preceding par. (1).
Subsec. (b). Pub. L. 92–603, §132(b), inserted "such gifts and bequests as may be made as provided in subsection (i)(1), and" after "consist of" in provisions preceding par. (1).
Subsec. (b)(1). Pub. L. 92–603, §136(a), substituted "1.1" for "1.0" in cl. (E), "1.15" for "1.1" in cl. (F), and "1.5" for "1.4" in cl. (G).
Pub. L. 92–336, §205(a), struck out "and" before "(D)", inserted reference to wages paid before January 1, 1973, in cl. (D), and added cls. (E), (F), and (G).
Subsec. (b)(2). Pub. L. 92–603, §136(b), substituted "0.795" for "0.75" in cl. (E), "0.84" for "0.825" in cl. (F), and "0.895" for "0.915" in cl. (G).
Pub. L. 92–336, §205(b), struck out "and" before "(D)", inserted reference to self-employment income before January 1, 1973, in cl. (D), and added cls. (E), (F), and (G).
Subsec. (g)(1)(A). Pub. L. 92–603, §305(a), inserted references to subchapter XVI of this chapter and provisions relating to the general revenues of the United States with respect to subchapter XVI of this chapter and to the appropriations made pursuant to section 1381 of this title.
Subsec. (i). Pub. L. 92–603, §132(c), added subsec. (i).
1969—Subsec. (b)(1). Pub. L. 91–172, §1005(a), inserted reference to wages paid before Jan. 1, 1969, and inserted provision for the appropriation of amounts equal to 1.10 per centum of wages paid after Dec. 31, 1969.
Subsec. (b)(2). Pub. L. 91–172, §1005(b), inserted reference to self-employment income before Jan. 1, 1970, and inserted provision for the appropriation of 0.825 of 1 percent of the amount of self-employment income for taxable years beginning after Dec. 31, 1969.
1968—Subsec. (b)(1). Pub. L. 90–248, §110(a), designated existing provisions as cls. (A) and (B), inserted "and before January 1, 1968," after "1965," in cl. (B), and added cl. (C).
Subsec. (b)(2). Pub. L. 90–248, §110(b), designated existing provisions as cls. (A) and (B), inserted "and before January 1, 1968, and" after "1965," in cl. (B), and added cl. (C).
Subsec. (c)(2). Pub. L. 90–248, §169(a), substituted "April" for "March".
Subsec. (c). Pub. L. 90–248, §169(b), inserted penultimate sentence for inclusion in reports of board of trustees to Congress of an actuarial analysis of the benefit disbursements made from the Federal Old-Age and Survivors Insurance Trust Fund with respect to disabled beneficiaries.
1965—Subsec. (a)(3). Pub. L. 89–97, §108(a)(1), inserted "(other than sections 3101(b) and 3111(b))" after "chapter 21" in two places.
Subsec. (a)(4). Pub. L. 89–97, §108(a)(2), inserted "(other than section 1401(b))" after "chapter 2" and "such subchapter or chapter".
Subsec. (b)(1). Pub. L. 89–97, §305(a), inserted "and before January 1, 1966," after "December 31, 1956," and "and 0.70 of 1 per centum of the wages (as so defined) paid after December 31, 1965, and so reported," after "1954,".
Subsec. (b)(2). Pub. L. 89–97, §305(b), inserted "and before January 1, 1966, and 0.525 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1965," after "December 31, 1956,".
Subsec. (c). Pub. L. 89–97, §327, extended from once each six months to once each calendar year the minimum number of times the Board of Trustees must meet.
Subsec. (g)(1). Pub. L. 89–97, §108(a)(3), included the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund among the Trust Funds available for reimbursement of the Treasury for administrative costs of this subchapter and subchapter XVIII of this chapter, deleted references to administrative costs of subchapter VIII of this chapter and subchapter E of chapter 1 and subchapter 9 of the Internal Revenue Code of 1939, and also provided for adjustment among the Trust Funds during each fiscal year so that the Funds bear the proportionate share of the administration costs.
Subsec. (g)(2). Pub. L. 89–97, §108(a)(4), inserted "imposed under section 3101(a)" after "the amount estimated by him as taxes".
Subsec. (h). Pub. L. 89–97, §108(a)(5), inserted "(other than section 426 of this title)" after "this subchapter".
1960—Subsec. (c). Pub. L. 86–778, §701(a)–(c), required the Board of Trustees to meet not less frequently than once each six months, struck out provisions from cl. (3) which required the Board to report immediately to the Congress whenever the Board is of the opinion that during the ensuing five fiscal years either of the Trust Funds will exceed three times the highest annual expenditures from such Trust Fund anticipated during that five-fiscal-year period, and added cl. (5).
Subsec. (d). Pub. L. 86–778, §701(d), substituted "shall bear interest at a rate equal to the average market yield (computed by the Managing Trustee on the basis of market quotations as of the end of the calendar month next preceding the date of such issue) on all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable until after the expiration of four years from the end of such calendar month" for "bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interest-bearing obligations of the United States then forming a part of the Public Debt that are not due or callable until after the expiration of five years from the date of original issue", and substituted provisions authorizing the purchase of other interest-bearing obligations when the Managing Trustee determines that it is in the public interest for provisions which authorized the issuance of obligations by the Trust Funds only if the Managing Trustee determined that the purchase of other obligations was not in the public interest.
Subsec. (e). Pub. L. 86–778, §701(e), substituted "public-debt obligations" for "special obligations" in two places.
1959—Subsec. (d). Pub. L. 86–346 substituted "on original issue at the issue price" for "on original issue at par".
1958—Subsec. (h). Pub. L. 85–840 provided that benefit payments required to be made under subsection (b), (c), or (d) of section 402 of this title to individuals entitled to benefits on the basis of the wages and self-employment income of an individual entitled to disability insurance benefits be made only from the Federal Disability Insurance Trust Fund.
1956—Act Aug. 1, 1956, amended section generally, inserting references to taxes imposed by the Internal Revenue Code of 1954, substituting "Secretary of Health, Education, and Welfare" for "Federal Security Administrator," creating the Federal Disability Insurance Trust Fund, requiring obligations issued for purchase by the Trust Funds to have maturities fixed with due regard for the needs of the Trust Funds, authorizing to be made available for expenditure out of the Trust Funds such amounts as Congress deems necessary to pay costs of administration of subchapter, and requiring the Secretary of Health, Education, and Welfare to analyze costs of administration so that each Trust Fund may be charged with its proper share.
1950—Subsec. (a). Act Aug. 28, 1950, §109(a)(1)–(3), substituted "such amounts as may be appropriated to, or deposited in, the Trust Fund" for "such amounts as may be appropriated to the Trust Fund" in second sentence, simplified the accounting and collection processes required for determining the amounts appropriated to the trust fund, as set out in third sentence, and struck out fourth sentence authorizing appropriation of additional funds.
Subsec. (b). Act Aug. 28, 1950, §109(a)(4)–(8), substituted "Federal Security Administrator" for "Chairman of the Social Security Board", changed filing date for annual report from first day of each regular session of Congress to March 1 of each year, added par. (4), inserted sentence to require report to be printed as a House document, and made Commissioner of Social Security the Secretary of the Board of Trustees.
Subsec. (f). Act. Aug. 28, 1950, §109(a)(9), changed reference in text from Title II of the Federal Insurance Contributions Act to subchapter A of chapter 9 and subchapter E of chapter 1 of the Internal Revenue Code of 1939 to avoid confusion and to include the new provisions of such Code relating to the collection of taxes from the self-employed.
1944—Subsec. (a). Act Feb. 25, 1944, inserted sentence authorizing appropriation of additional funds.
1939—Act Aug. 10, 1939, amended section generally.
Pub. L. 114–74, title VIII, §833(3), Nov. 2, 2015, 129 Stat. 614, provided that: "The amendments made by this section [amending this section] shall apply with respect to wages paid after December 31, 2015, and self-employment income for taxable years beginning after such date."
Pub. L. 105–277, div. J, title IV, §4005(c), Oct. 21, 1998, 112 Stat. 2681–912, provided that: "The amendments made by subsection (b) [amending this section] shall apply to benefits paid on or after the first day of the second month beginning after the month in which this Act is enacted [October 1998]."
Pub. L. 103–387, §3(c), Oct. 22, 1994, 108 Stat. 4075, provided that: "The amendments made by this section [amending this section] shall apply with respect to wages paid after December 31, 1993, and self-employment income for taxable years beginning after such date."
Pub. L. 103–296, title I, §110, Aug. 15, 1994, 108 Stat. 1490, provided that:
"(a) In General.—Except as otherwise provided in this title, this title [see Tables for classification], and the amendments made by such title, shall take effect March 31, 1995.
"(b) Transition Rules.—Section 106 [amending section 5315 of Title 5, Government Organization and Employees, and enacting provisions set out as a note under section 901 of this title] shall take effect on the date of the enactment of this Act [Aug. 15, 1994].
"(c) Exceptions.—The amendments made by section 103 [amending section 903 of this title], subsections (b)(4) and (c) of section 105 [enacting provisions set out in a note under section 901 of this title], and subsections (a)(1), (e)(1), (e)(2), (e)(3), and (l)(2) of section 108 [enacting section 913 of this title and amending sections 5312, 5313, and 5315 of Title 5 and section 11 of Pub. L. 95–452, Inspector General Act of 1978, set out in the Appendix to Title 5] shall take effect on the date of the enactment of this Act."
Pub. L. 103–296, title III, §301(c), Aug. 15, 1994, 108 Stat. 1518, provided that:
"(1) In general.—The amendments made by this section [amending this section] shall apply with respect to obligations issued, and payments made, after 60 days after the date of the enactment of this Act [Aug. 15, 1994].
"(2) Treatment of outstanding obligations.—Not later than 60 days after the date of the enactment of this Act, the Secretary of the Treasury shall issue to the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, as applicable, a paper instrument, in the form of a bond, note, or certificate of indebtedness, for each obligation which has been issued to the Trust Fund under section 201(d) of the Social Security Act [42 U.S.C. 401(d)] and which is outstanding as of such date. Each such document shall set forth the principal amount, date of maturity, and interest rate of the obligation, and shall state on its face that the obligation shall be incontestable in the hands of the Trust Fund to which it was issued, that the obligation is supported by the full faith and credit of the United States, and that the United States is pledged to the payment of the obligation with respect to both principal and interest."
Pub. L. 103–296, title III, §321(c)(1)(A)(ii), Aug. 15, 1994, 108 Stat. 1537, provided that: "The amendments made by clause (i) [amending this section] shall apply only with respect to periods beginning on or after the date of the enactment of this Act [Aug. 15, 1994]."
Pub. L. 103–296, title III, §321(c)(1)(B)(ii), Aug. 15, 1994, 108 Stat. 1537, provided that: "The amendments made by clause (i) [amending this section] shall apply only with respect to wages paid on or after January 1, 1995."
Pub. L. 101–508, title V, §5106(d), Nov. 5, 1990, 104 Stat. 1388–269, provided that: "The amendments made by this section [amending this section and sections 406, 1320a–6, 1383, and 1395i of this title] shall apply with respect to determinations made on or after July 1, 1991, and to reimbursement for travel expenses incurred on or after April 1, 1991."
Pub. L. 101–508, title V, §5115(c)[(b)], Nov. 5, 1990, 104 Stat. 1388–274, provided that: "The amendments made by this section [amending this section] shall become effective on the first day of the month following the month in which this Act is enacted [November 1991]."
Amendment by section 13304 of Pub. L. 101–508 effective for annual reports of the Board of Trustees issued in or after calendar year 1991, see section 13306 of Pub. L. 101–508, set out as a note under section 632 of Title 2, The Congress.
Pub. L. 101–234, title II, §202(b), Dec. 13, 1989, 103 Stat. 1981, provided that: "The provisions of subsection (a) [set out below] shall take effect January 1, 1990, and the repeal of section 211 of MCCA [Pub. L. 100–360, which amended sections 1395r, 1395w, and 1395mm of this title and enacted provisions set out as a note under section 1395r of this title] shall apply to premiums for months beginning after December 31, 1989."
Pub. L. 100–647, title VIII, §8005(b), Nov. 10, 1988, 102 Stat. 3781, provided that: "The amendments made by this section [amending this section and sections 1395i and 1395t of this title] shall apply to members of the Boards of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, of the Federal Hospital Insurance Trust Fund, and of the Federal Supplementary Medical Insurance Trust Fund serving on such Boards of Trustees as members of the public on or after the date of the enactment of this Act [Nov. 10, 1988]."
Pub. L. 99–272, title IX, §9213(c), Apr. 7, 1986, 100 Stat. 180, provided that: "The amendments made by this section [amending this section and sections 1395i and 1395t of this title] shall become effective on the date of the enactment of this Act [Apr. 7, 1986]."
Pub. L. 98–369, div. B, title VI, §2664, July 18, 1984, 98 Stat. 1171, provided that:
"(a) Except as otherwise specifically provided, the amendments made by sections 2661 and 2662 [amending this section and sections 402, 403, 405, 409, 410, 415, 416, 423, 428, and 429 of this title and sections 86, 134, 422A, 3121, 3306, and 6334 of Title 26, Internal Revenue Code, enacting provisions set out as notes under sections 402 and 403 of this title and sections 3121 and 3306 of Title 26, and amending provisions set out as notes under sections 415 and 902 of this title, section 3121 of Title 26, and section 3023 [now 5123] of Title 38, Veterans' Benefits] shall be effective as though they had been included in the enactment of the Social Security Amendments of 1983 (Public Law 98–21).
"(b) Except to the extent otherwise specifically provided in this subtitle [subtitle D (§§2661–2664) of Pub. L. 98–369], the amendments made by section 2663 [amending this section and sections 402, 403, 405, 408–410, 411, 413, 415, 416–418, 421–423, 426, 428, 430, 431, 433, 502, 503, 602, 603, 606, 607, 609, 610, 614, 615, 620, 631, 632, 633, 634, 636, 641, 643–645, 652–654, 656, 660, 662, 674, 902, 903, 907, 1101, 1104, 1108, 1301, 1302, 1306, 1307, 1314–1316, 1320, 1320a–5, 1320b–1, 1381a–1382a, 1382c, 1382d, 1382g, 1382j, 1383, 1395i, 1395s–1395u, 1396, 1397a, and 1397e of this title and sections 51, 1402, 3121, 6057, 6103, and 6511 of Title 26, repealing sections 1331–1336 of this title, and enacting provisions set out as notes under sections 1301 and 1307 of this title] shall be effective on the date of the enactment of this Act [July 18, 1984]; but none of such amendments shall be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date."
Pub. L. 98–21, title I, §141(c), Apr. 20, 1983, 97 Stat. 99, provided that: "The amendments made by this section [amending this section and section 1395i of this title] shall become effective on the first day of the month following the month in which this Act is enacted [April 1983]."
Pub. L. 98–21, title I, §142(a)(2)(B), Apr. 20, 1983, 97 Stat. 99, provided that: "The amendment made by this paragraph [amending this section] shall apply with respect to months beginning more than thirty days after the date of enactment of this Act [Apr. 20, 1983]."
Pub. L. 98–21, title I, §152(b), Apr. 20, 1983, 97 Stat. 105, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to all checks for benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] which are issued on or after the first day of the twenty-fourth month following the month in which this Act is enacted [April 1983]."
Pub. L. 98–21, title I, §154(e), Apr. 20, 1983, 97 Stat. 107, provided that: "The amendments made by this section [amending this section and sections 1395i and 1395t of this title] shall take effect on the date of the enactment of this Act [Apr. 20, 1983]."
Pub. L. 98–21, title III, §341(d), Apr. 20, 1983, 97 Stat. 136, provided that: "The amendments made by this section [amending this section and sections 1395i and 1395t of this title] shall become effective on the date of enactment of this Act [Apr. 20, 1983]."
Pub. L. 97–123, §1(c), Dec. 29, 1981, 95 Stat. 1660, provided that: "The amendments made by this section [amending this section and section 1395i of this title] shall be effective on the date of the enactment of this Act [Dec. 29, 1981]."
Pub. L. 96–403, §2, Oct. 9, 1980, 94 Stat. 1710, provided that: "The amendments made by the first section of this Act [amending this section] shall apply with respect to remuneration paid, and taxable years beginning after December 31, 1979."
Amendment by Pub. L. 95–216 applicable with respect to remuneration paid or received, and taxable years beginning after 1977, see section 104 of Pub. L. 95–216, set out as a note under section 1401 of Title 26, Internal Revenue Code.
Pub. L. 92–603, title I, §132(f), Oct. 30, 1972, 86 Stat. 1361, provided that: "The amendments made by this section [amending this section and sections 1395i and 1395t of this title] shall apply with respect to gifts and bequests received after the date of enactment of this Act [Oct. 30, 1972]."
Pub. L. 92–603, title III, §305(c), Oct. 30, 1972, 86 Stat. 1485, provided that: "The provisions of this section [amending this section and enacting provisions set out as a note under this section] shall become effective on the date of enactment of this Act [Oct. 30, 1972]."
Pub. L. 86–778, title VII, §701(f), Sept. 13, 1960, 74 Stat. 993, provided that: "The amendments made by this section [amending this section] shall take effect on the first day of the first month beginning after the date of the enactment of this Act [Sept. 13, 1960]."
Amendment by Pub. L. 85–840 applicable with respect to monthly benefits under this subchapter for months after August 1958, but only if an application for such benefits is filed on or after Aug. 28, 1958, see section 207(a) of Pub. L. 85–840, set out as a note under section 416 of this title.
Act Aug. 10, 1939, ch. 666, title II, §201, 53 Stat. 1362, provided that the amendment made by that section is effective Jan. 1, 1940.
Construction of 1994 Amendment
Pub. L. 103–296, title III, §321(d), Aug. 15, 1994, 108 Stat. 1538, provided that:
"(1) The preceding provisions of this section [amending this section and sections 402, 403, 405, 408 to 411, 413, 415, 416, 418, 423, 429, 430, and 432 of this title, and enacting provisions set out as notes under this section and sections 402 and 430 of this title] shall be construed only as technical and clerical corrections and as reflecting the original intent of the provisions amended thereby.
"(2) Any reference in title II of the Social Security Act [42 U.S.C. 401 et seq.] to the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.] shall be construed to include a reference to the Internal Revenue Code of 1954 to the extent necessary to carry out the provisions of paragraph (1)."
Protection of Social Security
Pub. L. 110–234, title XV, §15361, May 22, 2008, 122 Stat. 1527, and Pub. L. 110–246, §4(a), title XV, §15361, June 18, 2008, 122 Stat. 1664, 2289, provided that: "To ensure that the assets of the trust funds established under section 201 of the Social Security Act (42 U.S.C. 401) are not reduced as a result of the enactment of this Act [see Tables for classification], the Secretary of the Treasury shall transfer annually from the general revenues of the Federal Government to those trust funds the following amounts:
"(1) For fiscal year 2009, $5,000,000.
"(9) For fiscal year 2017, $7,000,000."
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]
No Impact on Social Security Trust Funds
Pub. L. 107–147, title V, §501, Mar. 9, 2002, 116 Stat. 58, provided that:
"(a) In General.—Nothing in this Act [see Tables for classification] (or an amendment made by this Act) shall be construed to alter or amend title II of the Social Security Act [42 U.S.C. 401 et seq.] (or any regulation promulgated under that Act [42 U.S.C. 301 et seq.]).
"(b) Transfers.—
"(1) Estimate of secretary.—The Secretary of the Treasury shall annually estimate the impact that the enactment of this Act has on the income and balances of the trust funds established under section 201 of the Social Security Act (42 U.S.C. 401).
"(2) Transfer of funds.—If, under paragraph (1), the Secretary of the Treasury estimates that the enactment of this Act has a negative impact on the income and balances of the trust funds established under section 201 of the Social Security Act (42 U.S.C. 401), the Secretary shall transfer, not less frequently than quarterly, from the general revenues of the Federal Government an amount sufficient so as to ensure that the income and balances of such trust funds are not reduced as a result of the enactment of this Act."
Impact of Pub. L. 107–134 on Social Security Trust Funds
Pub. L. 107–134, title III, §301, Jan. 23, 2002, 115 Stat. 2444, provided that:
"(a) In General.—Nothing in this Act [see Short Title of 2002 Amendment note set out under section 1 of Title 26, Internal Revenue Code] (or an amendment made by this Act) shall be construed to alter or amend title II of the Social Security Act [42 U.S.C. 401 et seq.] (or any regulation promulgated under that Act [42 U.S.C. 301 et seq.]).
Study by General Accounting Office of Existing Coordination of the DI and SSI Programs as They Relate to Individuals Entering or Leaving Concurrent Entitlement
Pub. L. 106–170, title III, §303(b), Dec. 17, 1999, 113 Stat. 1904, provided that, as soon as practicable after Dec. 17, 1999, the Comptroller General was to undertake a study to evaluate the coordination of the disability insurance program under title II of the Social Security Act (42 U.S.C. 401 et seq.) and the supplemental security income program under title XVI (42 U.S.C. 1381 et seq.) of that Act, as such programs related to individuals entering or leaving concurrent entitlement under such programs, specifically addressing the effectiveness of work incentives under such programs and the effectiveness of coverage of such individuals under titles XVIII and XIX of that Act (42 U.S.C. 1395 et seq., 1396 et seq.), and not later than 3 years after Dec. 17, 1999, was to transmit to the appropriate congressional committees a report presenting the results of the study and any appropriate recommendations for legislative or administrative changes.
Use of Continuing Disability Review Funds and Report Requirement
Pub. L. 104–121, title I, §103(d), Mar. 29, 1996, 110 Stat. 850, as amended by Pub. L. 104–193, title II, §211(d)(5)(D), Aug. 22, 1996, 110 Stat. 2192, provided that:
"(1) In general.—The Commissioner of Social Security shall ensure that funds made available for continuing disability reviews (as defined in section 201(g)(1)(A) of the Social Security Act [42 U.S.C. 401(g)(1)(A)]) are used, to the greatest extent practicable, to maximize the combined savings in the old-age, survivors, and disability insurance, supplemental security income, Medicare, and medicaid programs, except that the amounts appropriated pursuant to the authorization and discretionary spending allowance provisions in section 211(d)(2)(5) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 [probably means section 211(d)(5) of Pub. L. 104–193, which amended sections 665e and 901 of Title 2, The Congress, enacted provisions set out as a note under section 1382c of this title, and amended this note] shall be used only for continuing disability reviews and redeterminations under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.].
"(2) Report.—The Commissioner of Social Security shall provide annually (at the conclusion of each of the fiscal years 1996 through 2002) to the Congress a report on continuing disability reviews which includes—
"(A) the amount spent on continuing disability reviews in the fiscal year covered by the report, and the number of reviews conducted, by category of review;
"(B) the results of the continuing disability reviews in terms of cessations of benefits or determinations of continuing eligibility, by program; and
"(C) the estimated savings over the short-, medium-, and long-term to the old-age, survivors, and disability insurance, supplemental security income, Medicare, and medicaid programs from continuing disability reviews which result in cessations of benefits and the estimated present value of such savings."
Repeal of Changes in Medicare Part B Monthly Premium and Financing
Pub. L. 101–234, title II, §202(a), Dec. 13, 1989, 103 Stat. 1981, provided that: "Sections 211 through 213 (other than sections 211(b) and 211(c)(3)(B)) of MCCA [Pub. L. 100–360, which enacted sections 1395t–1 and 1395t–2 of this title, amended this section and sections 1395i, 1395l, 1395r, 1395s, 1395t, 1395w, and 1395mm of this title, and enacted provisions set out as a note under section 1395r of this title] are repealed and the provisions of law amended or repealed by such sections are restored or revised as if such sections had not been enacted."
Transfer of Equivalent of 1983 Tax Increases to Payor Funds; Reports
Pub. L. 98–21, title I, §121(e), Apr. 20, 1983, 97 Stat. 83, as amended by Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103–66, title XIII, §13215(c), Aug. 10, 1993, 107 Stat. 476; Pub. L. 104–188, title I, §1703(n)(12), Aug. 20, 1996, 110 Stat. 1877, provided that:
"(1) In general.—(A) There are hereby appropriated to each payor fund amounts equivalent to (i) the aggregate increase in tax liabilities under chapter 1 of the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.] which is attributable to the application of sections 86 and 871(a)(3) of such Code (as added by this section) [26 U.S.C. 86, 871(a)(3)] to payments from such payor fund, less (ii) the amounts equivalent to the aggregate increase in tax liabilities under chapter 1 of the Internal Revenue Code of 1986 which is attributable to the amendments to section 86 of such Code made by section 13215 of the Revenue Reconciliation Act of 1993 [Pub. L. 103–66].
"(B) There are hereby appropriated to the hospital insurance trust fund amounts equal to the increase in tax liabilities described in subparagraph (A)(ii). Such appropriated amounts shall be transferred from the general fund of the Treasury on the basis of estimates of such tax liabilities made by the Secretary of the Treasury. Transfers shall be made pursuant to a schedule made by the Secretary of the Treasury that takes into account estimated timing of collection of such liabilities.
"(2) Transfers.—The amounts appropriated by paragraph (1)(A) to any payor fund shall be transferred from time to time (but not less frequently than quarterly) from the general fund of the Treasury on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in such paragraph. Any such quarterly payment shall be made on the first day of such quarter and shall take into account social security benefits estimated to be received during such quarter. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.
"(3) Definitions.—For purposes of this subsection—
"(A) Payor fund.—The term 'payor fund' means any trust fund or account from which payments of social security benefits are made.
"(B) Hospital insurance trust fund.—The term 'hospital insurance trust fund' means the fund established pursuant to section 1817 of the Social Security Act [42 U.S.C. 1395i].
"(C) Social security benefits.—The term 'social security benefits' has the meaning given such term by section 86(d)(1) of the Internal Revenue Code of 1986 [26 U.S.C. 86(d)(1)].
"(4) Reports.—The Secretary of the Treasury shall submit annual reports to the Congress and to the Secretary of Health and Human Services and the Railroad Retirement Board on—
"(A) the transfers made under this subsection during the year, and the methodology used in determining the amount of such transfers and the funds or account to which made, and
"(B) the anticipated operation of this subsection during the next 5 years."
[For termination, effective May 15, 2000, of provisions relating to submission of annual reports to Congress in section 121(e)(4) of Pub. L. 98–21, set out above, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and item 17 on page 143 of House Document No. 103–7.]
Reimbursement to Trust Funds for Unnegotiated Benefit Checks
Pub. L. 98–21, title I, §152(c), Apr. 20, 1983, 97 Stat. 105, provided that:
"(1) The Secretary of the Treasury shall transfer from the general fund of the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund and to the Federal Disability Insurance Trust Fund, in the month following the month in which this Act is enacted [April 1983] and in each of the succeeding 30 months, such sums as may be necessary to reimburse such Trust Funds in the total amount of all checks (including interest thereof) which he and the Secretary of Health and Human Services jointly determine to be unnegotiated benefit checks, to the extent provided in advance in appropriation Acts. After any amounts authorized by this subsection have been transferred to a Trust Fund with respect to any benefit check, the provisions of paragraphs (3) and (4) of section 201(m) of the Social Security Act [42 U.S.C. 401(m)(3), (4)] (as added by subsection (a) of this section) shall be applicable to such check.
"(2) As used in paragraph (1), the term 'unnegotiated benefit checks' means checks for benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] which are issued prior to the twenty-fourth month following the month in which this Act is enacted [April 1983], which remain unnegotiated after the sixth month following the date on which they were issued, and with respect to which no transfers have previously been made in accordance with the first sentence of such paragraph."
Study of Float Period of Monthly Insurance Benefit Checks
Pub. L. 98–21, title I, §153, Apr. 20, 1983, 97 Stat. 106, directed Secretary of Health and Human Services and Secretary of the Treasury jointly to undertake a thorough study with respect to period of time (referred to as "float period") between issuance of checks from general fund of Treasury in payment of monthly insurance benefits under title II of the Social Security Act [this subchapter] and transfer to general fund from Federal Old-Age and Survivors Insurance Trust Fund or Federal Disability Insurance Trust Fund, as applicable, of amounts necessary to compensate general fund for issuance of such checks, with Secretaries to submit a report to President an Congress not later than twelve months after Apr. 20, 1983, on their findings as to necessity of making adjustments in procedures governing payment of monthly insurance benefits.
Due Date for 1983 Report on Operation and Status of Trust Fund
Pub. L. 98–21, title I, §154(d), Apr. 20, 1983, 97 Stat. 107, provided that notwithstanding sections 401(c)(2), 1395i(b)(2), and 1395t(b)(2) of this title, the annual reports of the Boards of Trustees of the Trust Funds which are required in calendar year 1983 under those sections may be filed at any time not later than forty-five days after Apr. 20, 1983.
Study Relating to Establishment of Time Limitations for Decisions on Claims for Benefits; Report
Pub. L. 96–265, title III, §308, June 9, 1980, 94 Stat. 458, directed Secretary of Health and Human Services to submit to Congress, no later than July 1, 1980, a report recommending establishment of appropriate time limitations governing decisions on claims for benefits under this subchapter, taking into account both need for expeditious processing of claims for benefits and need to assure that all such claims will be thoroughly considered and accurately determined.
Effects of Certain Amendments by Pub. L. 96–265; Report
Pub. L. 96–265, title III, §312, June 9, 1980, 94 Stat. 460, directed Secretary of Health and Human Services to submit to Congress, not later than Jan. 1, 1985, a full and complete report as to effects produced by reason of preceding provisions of this Act and amendments made thereby (see Tables for classification).
Appointment and Compensation of Individuals Necessary To Assist the Board of Trustees
Pub. L. 94–202, §8(e), Jan. 2, 1976, 89 Stat. 1139, provided that: "Any persons the Board of Trustees finds necessary to employ to assist it in performing its functions under section 201(g)(4) of the Social Security Act [42 U.S.C. 401(g)(4)] may be appointed without regard to the civil service or classification laws, shall be compensated, while so employed at rates fixed by the Board of Trustees, but not exceeding $100 per day, and, while away from their homes or regular places of business, they may be allowed traveling expenses, including per diem in lieu of subsistence, as authorized by law for persons in the Government service employed intermittently."
Method of Determining Costs Prescribed by the Board of Trustees Certification and Transfer of Funds
Pub. L. 94–202, §8(f), Jan. 2, 1976, 89 Stat. 1139, as amended by Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095, provided that: "The Secretary shall not make any estimates pursuant to section 201(g)(1)(A)(ii) of the Social Security Act [42 U.S.C. 401(g)(1)(A)(ii)] before the Board of Trustees prescribes the method of determining costs as provided in section 201(g)(4) of such Act [42 U.S.C. 401(g)(4)]. The determinations pursuant to section 201(g)(1)(B) of the Social Security Act [42 U.S.C. 401(g)(1)(B)] with respect to the carrying out of the functions of the Department of Health, Education, and Welfare [now Health and Human Services] specified in section 232 of such Act [42 U.S.C. 432], which relate to the administration of provisions of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (other than those referred to in clause (i) of the first sentence of section 201(g)(1)(A) of the Social Security Act [42 U.S.C. 401(g)(1)(A)]), during fiscal years ending before the Board of Trustees prescribes the method of making such determinations, shall be made after the Board of Trustees has prescribed such method. The Secretary of Health, Education, and Welfare [now Health and Human Services] shall certify to the Managing Trustee the amounts that should be transferred from the general fund in the Treasury to the Trust Funds (as referred to in section 201(g)(1)(A) of the Social Security Act [42 U.S.C. 401(g)(1)(A)]) to insure that the general fund in the Treasury bears its proper share of the costs of carrying out such functions in such fiscal years. The Managing Trustee is authorized and directed to transfer any such amounts in accordance with any certification so made."
Advances From Trust Funds for Administrative Expenses
Pub. L. 92–603, title III, §305(b), Oct. 30, 1972, 86 Stat. 1485, provided that:
"(1) Sums appropriated pursuant to section 1601 of the Social Security Act [42 U.S.C. 1381] shall be utilized from time to time, in amounts certified under the second sentence of section 201(g)(1)(A) of such Act [42 U.S.C. 401(g)(1)(A)], to repay the Trust Funds for expenditures made from such Funds in any fiscal year under section 201(g)(1)(A) of such Act (as amended by subsection (a) of this section) on account of the costs of administration of title XVI of such Act [42 U.S.C. 1381 et seq.] (as added by section 301 of this Act).
"(2) If the Trust Funds have not theretofore been repaid for expenditures made in any fiscal year (as described in paragraph (1)) to the extent necessary on account of—
"(A) expenditures made from such Funds prior to the end of such fiscal year to the extent that the amount of such expenditures exceeded the amount of the expenditures which would have been made from such Funds if subsection (a) had not been enacted,
"(B) the additional administrative expenses, if any, resulting from the excess expenditures described in subparagraph (A), and
"(C) any loss in interest to such Funds resulting from such excess expenditures and such administrative expenses,
in order to place each such Fund in the same position (at the end of such fiscal year) as it would have been in if such excess expenditures had not been made, the amendments made by subsection (a) shall cease to be effective at the close of the fiscal year following such fiscal year.
"(3) As used in this subsection, the term 'Trust Funds' has the meaning given it in section 201(g)(1)(A) of the Social Security Act [42 U.S.C. 401(g)(1)(A)]."
Advances From Trust Funds for Administrative Purposes; Fiscal Year Transition Period of July 1, 1976, Through September 30, 1976, Deemed Fiscal Year
Fiscal year transition period of July 1, 1976, through Sept. 30, 1976, deemed fiscal year for purposes of section 305(b) of Pub. L. 92–603, set out as a note above, relating to advances from trust funds for administrative purposes, see section 201(11) of Pub. L. 94–274, title II, Apr. 21, 1976, 90 Stat. 390, set out as a note under section 343 of Title 7, Agriculture.
Gifts and Bequests for the Use of the United States and for Exclusively Public Purposes
Pub. L. 92–603, title I, §132(g), Oct. 30, 1972, 86 Stat. 1361, provided that: "For the purpose of Federal income, estate, and gift taxes, any gift or bequest to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, or the Federal Supplementary Medical Insurance Trust Fund, or to the Department of Health, Education, and Welfare [now Health and Human Services], or any part or officer thereof, for the benefit of any of such Funds or any activity financed through any of such Funds, which is accepted by the Managing Trustee of such Trust Funds under the authority of section 201(i) of the Social Security Act [42 U.S.C. 401(i)], shall be considered as a gift or bequest to or for the use of the United States and as made for exclusively public purposes."
Taxes on Services Rendered by Employees of International Organizations Prior to Jan. 1, 1946
Act Dec. 29, 1945, ch. 652, title I, §5(b), 59 Stat. 671, prohibited collection of tax under title VIII or IX of the Social Security Act or under the Federal Insurance Contributions Act or the Federal Unemployment Tax Act with respect to services rendered prior to January 1, 1946, which were described in paragraph (16) of sections 1426(b) and 1607(c) of the Internal Revenue Code of 1939, and authorized refund of taxes collected.
Executive Order No. 12335
Ex. Ord. No. 12335, Dec. 16, 1981, 46 F.R. 61633, as amended by Ex. Ord. No. 12397, Dec. 23, 1982, 47 F.R. 57651; Ex. Ord. No. 12402, Jan. 15, 1983, 48 F.R. 2311, which established the National Commission on Social Security Reform and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees.
1 So in original.
2 So in original. Two cls. (i) and (ii) have been enacted.
3 So in original. Probably should be "(vii)".
4 So in original. Probably should be "Commissioner".
§401a. Omitted
Section, acts Aug. 1, 1956, ch. 836, title I, §116, 70 Stat. 833; Sept. 13, 1966, Pub. L. 86–778, title VII, §704, 74 Stat. 994; July 30, 1965, Pub. L. 89–97, title I, §109(b), 79 Stat. 340, which established an initial Advisory Council on Social Security Financing to review the status of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund in relation to long term commitments to old-age, survivors, and disability insurance programs, appointed personnel and provided for their compensation, required a report of the findings and recommendations of the Council to be submitted to the Secretary of the Board of Trustees of the abovementioned Trust Funds not later than Jan. 1, 1959, at which time the Council terminated, provided for subsequent Advisory Councils to be appointed in 1963, 1966, and every fifth year thereafter and to submit reports to Congress, and required additional information be included in these reports, was omitted in view of the termination of the initial Advisory Council on submission of their report not later than Jan. 1, 1959, the repeal of subsec. (e) by Pub. L. 89–97, title I, §109(b), July 30, 1965, 79 Stat. 340, which provided for the subsequent Advisory Councils, and the obsolescence of subsec. (f), which provided for additional information in reports to Congress, upon the repeal of subsec. (e).
§402. Old-age and survivors insurance benefit payments
(a) Old-age insurance benefits
Every individual who—
(1) is a fully insured individual (as defined in section 414(a) of this title),
(2) has attained age 62, and
(3) has filed application for old-age insurance benefits or was entitled to disability insurance benefits for the month preceding the month in which he attained retirement age (as defined in section 416(l) of this title),
shall be entitled to an old-age insurance benefit for each month, beginning with—
(A) in the case of an individual who has attained retirement age (as defined in section 416(l) of this title), the first month in which such individual meets the criteria specified in paragraphs (1), (2), and (3), or
(B) in the case of an individual who has attained age 62, but has not attained retirement age (as defined in section 416(l) of this title), the first month throughout which such individual meets the criteria specified in paragraphs (1) and (2) (if in that month he meets the criterion specified in paragraph (3)),
and ending with the month preceding the month in which he dies. Except as provided in subsection (q) and subsection (w), such individual's old-age insurance benefit for any month shall be equal to his primary insurance amount (as defined in section 415(a) of this title) for such month.
(b) Wife's insurance benefits
(1) The wife (as defined in section 416(b) of this title) and every divorced wife (as defined in section 416(d) of this title) of an individual entitled to old-age or disability insurance benefits, if such wife or such divorced wife—
(A) has filed application for wife's insurance benefits,
(B)(i) has attained age 62, or
(ii) in the case of a wife, has in her care (individually or jointly with such individual) at the time of filing such application a child entitled to a child's insurance benefit on the basis of the wages and self-employment income of such individual,
(C) in the case of a divorced wife, is not married, and
(D) is not entitled to old-age or disability insurance benefits, or is entitled to old-age or disability insurance benefits based on a primary insurance amount which is less than one-half of the primary insurance amount of such individual,
shall (subject to subsection (s)) be entitled to a wife's insurance benefit for each month, beginning with—
(i) in the case of a wife or divorced wife (as so defined) of an individual entitled to old-age benefits, if such wife or divorced wife has attained retirement age (as defined in section 416(l) of this title), the first month in which she meets the criteria specified in subparagraphs (A), (B), (C), and (D), or
(ii) in the case of a wife or divorced wife (as so defined) of—
(I) an individual entitled to old-age insurance benefits, if such wife or divorced wife has not attained retirement age (as defined in section 416(l) of this title), or
(II) an individual entitled to disability insurance benefits,
the first month throughout which she is such a wife or divorced wife and meets the criteria specified in subparagraphs (B), (C), and (D) (if in such month she meets the criterion specified in subparagraph (A)),
whichever is earlier, and ending with the month preceding the month in which any of the following occurs—
(E) she dies,
(F) such individual dies,
(G) in the case of a wife, they are divorced and either (i) she has not attained age 62, or (ii) she has attained age 62 but has not been married to such individual for a period of 10 years immediately before the date the divorce became effective,
(H) in the case of a divorced wife, she marries a person other than such individual,
(I) in the case of a wife who has not attained age 62, no child of such individual is entitled to a child's insurance benefit,
(J) she becomes entitled to an old-age or disability insurance benefit based on a primary insurance amount which is equal to or exceeds one-half of the primary insurance amount of such individual, or
(K) such individual is not entitled to disability insurance benefits and is not entitled to old-age insurance benefits.
(2) Except as provided in subsections (k)(5) and (q), such wife's insurance benefit for each month shall be equal to one-half of the primary insurance amount of her husband (or, in the case of a divorced wife, her former husband) for such month.
(3) In the case of any divorced wife who marries—
(A) an individual entitled to benefits under subsection (c), (f), (g), or (h) of this section, or
(B) an individual who has attained the age of 18 and is entitled to benefits under subsection (d),
such divorced wife's entitlement to benefits under this subsection shall, notwithstanding the provisions of paragraph (1) (but subject to subsection (s)), not be terminated by reason of such marriage.
(4)(A) Notwithstanding the preceding provisions of this subsection, except as provided in subparagraph (B), the divorced wife of an individual who is not entitled to old-age or disability insurance benefits, but who has attained age 62 and is a fully insured individual (as defined in section 414 of this title), if such divorced wife—
(i) meets the requirements of subparagraphs (A) through (D) of paragraph (1), and
(ii) has been divorced from such insured individual for not less than 2 years,
shall be entitled to a wife's insurance benefit under this subsection for each month, in such amount, and beginning and ending with such months, as determined (under regulations of the Commissioner of Social Security) in the manner otherwise provided for wife's insurance benefits under this subsection, as if such insured individual had become entitled to old-age insurance benefits on the date on which the divorced wife first meets the criteria for entitlement set forth in clauses (i) and (ii).
(B) A wife's insurance benefit provided under this paragraph which has not otherwise terminated in accordance with subparagraph (E), (F), (H), or (J) of paragraph (1) shall terminate with the month preceding the first month in which the insured individual is no longer a fully insured individual.
(c) Husband's insurance benefits
(1) The husband (as defined in section 416(f) of this title) and every divorced husband (as defined in section 416(d) of this title) of an individual entitled to old-age or disability insurance benefits, if such husband or such divorced husband—
(A) has filed application for husband's insurance benefits,
(ii) in the case of a husband, has in his care (individually or jointly with such individual) at the time of filing such application a child entitled to a child's insurance benefit on the basis of the wages and self-employment income of such individual,
(C) in the case of a divorced husband, is not married, and
shall (subject to subsection (s)) be entitled to a husband's insurance benefit for each month, beginning with—
(i) in the case of a husband or divorced husband (as so defined) of an individual who is entitled to an old-age insurance benefit, if such husband or divorced husband has attained retirement age (as defined in section 416(l) of this title), the first month in which he meets the criteria specified in subparagraphs (A), (B), (C), and (D), or
(ii) in the case of a husband or divorced husband (as so defined) of—
(I) an individual entitled to old-age insurance benefits, if such husband or divorced husband has not attained retirement age (as defined in section 416(l) of this title), or
the first month throughout which he is such a husband or divorced husband and meets the criteria specified in subparagraphs (B), (C), and (D) (if in such month he meets the criterion specified in subparagraph (A)),
whichever is earlier, and ending with the month preceding the month in which any of the following occurs:
(E) he dies,
(G) in the case of a husband, they are divorced and either (i) he has not attained age 62, or (ii) he has attained age 62 but has not been married to such individual for a period of 10 years immediately before the divorce became effective,
(H) in the case of a divorced husband, he marries a person other than such individual,
(I) in the case of a husband who has not attained age 62, no child of such individual is entitled to a child's insurance benefit,
(J) he becomes entitled to an old-age or disability insurance benefit based on a primary insurance amount which is equal to or exceeds one-half of the primary insurance amount of such individual, or
(2) Except as provided in subsections (k)(5) and (q), such husband's insurance benefit for each month shall be equal to one-half of the primary insurance amount of his wife (or, in the case of a divorced husband, his former wife) for such month.
(3) In the case of any divorced husband who marries—
(A) an individual entitled to benefits under subsection (b), (e), (g), or (h) of this section, or
(B) an individual who has attained the age of 18 and is entitled to benefits under subsection (d), by reason of paragraph (1)(B)(ii) thereof,
such divorced husband's entitlement to benefits under this subsection, notwithstanding the provisions of paragraph (1) (but subject to subsection (s)), shall not be terminated by reason of such marriage.
(4)(A) Notwithstanding the preceding provisions of this subsection, except as provided in subparagraph (B), the divorced husband of an individual who is not entitled to old-age or disability insurance benefits, but who has attained age 62 and is a fully insured individual (as defined in section 414 of this title), if such divorced husband—
shall be entitled to a husband's insurance benefit under this subsection for each month, in such amount, and beginning and ending with such months, as determined (under regulations of the Commissioner of Social Security) in the manner otherwise provided for husband's insurance benefits under this subsection, as if such insured individual had become entitled to old-age insurance benefits on the date on which the divorced husband first meets the criteria for entitlement set forth in clauses (i) and (ii).
(B) A husband's insurance benefit provided under this paragraph which has not otherwise terminated in accordance with subparagraph (E), (F), (H), or (J) of paragraph (1) shall terminate with the month preceding the first month in which the insured individual is no longer a fully insured individual.
(d) Child's insurance benefits
(1) Every child (as defined in section 416(e) of this title) of an individual entitled to old-age or disability insurance benefits, or of an individual who dies a fully or currently insured individual, if such child—
(A) has filed application for child's insurance benefits,
(B) at the time such application was filed was unmarried and (i) either had not attained the age of 18 or was a full-time elementary or secondary school student and had not attained the age of 19, or (ii) is under a disability (as defined in section 423(d) of this title) which began before he attained the age of 22, and
(C) was dependent upon such individual—
(i) if such individual is living, at the time such application was filed,
(ii) if such individual has died, at the time of such death, or
(iii) if such individual had a period of disability which continued until he became entitled to old-age or disability insurance benefits, or (if he has died) until the month of his death, at the beginning of such period of disability or at the time he became entitled to such benefits,
shall be entitled to a child's insurance benefit for each month, beginning with—
(i) in the case of a child (as so defined) of such an individual who has died, the first month in which such child meets the criteria specified in subparagraphs (A), (B), and (C), or
(ii) in the case of a child (as so defined) of an individual entitled to an old-age insurance benefit or to a disability insurance benefit, the first month throughout which such child is a child (as so defined) and meets the criteria specified in subparagraphs (B) and (C) (if in such month he meets the criterion specified in subparagraph (A)),
whichever is earlier, and ending with the month preceding whichever of the following first occurs—
(D) the month in which such child dies, or marries,
(E) the month in which such child attains the age of 18, but only if he (i) is not under a disability (as so defined) at the time he attains such age, and (ii) is not a full-time elementary or secondary school student during any part of such month,
(F) if such child was not under a disability (as so defined) at the time he attained the age of 18, the earlier of—
(i) the first month during no part of which he is a full-time elementary or secondary school student, or
(ii) the month in which he attains the age of 19,
but only if he was not under a disability (as so defined) in such earlier month;
(G) if such child was under a disability (as so defined) at the time he attained the age of 18 or if he was not under a disability (as so defined) at such time but was under a disability (as so defined) at or prior to the time he attained (or would attain) the age of 22—
(i) the termination month, subject to section 423(e) of this title (and for purposes of this subparagraph, the termination month for any individual shall be the third month following the month in which his disability ceases; except that, in the case of an individual who has a period of trial work which ends as determined by application of section 422(c)(4)(A) of this title, the termination month shall be the earlier of (I) the third month following the earliest month after the end of such period of trial work with respect to which such individual is determined to no longer be suffering from a disabling physical or mental impairment, or (II) the third month following the earliest month in which such individual engages or is determined able to engage in substantial gainful activity, but in no event earlier than the first month occurring after the 36 months following such period of trial work in which he engages or is determined able to engage in substantial gainful activity),
or (if later) the earlier of—
(ii) the first month during no part of which he is a full-time elementary or secondary school student, or
(iii) the month in which he attains the age of 19,
but only if he was not under a disability (as so defined) in such earlier month; or
(H) if the benefits under this subsection are based on the wages and self-employment income of a stepparent who is subsequently divorced from such child's natural parent, the month after the month in which such divorce becomes final.
Entitlement of any child to benefits under this subsection on the basis of the wages and self-employment income of an individual entitled to disability insurance benefits shall also end with the month before the first month for which such individual is not entitled to such benefits unless such individual is, for such later month, entitled to old-age insurance benefits or unless he dies in such month. No payment under this paragraph may be made to a child who would not meet the definition of disability in section 423(d) of this title except for paragraph (1)(B) thereof for any month in which he engages in substantial gainful activity.
(2) Such child's insurance benefit for each month shall, if the individual on the basis of whose wages and self-employment income the child is entitled to such benefit has not died prior to the end of such month, be equal to one-half of the primary insurance amount of such individual for such month. Such child's insurance benefit for each month shall, if such individual has died in or prior to such month, be equal to three-fourths of the primary insurance amount of such individual.
(3) A child shall be deemed dependent upon his father or adopting father or his mother or adopting mother at the time specified in paragraph (1)(C) of this subsection unless, at such time, such individual was not living with or contributing to the support of such child and—
(A) such child is neither the legitimate nor adopted child of such individual, or
(B) such child has been adopted by some other individual.
For purposes of this paragraph, a child deemed to be a child of a fully or currently insured individual pursuant to section 416(h)(2)(B) or section 416(h)(3) of this title shall be deemed to be the legitimate child of such individual.
(4) A child shall be deemed dependent upon his stepfather or stepmother at the time specified in paragraph (1)(C) of this subsection if, at such time, the child was receiving at least one-half of his support from such stepfather or stepmother.
(5) In the case of a child who has attained the age of eighteen and who marries—
(A) an individual entitled to benefits under subsection (a), (b), (c), (e), (f), (g), or (h) of this section or under section 423(a) of this title, or
(B) another individual who has attained the age of eighteen and is entitled to benefits under this subsection,
such child's entitlement to benefits under this subsection shall, notwithstanding the provisions of paragraph (1) but subject to subsection (s), not be terminated by reason of such marriage.
(6) A child whose entitlement to child's insurance benefits on the basis of the wages and self-employment income of an insured individual terminated with the month preceding the month in which such child attained the age of 18, or with a subsequent month, may again become entitled to such benefits (provided no event specified in paragraph (1)(D) has occurred) beginning with the first month thereafter in which he—
(A)(i) is a full-time elementary or secondary school student and has not attained the age of 19, or (ii) is under a disability (as defined in section 423(d) of this title) and has not attained the age of 22, or
(B) is under a disability (as so defined) which began (i) before the close of the 84th month following the month in which his most recent entitlement to child's insurance benefits terminated because he ceased to be under such disability, or (ii) after the close of the 84th month following the month in which his most recent entitlement to child's insurance benefits terminated because he ceased to be under such disability due to performance of substantial gainful activity,
but only if he has filed application for such reentitlement. Such reentitlement shall end with the month preceding whichever of the following first occurs:
(C) the first month in which an event specified in paragraph (1)(D) occurs;
(D) the earlier of (i) the first month during no part of which he is a full-time elementary or secondary school student or (ii) the month in which he attains the age of 19, but only if he is not under a disability (as so defined) in such earlier month; or
(E) if he was under a disability (as so defined), the termination month (as defined in paragraph (1)(G)(i)), subject to section 423(e) of this title, or (if later) the earlier of—
(ii) the month in which he attains the age of 19.
(7) For the purposes of this subsection—
(A) A "full-time elementary or secondary school student" is an individual who is in full-time attendance as a student at an elementary or secondary school, as determined by the Commissioner of Social Security (in accordance with regulations prescribed by the Commissioner) in the light of the standards and practices of the schools involved, except that no individual shall be considered a "full-time elementary or secondary school student" if he is paid by his employer while attending an elementary or secondary school at the request, or pursuant to a requirement, of his employer. An individual shall not be considered a "full-time elementary or secondary school student" for the purpose of this section while that individual is confined in a jail, prison, or other penal institution or correctional facility, pursuant to his conviction of an offense (committed after the effective date of this sentence 1 ) which constituted a felony under applicable law. An individual who is determined to be a full-time elementary or secondary school student shall be deemed to be such a student throughout the month with respect to which such determination is made.
(B) Except to the extent provided in such regulations, an individual shall be deemed to be a full-time elementary or secondary school student during any period of nonattendance at an elementary or secondary school at which he has been in full-time attendance if (i) such period is 4 calendar months or less, and (ii) he shows to the satisfaction of the Commissioner of Social Security that he intends to continue to be in full-time attendance at an elementary or secondary school immediately following such period. An individual who does not meet the requirement of clause (ii) with respect to such period of nonattendance shall be deemed to have met such requirement (as of the beginning of such period) if he is in full-time attendance at an elementary or secondary school immediately following such period.
(C)(i) An "elementary or secondary school" is a school which provides elementary or secondary education, respectively, as determined under the law of the State or other jurisdiction in which it is located.
(ii) For the purpose of determining whether a child is a "full-time elementary or secondary school student" or "intends to continue to be in full-time attendance at an elementary or secondary school", within the meaning of this subsection, there shall be disregarded any education provided, or to be provided, beyond grade 12.
(D) A child who attains age 19 at a time when he is a full-time elementary or secondary school student (as defined in subparagraph (A) of this paragraph and without application of subparagraph (B) of such paragraph) but has not (at such time) completed the requirements for, or received, a diploma or equivalent certificate from a secondary school (as defined in subparagraph (C)(i)) shall be deemed (for purposes of determining whether his entitlement to benefits under this subsection has terminated under paragraph (1)(F) and for purposes of determining his initial entitlement to such benefits under clause (i) of paragraph (1)(B)) not to have attained such age until the first day of the first month following the end of the quarter or semester in which he is enrolled at such time (or, if the elementary or secondary school (as defined in this paragraph) in which he is enrolled is not operated on a quarter or semester system, until the first day of the first month following the completion of the course in which he is so enrolled or until the first day of the third month beginning after such time, whichever first occurs).
(8) In the case of—
(A) an individual entitled to old-age insurance benefits (other than an individual referred to in subparagraph (B)), or
(B) an individual entitled to disability insurance benefits, or an individual entitled to old-age insurance benefits who was entitled to disability insurance benefits for the month preceding the first month for which he was entitled to old-age insurance benefits,
a child of such individual adopted after such individual became entitled to such old-age or disability insurance benefits shall be deemed not to meet the requirements of clause (i) or (iii) of paragraph (1)(C) unless such child—
(C) is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual), or
(D)(i) was legally adopted by such individual in an adoption decreed by a court of competent jurisdiction within the United States, and
(ii) in the case of a child who attained the age of 18 prior to the commencement of proceedings for adoption, the child was living with or receiving at least one-half of the child's support from such individual for the year immediately preceding the month in which the adoption is decreed.
(9)(A) A child who is a child of an individual under clause (3) of the first sentence of section 416(e) of this title and is not a child of such individual under clause (1) or (2) of such first sentence shall be deemed not to be dependent on such individual at the time specified in subparagraph (1)(C) of this subsection unless (i) such child was living with such individual in the United States and receiving at least one-half of his support from such individual (I) for the year immediately before the month in which such individual became entitled to old-age insurance benefits or disability insurance benefits or died, or (II) if such individual had a period of disability which continued until he had become entitled to old-age insurance benefits, or disability insurance benefits, or died, for the year immediately before the month in which such period of disability began, and (ii) the period during which such child was living with such individual began before the child attained age 18.
(B) In the case of a child who was born in the one-year period during which such child must have been living with and receiving at least one-half of his support from such individual, such child shall be deemed to meet such requirements for such period if, as of the close of such period, such child has lived with such individual in the United States and received at least one-half of his support from such individual for substantially all of the period which begins on the date of such child's birth.
(10) For purposes of paragraph (1)(H)—
(A) each stepparent shall notify the Commissioner of Social Security of any divorce upon such divorce becoming final; and
(B) the Commissioner shall annually notify any stepparent of the rule for termination described in paragraph (1)(H) and of the requirement described in subparagraph (A).
(e) Widow's insurance benefits
(1) The widow (as defined in section 416(c) of this title) and every surviving divorced wife (as defined in section 416(d) of this title) of an individual who died a fully insured individual, if such widow or such surviving divorced wife—
(A) is not married,
(B)(i) has attained age 60, or (ii) has attained age 50 but has not attained age 60 and is under a disability (as defined in section 423(d) of this title) which began before the end of the period specified in paragraph (4),
(C)(i) has filed application for widow's insurance benefits,
(ii) was entitled to wife's insurance benefits, on the basis of the wages and self-employment income of such individual, for the month preceding the month in which such individual died, and—
(I) has attained retirement age (as defined in section 416(l) of this title),
(II) is not entitled to benefits under subsection (a) or section 423 of this title, or
(III) has in effect a certificate (described in paragraph (8)) filed by her with the Commissioner of Social Security, in accordance with regulations prescribed by the Commissioner of Social Security, in which she elects to receive widow's insurance benefits (subject to reduction as provided in subsection (q)), or
(iii) was entitled, on the basis of such wages and self-employment income, to mother's insurance benefits for the month preceding the month in which she attained retirement age (as defined in section 416(l) of this title), and
(D) is not entitled to old-age insurance benefits or is entitled to old-age insurance benefits each of which is less than the primary insurance amount (as determined after application of subparagraphs (B) and (C) of paragraph (2)) of such deceased individual,
shall be entitled to a widow's insurance benefit for each month, beginning with—
(E) if she satisfies subparagraph (B) by reason of clause (i) thereof, the first month in which she becomes so entitled to such insurance benefits, or
(F) if she satisfies subparagraph (B) by reason of clause (ii) thereof—
(i) the first month after her waiting period (as defined in paragraph (5)) in which she becomes so entitled to such insurance benefits, or
(ii) the first month during all of which she is under a disability and in which she becomes so entitled to such insurance benefits, but only if she was previously entitled to insurance benefits under this subsection on the basis of being under a disability and such first month occurs (I) in the period specified in paragraph (4) and (II) after the month in which a previous entitlement to such benefits on such basis terminated,
and ending with the month preceding the first month in which any of the following occurs: she remarries, dies, becomes entitled to an old-age insurance benefit equal to or exceeding the primary insurance amount (as determined after application of subparagraphs (B) and (C) of paragraph (2)) of such deceased individual, or, if she became entitled to such benefits before she attained age 60, subject to section 423(e) of this title, the termination month (unless she attains retirement age (as defined in section 416(l) of this title) on or before the last day of such termination month). For purposes of the preceding sentence, the termination month for any individual shall be the third month following the month in which her disability ceases; except that, in the case of an individual who has a period of trial work which ends as determined by application of section 422(c)(4)(A) of this title, the termination month shall be the earlier of (I) the third month following the earliest month after the end of such period of trial work with respect to which such individual is determined to no longer be suffering from a disabling physical or mental impairment, or (II) the third month following the earliest month in which such individual engages or is determined able to engage in substantial gainful activity, but in no event earlier than the first month occurring after the 36 months following such period of trial work in which she engages or is determined able to engage in substantial gainful activity.
(2)(A) Except as provided in subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph, such widow's insurance benefit for each month shall be equal to the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual.
(B)(i) For purposes of this subsection, in any case in which such deceased individual dies before attaining age 62 and section 415(a)(1) of this title (as in effect after December 1978) is applicable in determining such individual's primary insurance amount—
(I) such primary insurance amount shall be determined under the formula set forth in section 415(a)(1)(B)(i) and (ii) of this title which is applicable to individuals who initially become eligible for old-age insurance benefits in the second year after the year specified in clause (ii),
(II) the year specified in clause (ii) shall be substituted for the second calendar year specified in section 415(b)(3)(A)(ii)(I) of this title, and
(III) such primary insurance amount shall be increased under section 415(i) of this title as if it were the primary insurance amount referred to in section 415(i)(2)(A)(ii)(II) of this title, except that it shall be increased only for years beginning after the first year after the year specified in clause (ii).
(ii) The year specified in this clause is the earlier of—
(I) the year in which the deceased individual attained age 60, or would have attained age 60 had he lived to that age, or
(II) the second year preceding the year in which the widow or surviving divorced wife first meets the requirements of paragraph (1)(B) or the second year preceding the year in which the deceased individual died, whichever is later.
(iii) This subparagraph shall apply with respect to any benefit under this subsection only to the extent its application does not result in a primary insurance amount for purposes of this subsection which is less than the primary insurance amount otherwise determined for such deceased individual under section 415 of this title.
(C) If such deceased individual was (or upon application would have been) entitled to an old-age insurance benefit which was increased (or subject to being increased) on account of delayed retirement under the provisions of subsection (w), then, for purposes of this subsection, such individual's primary insurance amount, if less than the old-age insurance benefit (increased, where applicable, under section 415(f)(5), 415(f)(6), or 415(f)(9)(B) of this title and under section 415(i) of this title as if such individual were still alive in the case of an individual who has died) which he was receiving (or would upon application have received) for the month prior to the month in which he died, shall be deemed to be equal to such old-age insurance benefit, and (notwithstanding the provisions of paragraph (3) of such subsection (w)) the number of increment months shall include any month in the months of the calendar year in which he died, prior to the month in which he died, which satisfy the conditions in paragraph (2) of such subsection (w).
(D) If the deceased individual (on the basis of whose wages and self-employment income a widow or surviving divorced wife is entitled to widow's insurance benefits under this subsection) was, at any time, entitled to an old-age insurance benefit which was reduced by reason of the application of subsection (q), the widow's insurance benefit of such widow or surviving divorced wife for any month shall, if the amount of the widow's insurance benefit of such widow or surviving divorced wife (as determined under subparagraph (A) and after application of subsection (q)) is greater than—
(i) the amount of the old-age insurance benefit to which such deceased individual would have been entitled (after application of subsection (q)) for such month if such individual were still living and section 415(f)(5), 415(f)(6), or 415(f)(9)(B) of this title were applied, where applicable, and
(ii) 82½ percent of the primary insurance amount (as determined without regard to subparagraph (C)) of such deceased individual,
be reduced to the amount referred to in clause (i), or (if greater) the amount referred to in clause (ii).
(3) For purposes of paragraph (1), if—
(A) a widow or surviving divorced wife marries after attaining age 60 (or after attaining age 50 if she was entitled before such marriage occurred to benefits based on disability under this subsection), or
(B) a disabled widow or disabled surviving divorced wife described in paragraph (1)(B)(ii) marries after attaining age 50,
such marriage shall be deemed not to have occurred.
(4) The period referred to in paragraph (1)(B)(ii), in the case of any widow or surviving divorced wife, is the period beginning with whichever of the following is the latest:
(A) the month in which occurred the death of the fully insured individual referred to in paragraph (1) on whose wages and self-employment income her benefits are or would be based, or
(B) the last month for which she was entitled to mother's insurance benefits on the basis of the wages and self-employment income of such individual, or
(C) the month in which a previous entitlement to widow's insurance benefits on the basis of such wages and self-employment income terminated because her disability had ceased,
and ending with the month before the month in which she attains age 60, or, if earlier, with the close of the eighty-fourth month following the month with which such period began.
(5)(A) The waiting period referred to in paragraph (1)(F), in the case of any widow or surviving divorced wife, is the earliest period of five consecutive calendar months—
(i) throughout which she has been under a disability, and
(ii) which begins not earlier than with whichever of the following is the later: (I) the first day of the seventeenth month before the month in which her application is filed, or (II) the first day of the fifth month before the month in which the period specified in paragraph (4) begins.
(B) For purposes of paragraph (1)(F)(i), each month in the period commencing with the first month for which such widow or surviving divorced wife is first eligible for supplemental security income benefits under subchapter XVI, or State supplementary payments of the type referred to in section 1382e(a) of this title (or payments of the type described in section 212(a) of Public Law 93–66) which are paid by the Commissioner of Social Security under an agreement referred to in section 1382e(a) of this title (or in section 212(b) of Public Law 93–66), shall be included as one of the months of such waiting period for which the requirements of subparagraph (A) have been met.
(6) In the case of an individual entitled to monthly insurance benefits payable under this section for any month prior to January 1973 whose benefits were not redetermined under section 102(g) of the Social Security Amendments of 1972, such benefits shall not be redetermined pursuant to such section, but shall be increased pursuant to any general benefit increase (as defined in section 415(i)(3) of this title) or any increase in benefits made under or pursuant to section 415(i) of this title, including for this purpose the increase provided effective for March 1974, as though such redetermination had been made.
(7) Any certificate filed pursuant to paragraph (1)(C)(ii)(III) shall be effective for purposes of this subsection—
(A) for the month in which it is filed and for any month thereafter, and
(B) for months, in the period designated by the individual filing such certificate, of one or more consecutive months (not exceeding 12) immediately preceding the month in which such certificate is filed;
except that such certificate shall not be effective for any month before the month in which she attains age 62.
(8) An individual shall be deemed to be under a disability for purposes of paragraph (1)(B)(ii) if such individual is eligible for supplemental security income benefits under subchapter XVI, or State supplementary payments of the type referred to in section 1382e(a) of this title (or payments of the type described in section 212(a) of Public Law 93–66) which are paid by the Commissioner of Social Security under an agreement referred to in section 1382e(a) of this title (or in section 212(b) of Public Law 93–66), for the month for which all requirements of paragraph (1) for entitlement to benefits under this subsection (other than being under a disability) are met.
(f) Widower's insurance benefits
(1) The widower (as defined in section 416(g) of this title) and every surviving divorced husband (as defined in section 416(d) of this title) of an individual who died a fully insured individual, if such widower or such surviving divorced husband—
(B)(i) has attained age 60, or (ii) has attained age 50 but has not attained age 60 and is under a disability (as defined in section 423(d) of the title) which began before the end of the period specified in paragraph (4),
(C)(i) has filed application for widower's insurance benefits,
(ii) was entitled to husband's insurance benefits, on the basis of the wages and self-employment income of such individual, for the month preceding the month in which such individual died, and—
(III) has in effect a certificate (described in paragraph (8)) filed by him with the Commissioner of Social Security, in accordance with regulations prescribed by the Commissioner of Social Security, in which he elects to receive widower's insurance benefits (subject to reduction as provided in subsection (q)), or
(iii) was entitled, on the basis of such wages and self-employment income, to father's insurance benefits for the month preceding the month in which he attained retirement age (as defined in section 416(l) of this title), and
(D) is not entitled to old-age insurance benefits, or is entitled to old-age insurance benefits each of which is less than the primary insurance amount (as determined after application of subparagraphs (B) and (C) of paragraph (3)) of such deceased individual,
shall be entitled to a widower's insurance benefit for each month, beginning with—
(E) if he satisfies subparagraph (B) by reason of clause (i) thereof, the first month in which he becomes so entitled to such insurance benefits, or
(F) if he satisfies subparagraph (B) by reason of clause (ii) thereof—
(i) the first month after his waiting period (as defined in paragraph (5)) in which he becomes so entitled to such insurance benefits, or
(ii) the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits, but only if he was previously entitled to insurance benefits under this subsection on the basis of being under a disability and such first month occurs (I) in the period specified in paragraph (4) and (II) after the month in which a previous entitlement to such benefits on such basis terminated,
and ending with the month preceding the first month in which any of the following occurs: he remarries, dies, or becomes entitled to an old-age insurance benefit equal to or exceeding the primary insurance amount (as determined after application of subparagraphs (B) and (C) of paragraph (3)) 1 of such deceased individual, or, if he became entitled to such benefits before he attained age 60, subject to section 423(e) of this title, the termination month (unless he attains retirement age (as defined in section 416(l) of this title) on or before the last day of such termination month). For purposes of the preceding sentence, the termination month for any individual shall be the third month following the month in which his disability ceases; except that, in the case of an individual who has a period of trial work which ends as determined by application of section 422(c)(4)(A) of this title, the termination month shall be the earlier of (I) the third month following the earliest month after the end of such period of trial work with respect to which such individual is determined to no longer be suffering from a disabling physical or mental impairment, or (II) the third month following the earliest month in which such individual engages or is determined able to engage in substantial gainful activity, but in no event earlier than the first month occurring after the 36 months following such period of trial work in which he engages or is determined able to engage in substantial gainful activity.
(2)(A) Except as provided in subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph, such widower's insurance benefit for each month shall be equal to the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual.
(I) the year in which the deceased individual attained age 60, or would have attained age 60 had she lived to that age, or
(II) the second year preceding the year in which the widower or surviving divorced husband first meets the requirements of paragraph (1)(B) or the second year preceding the year in which the deceased individual died, whichever is later.
(C) If such deceased individual was (or upon application would have been) entitled to an old-age insurance benefit which was increased (or subject to being increased) on account of delayed retirement under the provisions of subsection (w), then, for purposes of this subsection, such individual's primary insurance amount, if less than the old-age insurance benefit (increased, where applicable, under section 415(f)(5), 415(f)(6), or 415(f)(9)(B) of this title and under section 415(i) of this title as if such individual were still alive in the case of an individual who has died) which she was receiving (or would upon application have received) for the month prior to the month in which she died, shall be deemed to be equal to such old-age insurance benefit, and (notwithstanding the provisions of paragraph (3) of such subsection (w)) the number of increment months shall include any month in the months of the calendar year in which she died, prior to the month in which she died, which satisfy the conditions in paragraph (2) of such subsection (w).
(D) If the deceased individual (on the basis of whose wages and self-employment income a widower or surviving divorced husband is entitled to widower's insurance benefits under this subsection) was, at any time, entitled to an old-age insurance benefit which was reduced by reason of the application of subsection (q), the widower's insurance benefit of such widower or surviving divorced husband for any month shall, if the amount of the widower's insurance benefit of such widower or surviving divorced husband (as determined under subparagraph (A) and after application of subsection (q)) is greater than—
(ii) 82½ percent of the primary insurance amount (as determined without regard to subparagraph (C)) of such deceased individual;
(A) a widower or surviving divorced husband marries after attaining age 60 (or after attaining age 50 if he was entitled before such marriage occurred to benefits based on disability under this subsection), or
(B) a disabled widower or surviving divorced husband described in paragraph (1)(B)(ii) marries after attaining age 50,
(4) The period referred to in paragraph (1)(B)(ii), in the case of any widower or surviving divorced husband, is the period beginning with whichever of the following is the latest:
(A) the month in which occurred the death of the fully insured individual referred to in paragraph (1) on whose wages and self-employment income his benefits are or would be based,
(B) the last month for which he was entitled to father's insurance benefits on the basis of the wages and self-employment income of such individual, or
(C) the month in which a previous entitlement to widower's insurance benefits on the basis of such wages and self-employment income terminated because his disability had ceased,
and ending with the month before the month in which he attains age 60, or, if earlier, with the close of the eighty-fourth month following the month with which such period began.
(5)(A) The waiting period referred to in paragraph (1)(F), in the case of any widower or surviving divorced husband, is the earliest period of five consecutive calendar months—
(i) throughout which he has been under a disability, and
(ii) which begins not earlier than with whichever of the following is the later: (I) the first day of the seventeenth month before the month in which his application is filed, or (II) the first day of the fifth month before the month in which the period specified in paragraph (4) begins.
(B) For purposes of paragraph (1)(F)(i), each month in the period commencing with the first month for which such widower or surviving divorced husband is first eligible for supplemental security income benefits under subchapter XVI, or State supplementary payments of the type referred to in section 1382e(a) of this title (or payments of the type described in section 212(a) of Public Law 93–66) which are paid by the Commissioner of Social Security under an agreement referred to in section 1382e(a) of this title (or in section 212(b) of Public Law 93–66), shall be included as one of the months of such waiting period for which the requirements of subparagraph (A) have been met.
except that such certificate shall not be effective for any month before the month in which he attains age 62.
(8) An individual shall be deemed to be under a disability for purposes of paragraph (1)(B)(ii) if such individual is eligible for supplemental security income benefits under subchapter XVI, or State supplementary payments of the type referred to in section 1382e(a) of this title (or payments of the type described in section 212(a) of Public Law 93–66) which are paid by the Commissioner of Social Security under an agreement referred to in such section 1382e(a) of this title (or in section 212(b) of Public Law 93–66), for the month for which all requirements of paragraph (1) for entitlement to benefits under this subsection (other than being under a disability) are met.
(g) Mother's and father's insurance benefits
(1) The surviving spouse and every surviving divorced parent (as defined in section 416(d) of this title) of an individual who died a fully or currently insured individual, if such surviving spouse or surviving divorced parent—
(B) is not entitled to a surviving spouse's insurance benefit,
(C) is not entitled to old-age insurance benefits, or is entitled to old-age insurance benefits each of which is less than three-fourths of the primary insurance amount of such individual,
(D) has filed application for mother's or father's insurance benefits, or was entitled to a spouse's insurance benefit on the basis of the wages and self-employment income of such individual for the month preceding the month in which such individual died,
(E) at the time of filing such application has in his or her care a child of such individual entitled to a child's insurance benefit, and
(F) in the case of a surviving divorced parent—
(i) the child referred to in subparagraph (E) is his or her son, daughter, or legally adopted child, and
(ii) the benefits referred to in such subparagraph are payable on the basis of such individual's wages and self-employment income,
shall (subject to subsection (s)) be entitled to a mother's or father's insurance benefit for each month, beginning with the first month in which he or she becomes so entitled to such insurance benefits and ending with the month preceding the first month in which any of the following occurs: no child of such deceased individual is entitled to a child's insurance benefit, such surviving spouse or surviving divorced parent becomes entitled to an old-age insurance benefit equal to or exceeding three-fourths of the primary insurance amount of such deceased individual, he or she becomes entitled to a surviving spouse's insurance benefit, he or she remarries, or he or she dies. Entitlement to such benefits shall also end, in the case of a surviving divorced parent, with the month immediately preceding the first month in which no son, daughter, or legally adopted child of such surviving divorced parent is entitled to a child's insurance benefit on the basis of the wages and self-employment income of such deceased individual.
(2) Such mother's or father's insurance benefit for each month shall be equal to three-fourths of the primary insurance amount of such deceased individual.
(3) In the case of a surviving spouse or surviving divorced parent who marries—
(A) an individual entitled to benefits under this subsection or subsection (a), (b), (c), (e), (f), or (h), or under section 423(a) of this title, or
(B) an individual who has attained the age of eighteen and is entitled to benefits under subsection (d),
the entitlement of such surviving spouse or surviving divorced parent to benefits under this subsection shall, notwithstanding the provisions of paragraph (1) of this subsection but subject to subsection (s), not be terminated by reason of such marriage.
(h) Parent's insurance benefits
(1) Every parent (as defined in this subsection) of an individual who died a fully insured individual, if such parent—
(A) has attained age 62,
(B)(i) was receiving at least one-half of his support from such individual at the time of such individual's death or, if such individual had a period of disability which did not end prior to the month in which he died, at the time such period began or at the time of such death, and (ii) filed proof of such support within two years after the date of such death, or, if such individual had such a period of disability, within two years after the month in which such individual filed application with respect to such period of disability or two years after the date of such death, as the case may be,
(C) has not married since such individual's death,
(D) is not entitled to old-age insurance benefits, or is entitled to old-age insurance benefits each of which is less than 82½ percent of the primary insurance amount of such deceased individual if the amount of the parent's insurance benefit for such month is determinable under paragraph (2)(A) (or 75 percent of such primary insurance amount in any other case), and
(E) has filed application for parent's insurance benefits,
shall be entitled to a parent's insurance benefit for each month beginning with the first month after August 1950 in which such parent becomes so entitled to such parent's insurance benefits and ending with the month preceding the first month in which any of the following occurs: such parent dies, marries, or becomes entitled to an old-age insurance benefit equal to or exceeding 82½ percent of the primary insurance amount of such deceased individual if the amount of the parent's insurance benefit for such month is determinable under paragraph (2)(A) (or 75 percent of such primary insurance amount in any other case).
(2)(A) Except as provided in subparagraphs (B) and (C), such parent's insurance benefit for each month shall be equal to 82½ percent of the primary insurance amount of such deceased individual.
(B) For any month for which more than one parent is entitled to parent's insurance benefits on the basis of such deceased individual's wages and self-employment income, such benefit for each such parent for such month shall (except as provided in subparagraph (C)) be equal to 75 percent of the primary insurance amount of such deceased individual.
(C) In any case in which—
(i) any parent is entitled to a parent's insurance benefit for a month on the basis of a deceased individual's wages and self-employment income, and
(ii) another parent of such deceased individual is entitled to a parent's insurance benefit for such month on the basis of such wages and self-employment income, and on the basis of an application filed after such month and after the month in which the application for the parent's benefits referred to in clause (i) was filed,
the amount of the parent's insurance benefit of the parent referred to in clause (i) for the month referred to in such clause shall be determined under subparagraph (A) instead of subparagraph (B) and the amount of the parent's insurance benefit of a parent referred to in clause (ii) for such month shall be equal to 150 percent of the primary insurance amount of the deceased individual minus the amount (before the application of section 403(a) of this title) of the benefit for such month of the parent referred to in clause (i).
(3) As used in this subsection, the term "parent" means the mother or father of an individual, a stepparent of an individual by a marriage contracted before such individual attained the age of sixteen, or an adopting parent by whom an individual was adopted before he attained the age of sixteen.
(4) In the case of a parent who marries—
(A) an individual entitled to benefits under this subsection or subsection (b), (c), (e), (f), or (g), or
such parent's entitlement to benefits under this subsection shall, notwithstanding the provisions of paragraph (1) of this subsection but subject to subsection (s), not be terminated by reason of such marriage.
(i) Lump-sum death payments
Upon the death, after August 1950, of an individual who died a fully or currently insured individual, an amount equal to three times such individual's primary insurance amount (as determined without regard to the amendments made by section 2201 of the Omnibus Budget Reconciliation Act of 1981, relating to the repeal of the minimum benefit provisions), or an amount equal to $255, whichever is the smaller, shall be paid in a lump sum to the person, if any, determined by the Commissioner of Social Security to be the widow or widower of the deceased and to have been living in the same household with the deceased at the time of death. If there is no such person, or if such person dies before receiving payment, then such amount shall be paid—
(1) to a widow (as defined in section 416(c) of this title) or widower (as defined in section 416(g) of this title) who is entitled (or would have been so entitled had a timely application been filed), on the basis of the wages and self-employment income of such insured individual, to benefits under subsection (e), (f), or (g) of this section for the month in which occurred such individual's death; or
(2) if no person qualifies for payment under paragraph (1), or if such person dies before receiving payment, in equal shares to each person who is entitled (or would have been so entitled had a timely application been filed), on the basis of the wages and self-employment income of such insured individual, to benefits under subsection (d) of this section for the month in which occurred such individual's death.
No payment shall be made to any person under this subsection unless application therefor shall have been filed, by or on behalf of such person (whether or not legally competent), prior to the expiration of two years after the date of death of such insured individual, or unless such person was entitled to wife's or husband's insurance benefits, on the basis of the wages and self-employment income of such insured individual, for the month preceding the month in which such individual died. In the case of any individual who died outside the forty-eight States and the District of Columbia after December 1953 and before January 1, 1957, whose death occurred while he was in the active military or naval service of the United States, and who is returned to any of such States, the District of Columbia, Alaska, Hawaii, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, or American Samoa for interment or reinterment, the provisions of the preceding sentence shall not prevent payment to any person under the second sentence of this subsection if application for a lump-sum death payment with respect to such deceased individual is filed by or on behalf of such person (whether or not legally competent) prior to the expiration of two years after the date of such interment or reinterment. In the case of any individual who died outside the fifty States and the District of Columbia after December 1956 while he was performing service, as a member of a uniformed service, to which the provisions of section 410(l)(1) of this title are applicable, and who is returned to any State, or to any Territory or possession of the United States, for interment or reinterment, the provisions of the third sentence of this subsection shall not prevent payment to any person under the second sentence of this subsection if application for a lump-sum death payment with respect to such deceased individual is filed by or on behalf of such person (whether or not legally competent) prior to the expiration of two years after the date of such interment or reinterment.
(j) Application for monthly insurance benefits
(1) Subject to the limitations contained in paragraph (4), an individual who would have been entitled to a benefit under subsection (a), (b), (c), (d), (e), (f), (g), or (h) for any month after August 1950 had he filed application therefor prior to the end of such month shall be entitled to such benefit for such month if he files application therefor prior to—
(A) the end of the twelfth month immediately succeeding such month in any case where the individual (i) is filing application for a benefit under subsection (e) or (f), and satisfies paragraph (1)(B) of such subsection by reason of clause (ii) thereof, or (ii) is filing application for a benefit under subsection (b), (c), or (d) on the basis of the wages and self-employment income of a person entitled to disability insurance benefits, or
(B) the end of the sixth month immediately succeeding such month in any case where subparagraph (A) does not apply.
Any benefit under this subchapter for a month prior to the month in which application is filed shall be reduced, to any extent that may be necessary, so that it will not render erroneous any benefit which, before the filing of such application, the Commissioner of Social Security has certified for payment for such prior month.
(2) An application for any monthly benefits under this section filed before the first month in which the applicant satisfies the requirements for such benefits shall be deemed a valid application (and shall be deemed to have been filed in such first month) only if the applicant satisfies the requirements for such benefits before the Commissioner of Social Security makes a final decision on the application and no request under section 405(b) of this title for notice and opportunity for a hearing thereon is made or, if such a request is made, before a decision based upon the evidence adduced at the hearing is made (regardless of whether such decision becomes the final decision of the Commissioner of Social Security).
(3) Notwithstanding the provisions of paragraph (1), an individual may, at his option, waive entitlement to any benefit referred to in paragraph (1) for any one or more consecutive months (beginning with the earliest month for which such individual would otherwise be entitled to such benefit) which occur before the month in which such individual files application for such benefit; and, in such case, such individual shall not be considered as entitled to such benefits for any such month or months before such individual filed such application. An individual shall be deemed to have waived such entitlement for any such month for which such benefit would, under the second sentence of paragraph (1), be reduced to zero.
(4)(A) Except as provided in subparagraph (B), no individual shall be entitled to a monthly benefit under subsection (a), (b), (c), (e), or (f) for any month prior to the month in which he or she files an application for benefits under that subsection if the amount of the monthly benefit to which such individual would otherwise be entitled for any such month would be subject to reduction pursuant to subsection (q).
(B)(i) If the individual applying for retroactive benefits is a widow, surviving divorced wife, or widower and is under a disability (as defined in section 423(d) of this title), and such individual would, except for subparagraph (A), be entitled to retroactive benefits as a disabled widow or widower or disabled surviving divorced wife for any month before attaining the age of 60, then subparagraph (A) shall not apply with respect to such month or any subsequent month.
(ii) Subparagraph (A) does not apply to a benefit under subsection (e) or (f) for the month immediately preceding the month of application, if the insured individual died in that preceding month.
(iii) As used in this subparagraph, the term "retroactive benefits" means benefits to which an individual becomes entitled for a month prior to the month in which application for such benefits is filed.
(5) In any case in which it is determined to the satisfaction of the Commissioner of Social Security that an individual failed as of any date to apply for monthly insurance benefits under this subchapter by reason of misinformation provided to such individual by any officer or employee of the Social Security Administration relating to such individual's eligibility for benefits under this subchapter, such individual shall be deemed to have applied for such benefits on the later of—
(A) the date on which such misinformation was provided to such individual, or
(B) the date on which such individual met all requirements for entitlement to such benefits (other than application therefor).
(k) Simultaneous entitlement to benefits
(1) A child, entitled to child's insurance benefits on the basis of the wages and self-employment income of an insured individual, who would be entitled, on filing application, to child's insurance benefits on the basis of the wages and self-employment income of some other insured individual, shall be deemed entitled, subject to the provisions of paragraph (2) of this subsection, to child's insurance benefits on the basis of the wages and self-employment income of such other individual if an application for child's insurance benefits on the basis of the wages and self-employment income of such other individual has been filed by any other child who would, on filing application, be entitled to child's insurance benefits on the basis of the wages and self-employment income of both such insured individuals.
(2)(A) Any child who under the preceding provisions of this section is entitled for any month to child's insurance benefits on the wages and self-employment income of more than one insured individual shall, notwithstanding such provisions, be entitled to only one of such child's insurance benefits for such month. Such child's insurance benefits for such month shall be the benefit based on the wages and self-employment income of the insured individual who has the greatest primary insurance amount, except that such child's insurance benefits for such month shall be the largest benefit to which such child could be entitled under subsection (d) (without the application of section 403(a) of this title) or subsection (m) if entitlement to such benefit would not, with respect to any person, result in a benefit lower (after the application of section 403(a) of this title) than the benefit which would be applicable if such child were entitled on the wages and self-employment income of the individual with the greatest primary insurance amount. Where more than one child is entitled to child's insurance benefits pursuant to the preceding provisions of this paragraph, each such child who is entitled on the wages and self-employment income of the same insured individuals shall be entitled on the wages and self-employment income of the same such insured individual.
(B) Any individual (other than an individual to whom subsection (e)(3) or (f)(3) applies) who, under the preceding provisions of this section and under the provisions of section 423 of this title, is entitled for any month to more than one monthly insurance benefit (other than an old-age or disability insurance benefit) under this subchapter shall be entitled to only one such monthly benefit for such month, such benefit to be the largest of the monthly benefits to which he (but for this subparagraph) would otherwise be entitled for such month. Any individual who is entitled for any month to more than one widow's or widower's insurance benefit to which subsection (e)(3) or (f)(3) applies shall be entitled to only one such benefit for such month, such benefit to be the largest of such benefits.
(3)(A) If an individual is entitled to an old-age or disability insurance benefit for any month and to any other monthly insurance benefit for such month, such other insurance benefit for such month, after any reduction under subsection (q), subsection (e)(2) or (f)(2), and any reduction under section 403(a) of this title, shall be reduced, but not below zero, by an amount equal to such old-age or disability insurance benefit (after reduction under such subsection (q)).
(B) If an individual is entitled for any month to a widow's or widower's insurance benefit to which subsection (e)(3) or (f)(3) applies and to any other monthly insurance benefit under this section (other than an old-age insurance benefit), such other insurance benefit for such month, after any reduction under subparagraph (A) of this paragraph, any reduction under subsection (q), and any reduction under section 403(a) of this title, shall be reduced, but not below zero, by an amount equal to such widow's or widower's insurance benefit after any reduction or reductions under such subparagraph (A) and such section 403(a).
(4) Any individual who, under this section and section 423 of this title, is entitled for any month to both an old-age insurance benefit and a disability insurance benefit under this subchapter shall be entitled to only the larger of such benefits for such month, except that, if such individual so elects, he shall instead be entitled to only the smaller of such benefits for such month.
(5)(A) The amount of a monthly insurance benefit of any individual for each month under subsection (b), (c), (e), (f), or (g) (as determined after application of the provisions of subsection (q) and the preceding provisions of this subsection) shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to such individual for such month which is based upon such individual's earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 418(b)(2) of this title) if, during any portion of the last 60 months of such service ending with the last day such individual was employed by such entity—
(i) such service did not constitute "employment" as defined in section 410 of this title, or
(ii) such service was being performed while in the service of the Federal Government, and constituted "employment" as so defined solely by reason of—
(I) clause (ii) or (iii) of subparagraph (G) of section 410(a)(5) of this title, where the lump-sum payment described in such clause (ii) or the cessation of coverage described in such clause (iii) (whichever is applicable) was received or occurred on or after January 1, 1988, or
(II) an election to become subject to the Federal Employees' Retirement System provided in chapter 84 of title 5 or the Foreign Service Pension System provided in subchapter II of chapter 8 of title I of the Foreign Service Act of 1980 [22 U.S.C. 4071 et seq.] made pursuant to law after December 31, 1987,
unless subparagraph (B) applies.
The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.
(B)(i) Subparagraph (A)(i) shall not apply with respect to monthly periodic benefits based wholly on service as a member of a uniformed service (as defined in section 410(m) of this title).
(ii) Subparagraph (A)(ii) shall not apply with respect to monthly periodic benefits based in whole or in part on service which constituted "employment" as defined in section 410 of this title if such service was performed for at least 60 months in the aggregate during the period beginning January 1, 1988, and ending with the close of the first calendar month as of the end of which such individual is eligible for benefits under this subsection and has made a valid application for such benefits.
(C) For purposes of this paragraph, any periodic benefit which otherwise meets the requirements of subparagraph (A), but which is paid on other than a monthly basis, shall be allocated on a basis equivalent to a monthly benefit (as determined by the Commissioner of Social Security) and such equivalent monthly benefit shall constitute a monthly periodic benefit for purposes of subparagraph (A). For purposes of this subparagraph, the term "periodic benefit" includes a benefit payable in a lump sum if it is a commutation of, or a substitute for, periodic payments.
(l) Entitlement to survivor benefits under railroad retirement provisions
If any person would be entitled, upon filing application therefor to an annuity under section 2 of the Railroad Retirement Act of 1974 [45 U.S.C. 231a], or to a lump-sum payment under section 6(b) of such Act [45 U.S.C. 231e(b)], with respect to the death of an employee (as defined in such Act) no lump-sum death payment, and no monthly benefit for the month in which such employee died or for any month thereafter, shall be paid under this section to any person on the basis of the wages and self-employment income of such employee.
(m) Repealed. Pub. L. 97–35, title XXII, §2201(b)(10), Aug. 13, 1981, 95 Stat. 831
(n) Termination of benefits upon removal of primary beneficiary
(1) If any individual is (after September 1, 1954) removed under section 1227(a) of title 8 (other than under paragraph (1)(C) of such section) or under section 1182(a)(6)(A) of title 8, then, notwithstanding any other provisions of this subchapter—
(A) no monthly benefit under this section or section 423 of this title shall be paid to such individual, on the basis of his wages and self-employment income, for any month occurring (i) after the month in which the Commissioner of Social Security is notified by the Attorney General or the Secretary of Homeland Security that such individual has been so removed, and (ii) before the month in which such individual is thereafter lawfully admitted to the United States for permanent residence,
(B) if no benefit could be paid to such individual (or if no benefit could be paid to him if he were alive) for any month by reason of subparagraph (A), no monthly benefit under this section shall be paid, on the basis of his wages and self-employment income, for such month to any other person who is not a citizen of the United States and is outside the United States for any part of such month, and
(C) no lump-sum death payment shall be made on the basis of such individual's wages and self-employment income if he dies (i) in or after the month in which such notice is received, and (ii) before the month in which he is thereafter lawfully admitted to the United States for permanent residence.
Section 403(b), (c), and (d) of this title shall not apply with respect to any such individual for any month for which no monthly benefit may be paid to him by reason of this paragraph.
(2)(A) In the case of the removal of any individual under any of the paragraphs of section 1227(a) of title 8 (other than under paragraph (1)(C) of such section) or under section 1182(a)(6)(A) of title 8, the revocation and setting aside of citizenship of any individual under section 1451 of title 8 in any case in which the revocation and setting aside is based on conduct described in section 1182(a)(3)(E)(i) of title 8 (relating to participation in Nazi persecution), or the renunciation of nationality by any individual under section 1481(a)(5) of title 8 pursuant to a settlement agreement with the Attorney General where the individual has admitted to conduct described in section 1182(a)(3)(E)(i) of title 8 (relating to participation in Nazi persecution) occurring after December 18, 2014, the Attorney General or the Secretary of Homeland Security shall notify the Commissioner of Social Security of such removal, revocation and setting aside, or renunciation of nationality not later than 7 days after such removal, revocation and setting aside, or renunciation of nationality (or, in the case of any such removal, revocation and setting aside, of 2 renunciation of nationality that has occurred prior to December 18, 2014, not later than 7 days after December 18, 2014).
(B)(i) Not later than 30 days after December 18, 2014, the Attorney General shall certify to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that the Commissioner of Social Security has been notified of each removal, revocation and setting aside, or renunciation of nationality described in subparagraph (A).
(ii) Not later than 30 days after each notification with respect to an individual under subparagraph (A), the Commissioner of Social Security shall certify to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that such individual's benefits were terminated under this subsection.
(3) For purposes of paragraphs (1) and (2) of this subsection—
(A) an individual against whom a final order of removal has been issued under section 1227(a)(4)(D) of title 8 on grounds of participation in Nazi persecution shall be considered to have been removed under such section as of the date on which such order became final;
(B) an individual with respect to whom an order admitting the individual to citizenship has been revoked and set aside under section 1451 of title 8 in any case in which the revocation and setting aside is based on conduct described in section 1182(a)(3)(E)(i) of title 8 (relating to participation in Nazi persecution), concealment of a material fact about such conduct, or willful misrepresentation about such conduct shall be considered to have been removed as described in paragraph (1) as of the date of such revocation and setting aside; and
(C) an individual who pursuant to a settlement agreement with the Attorney General has admitted to conduct described in section 1182(a)(3)(E)(i) of title 8 (relating to participation in Nazi persecution) and who pursuant to such settlement agreement has lost status as a national of the United States by a renunciation under section 1481(a)(5) of title 8 shall be considered to have been removed as described in paragraph (1) as of the date of such renunciation.
(4) In the case of any individual described in paragraph (3) whose monthly benefits are terminated under paragraph (1)—
(A) no benefits otherwise available under this section based on the wages and self-employment income of any other individual shall be paid to such individual for any month after such termination; and
(B) no supplemental security income benefits under subchapter XVI shall be paid to such individual for any such month, including supplementary payments pursuant to an agreement for Federal administration under section 1382e(a) of this title and payments pursuant to an agreement entered into under section 212(b) of Public Law 93–66 3
(o) Application for benefits by survivors of members and former members of uniformed services
In the case of any individual who would be entitled to benefits under subsection (d), (e), (g), or (h) upon filing proper application therefor, the filing with the Administrator of Veterans' Affairs by or on behalf of such individual of an application for such benefits, on the form described in section 5105 of title 38, shall satisfy the requirement of such subsection (d), (e), (g), or (h) that an application for such benefits be filed.
(p) Extension of period for filing proof of support and applications for lump-sum death payment
In any case in which there is a failure—
(1) to file proof of support under subparagraph (B) of subsection (h)(1), or under clause (B) of subsection (f)(1) of this section as in effect prior to the Social Security Act Amendments of 1950, within the period prescribed by such subparagraph or clause, or
(2) to file, in the case of a death after 1946, application for a lump-sum death payment under subsection (i), or under subsection (g) of this section as in effect prior to the Social Security Act Amendments of 1950, within the period prescribed by such subsection,
any such proof or application, as the case may be, which is filed after the expiration of such period shall be deemed to have been filed within such period if it is shown to the satisfaction of the Commissioner of Social Security that there was good cause for failure to file such proof or application within such period. The determination of what constitutes good cause for purposes of this subsection shall be made in accordance with regulations of the Commissioner of Social Security.
(q) Reduction of benefit amounts for certain beneficiaries
(1) Subject to paragraph (9), if the first month for which an individual is entitled to an old-age, wife's, husband's, widow's, or widower's insurance benefit is a month before the month in which such individual attains retirement age, the amount of such benefit for such month and for any subsequent month shall, subject to the succeeding paragraphs of this subsection, be reduced by—
(A) 5/9 of 1 percent of such amount if such benefit is an old-age insurance benefit, 25/36 of 1 percent of such amount if such benefit is a wife's or husband's insurance benefit, or 19/40 of 1 percent of such amount if such benefit is a widow's or widower's insurance benefit, multiplied by
(B)(i) the number of months in the reduction period for such benefit (determined under paragraph (6)), if such benefit is for a month before the month in which such individual attains retirement age, or
(ii) if less, the number of such months in the adjusted reduction period for such benefit (determined under paragraph (7)), if such benefit is (I) for the month in which such individual attains age 62, or (II) for the month in which such individual attains retirement age.
(2) If an individual is entitled to a disability insurance benefit for a month after a month for which such individual was entitled to an old-age insurance benefit, such disability insurance benefit for each month shall be reduced by the amount such old-age insurance benefit would be reduced under paragraphs (1) and (4) for such month had such individual attained retirement age (as defined in section 416(l) of this title) in the first month for which he most recently became entitled to a disability insurance benefit.
(3)(A) If the first month for which an individual both is entitled to a wife's, husband's, widow's, or widower's insurance benefit and has attained age 62 (in the case of a wife's or husband's insurance benefit) or age 50 (in the case of a widow's or widower's insurance benefit) is a month for which such individual is also entitled to—
(i) an old-age insurance benefit (to which such individual was first entitled for a month before he attains retirement age (as defined in section 416(l) of this title)), or
(ii) a disability insurance benefit,
then in lieu of any reduction under paragraph (1) (but subject to the succeeding paragraphs of this subsection) such wife's, husband's, widow's, or widower's insurance benefit for each month shall be reduced as provided in subparagraph (B), (C), or (D).
(B) For any month for which such individual is entitled to an old-age insurance benefit and is not entitled to a disability insurance benefit, such individual's wife's or husband's insurance benefit shall be reduced by the sum of—
(i) the amount by which such old-age insurance benefit is reduced under paragraph (1) for such month, and
(ii) the amount by which such wife's or husband's insurance benefit would be reduced under paragraph (1) for such month if it were equal to the excess of such wife's or husband's insurance benefit (before reduction under this subsection) over such old-age insurance benefit (before reduction under this subsection).
(C) For any month for which such individual is entitled to a disability insurance benefit, such individual's wife's, husband's, widow's, or widower's insurance benefit shall be reduced by the sum of—
(i) the amount by which such disability insurance benefit is reduced under paragraph (2) for such month (if such paragraph applied to such benefit), and
(ii) the amount by which such wife's, husband's, widow's, or widower's insurance benefit would be reduced under paragraph (1) for such month if it were equal to the excess of such wife's, husband's, widow's, or widower's insurance benefit (before reduction under this subsection) over such disability insurance benefit (before reduction under this subsection).
(D) For any month for which such individual is entitled neither to an old-age insurance benefit nor to a disability insurance benefit, such individual's wife's, husband's, widow's, or widower's insurance benefit shall be reduced by the amount by which it would be reduced under paragraph (1).
(E) Notwithstanding subparagraph (A) of this paragraph, if the first month for which an individual is entitled to a widow's or widower's insurance benefit is a month for which such individual is also entitled to an old-age insurance benefit to which such individual was first entitled for that month or for a month before she or he became entitled to a widow's or widower's benefit, the reduction in such widow's or widower's insurance benefit shall be determined under paragraph (1).
(4) If—
(A) an individual is or was entitled to a benefit subject to reduction under paragraph (1) or (3) of this subsection, and
(B) such benefit is increased by reason of an increase in the primary insurance amount of the individual on whose wages and self-employment income such benefit is based,
then the amount of the reduction of such benefit (after the application of any adjustment under paragraph (7)) for each month beginning with the month of such increase in the primary insurance amount shall be computed under paragraph (1) or (3), whichever applies, as though the increased primary insurance amount had been in effect for and after the month for which the individual first became entitled to such monthly benefit reduced under such paragraph (1) or (3).
(5)(A) No wife's or husband's insurance benefit shall be reduced under this subsection—
(i) for any month before the first month for which there is in effect a certificate filed by him or her with the Commissioner of Social Security, in accordance with regulations prescribed by the Commissioner of Social Security, in which he or she elects to receive wife's or husband's insurance benefits reduced as provided in this subsection, or
(ii) for any month in which he or she has in his or her care (individually or jointly with the person on whose wages and self-employment income the wife's or husband's insurance benefit is based) a child of such person entitled to child's insurance benefits.
(B) Any certificate described in subparagraph (A)(i) shall be effective for purposes of this subsection (and for purposes of preventing deductions under section 403(c)(2) of this title)—
(i) for the month in which it is filed and for any month thereafter, and
(ii) for months, in the period designated by the individual filing such certificate, of one or more consecutive months (not exceeding 12) immediately preceding the month in which such certificate is filed;
except that such certificate shall not be effective for any month before the month in which he or she attains age 62, nor shall it be effective for any month to which subparagraph (A)(ii) applies.
(C) If an individual does not have in his or her care a child described in subparagraph (A)(ii) in the first month for which he or she is entitled to a wife's or husband's insurance benefit, and if such first month is a month before the month in which he or she attains retirement age (as defined in section 416(l) of this title), he or she shall be deemed to have filed in such first month the certificate described in subparagraph (A)(i).
(D) No widow's or widower's insurance benefit for a month in which he or she has in his or her care a child of his or her deceased spouse (or deceased former spouse) entitled to child's insurance benefits shall be reduced under this subsection below the amount to which he or she would have been entitled had he or she been entitled for such month to mother's or father's insurance benefits on the basis of his or her deceased spouse's (or deceased former spouse's) wages and self-employment income.
(6) For purposes of this subsection, the "reduction period" for an individual's old-age, wife's, husband's, widow's, or widower's insurance benefit is the period—
(A) beginning—
(i) in the case of an old-age insurance benefit, with the first day of the first month for which such individual is entitled to such benefit,
(ii) in the case of a wife's or husband's insurance benefit, with the first day of the first month for which a certificate described in paragraph (5)(A)(i) is effective, or
(iii) in the case of a widow's or widower's insurance benefit, with the first day of the first month for which such individual is entitled to such benefit or the first day of the month in which such individual attains age 60, whichever is the later, and
(B) ending with the last day of the month before the month in which such individual attains retirement age.
(7) For purposes of this subsection, the "adjusted reduction period" for an individual's old-age, wife's, husband's, widow's, or widower's insurance benefit is the reduction period prescribed in paragraph (6) for such benefit, excluding—
(A) any month in which such benefit was subject to deductions under section 403(b), 403(c)(1), 403(d)(1), or 422(b) of this title,
(B) in the case of wife's or husband's insurance benefits, any month in which such individual had in his or her care (individually or jointly with the person on whose wages and self-employment income such benefit is based) a child of such person entitled to child's insurance benefits,
(C) in the case of wife's or husband's insurance benefits, any month for which such individual was not entitled to such benefits because of the occurrence of an event that terminated her or his entitlement to such benefits,
(D) in the case of widow's or widower's insurance benefits, any month in which the reduction in the amount of such benefit was determined under paragraph (5)(D),
(E) in the case of widow's or widower's insurance benefits, any month before the month in which she or he attained age 62, and also for any later month before the month in which she or he attained retirement age, for which she or he was not entitled to such benefit because of the occurrence of an event that terminated her or his entitlement to such benefits, and
(F) in the case of old-age insurance benefits, any month for which such individual was entitled to a disability insurance benefit.
(8) This subsection shall be applied after reduction under section 403(a) of this title and before application of section 415(g) of this title. If the amount of any reduction computed under paragraph (1), (2), or (3) is not a multiple of $0.10, it shall be increased to the next higher multiple of $0.10.
(9) The amount of the reduction for early retirement specified in paragraph (1)—
(A) for old-age insurance benefits, wife's insurance benefits, and husband's insurance benefits, shall be the amount specified in such paragraph for the first 36 months of the reduction period (as defined in paragraph (6)) or adjusted reduction period (as defined in paragraph (7)), and five-twelfths of 1 percent for any additional months included in such periods; and
(B) for widow's insurance benefits and widower's insurance benefits, shall be periodically revised by the Commissioner of Social Security such that—
(i) the amount of the reduction at early retirement age as defined in section 416(l) of this title shall be 28.5 percent of the full benefit; and
(ii) the amount of the reduction for each month in the reduction period (specified in paragraph (6)) or the adjusted reduction period (specified in paragraph (7)) shall be established by linear interpolation between 28.5 percent at the month of attainment of early retirement age and 0 percent at the month of attainment of retirement age.
(10) For purposes of applying paragraph (4), with respect to monthly benefits payable for any month after December 1977 to an individual who was entitled to a monthly benefit as reduced under paragraph (1) or (3) prior to January 1978, the amount of reduction in such benefit for the first month for which such benefit is increased by reason of an increase in the primary insurance amount of the individual on whose wages and self-employment income such benefit is based and for all subsequent months (and similarly for all subsequent increases) shall be increased by a percentage equal to the percentage increase in such primary insurance amount (such increase being made in accordance with the provisions of paragraph (8)). In the case of an individual whose reduced benefit under this section is increased as a result of the use of an adjusted reduction period (in accordance with paragraphs (1) and (3) of this subsection), then for the first month for which such increase is effective, and for all subsequent months, the amount of such reduction (after the application of the previous sentence, if applicable) shall be determined—
(A) in the case of old-age, wife's, and husband's insurance benefits, by multiplying such amount by the ratio of (i) the number of months in the adjusted reduction period to (ii) the number of months in the reduction period,
(B) in the case of widow's and widower's insurance benefits for the month in which such individual attains age 62, by multiplying such amount by the ratio of (i) the number of months in the reduction period beginning with age 62 multiplied by 19/40 of 1 percent, plus the number of months in the adjusted reduction period prior to age 62 multiplied by 19/40 of 1 percent to (ii) the number of months in the reduction period multiplied by 19/40 of 1 percent, and
(C) in the case of widow's and widower's insurance benefits for the month in which such individual attains retirement age (as defined in section 416(l) of this title), by multiplying such amount by the ratio of (i) the number of months in the adjusted reduction period multiplied by 19/40 of 1 percent to (ii) the number of months in the reduction period beginning with age 62 multiplied by 19/40 of 1 percent, plus the number of months in the adjusted reduction period prior to age 62 multiplied by 19/40 of 1 percent,
such determination being made in accordance with the provisions of paragraph (8).
(11) When an individual is entitled to more than one monthly benefit under this subchapter and one or more of such benefits are reduced under this subsection, paragraph (10) shall apply separately to each such benefit reduced under this subsection before the application of subsection (k) (pertaining to the method by which monthly benefits are offset when an individual is entitled to more than one kind of benefit) and the application of this paragraph shall operate in conjunction with paragraph (3).
(r) Presumed filing of application by individuals eligible for old-age insurance benefits and for wife's or husband's insurance benefits
(1) If an individual is eligible for a wife's or husband's insurance benefit (except in the case of eligibility pursuant to clause (ii) of subsection (b)(1)(B) or subsection (c)(1)(B), as appropriate), in any month for which the individual is entitled to an old-age insurance benefit, such individual shall be deemed to have filed an application for wife's or husband's insurance benefits for such month.
(2) If an individual is eligible (but for subsection (k)(4)) for an old-age insurance benefit in any month for which the individual is entitled to a wife's or husband's insurance benefit (except in the case of entitlement pursuant to clause (ii) of subsection (b)(1)(B) or subsection (c)(1)(B), as appropriate), such individual shall be deemed to have filed an application for old-age insurance benefits—
(A) for such month, or
(B) if such individual is also entitled to a disability insurance benefit for such month, in the first subsequent month for which such individual is not entitled to a disability insurance benefit.
(3) For purposes of this subsection, an individual shall be deemed eligible for a benefit for a month if, upon filing application therefor in such month, he would be entitled to such benefit for such month.
(s) Child over specified age to be disregarded for certain benefit purposes unless disabled
(1) For the purposes of subsections (b)(1), (c)(1), (g)(1), (q)(5), and (q)(7) of this section and paragraphs (2), (3), and (4) of section 403(c) of this title, a child who is entitled to child's insurance benefits under subsection (d) for any month, and who has attained the age of 16 but is not in such month under a disability (as defined in section 423(d) of this title), shall be deemed not entitled to such benefits for such month, unless he was under such a disability in the third month before such month.
(2) So much of subsections (b)(3), (c)(4),1 (d)(5), (g)(3), and (h)(4) of this section as precedes the semicolon, shall not apply in the case of any child unless such child, at the time of the marriage referred to therein, was under a disability (as defined in section 423(d) of this title) or had been under such a disability in the third month before the month in which such marriage occurred.
(3) The last sentence of subsection (c) of section 403 of this title, subsection (f)(1)(C) of section 403 of this title, and subsections (b)(3)(B), (c)(6)(B),1 (f)(3)(B), and (g)(6)(B) 1 of section 416 of this title shall not apply in the case of any child with respect to any month referred to therein unless in such month or the third month prior thereto such child was under a disability (as defined in section 423(d) of this title).
(t) Suspension of benefits of aliens who are outside United States; residency requirements for dependents and survivors
(1) Notwithstanding any other provision of this subchapter, no monthly benefits shall be paid under this section or under section 423 of this title to any individual who is not a citizen or national of the United States for any month which is—
(A) after the sixth consecutive calendar month during all of which the Commissioner of Social Security finds, on the basis of information furnished to the Commissioner by the Attorney General or information which otherwise comes to the Commissioner's attention, that such individual is outside the United States, and
(B) prior to the first month thereafter for all of which such individual has been in the United States.
For purposes of the preceding sentence, after an individual has been outside the United States for any period of thirty consecutive days he shall be treated as remaining outside the United States until he has been in the United States for a period of thirty consecutive days.
(2) Subject to paragraph (11), paragraph (1) of this subsection shall not apply to any individual who is a citizen of a foreign country which the Commissioner of Social Security finds has in effect a social insurance or pension system which is of general application in such country and under which—
(A) periodic benefits, or the actuarial equivalent thereof, are paid on account of old age, retirement, or death, and
(B) individuals who are citizens of the United States but not citizens of such foreign country and who qualify for such benefits are permitted to receive such benefits or the actuarial equivalent thereof while outside such foreign country without regard to the duration of the absence.
(3) Paragraph (1) of this subsection shall not apply in any case where its application would be contrary to any treaty obligation of the United States in effect on August 1, 1956.
(4) Subject to paragraph (11), paragraph (1) of this subsection shall not apply to any benefit for any month if—
(A) not less than forty of the quarters elapsing before such month are quarters of coverage for the individual on whose wages and self-employment income such benefit is based, or
(B) the individual on whose wages and self-employment income such benefit is based has, before such month, resided in the United States for a period or periods aggregating ten years or more, or
(C) the individual entitled to such benefit is outside the United States while in the active military or naval service of the United States, or
(D) the individual on whose wages and self-employment income such benefit is based died, before such month, either (i) while on active duty or inactive duty training (as those terms are defined in section 410(l) (2) and (3) of this title) as a member of a uniformed service (as defined in section 410(m) of this title), or (ii) as the result of a disease or injury which the Secretary of Veterans Affairs determines was incurred or aggravated in line of duty while on active duty (as defined in section 410(l)(2) of this title), or an injury which he determines was incurred or aggravated in line of duty while on inactive duty training (as defined in section 410(l)(3) of this title), as a member of a uniformed service (as defined in section 410(m) of this title), if the Secretary of Veterans Affairs determines that such individual was discharged or released from the period of such active duty or inactive duty training under conditions other than dishonorable, and if the Secretary of Veterans Affairs certifies to the Commissioner of Social Security his determinations with respect to such individual under this clause, or
(E) the individual on whose employment such benefit is based had been in service covered by the Railroad Retirement Act of 1937 or 1974 [45 U.S.C. 228a et seq., 231 et seq.] which was treated as employment covered by this chapter pursuant to the provisions of section 5(k)(1) of the Railroad Retirement Act of 1937 [45 U.S.C. 228e(k)(1)] or section 18(2) of the Railroad Retirement Act of 1974 [45 U.S.C. 231q(2)];
except that subparagraphs (A) and (B) of this paragraph shall not apply in the case of any individual who is a citizen of a foreign country that has in effect a social insurance or pension system which is of general application in such country and which satisfies subparagraph (A) but not subparagraph (B) of paragraph (2), or who is a citizen of a foreign country that has no social insurance or pension system of general application if at any time within five years prior to the month in which the Social Security Amendments of 1967 are enacted (or the first month thereafter for which his benefits are subject to suspension under paragraph (1)) payments to individuals residing in such country were withheld by the Treasury Department under sections 3329(a) and 3330(a) of title 31.
(5) No person who is, or upon application would be, entitled to a monthly benefit under this section for December 1956 shall be deprived, by reason of paragraph (1) of this subsection, of such benefit or any other benefit based on the wages and self-employment income of the individual on whose wages and self-employment income such monthly benefit for December 1956 is based.
(6) If an individual is outside the United States when he dies and no benefit may, by reason of paragraph (1) or (10) of this subsection, be paid to him for the month preceding the month in which he dies, no lump-sum death payment may be made on the basis of such individual's wages and self-employment income.
(7) Subsections (b), (c), and (d) of section 403 of this title shall not apply with respect to any individual for any month for which no monthly benefit may be paid to him by reason of paragraph (1) of this subsection.
(8) The Attorney General shall certify to the Commissioner of Social Security such information regarding aliens who depart from the United States to any foreign country (other than a foreign country which is territorially contiguous to the continental United States) as may be necessary to enable the Commissioner of Social Security to carry out the purposes of this subsection and shall otherwise aid, assist, and cooperate with the Commissioner of Social Security in obtaining such other information as may be necessary to enable the Commissioner of Social Security to carry out the purposes of this subsection.
(9) No payments shall be made under part A of subchapter XVIII with respect to items or services furnished to an individual in any month for which the prohibition in paragraph (1) against payment of benefits to him is applicable (or would be if he were entitled to any such benefits).
(10) Notwithstanding any other provision of this subchapter, no monthly benefits shall be paid under this section or under section 423 of this title, for any month beginning after June 30, 1968, to an individual who is not a citizen or national of the United States and who resides during such month in a foreign country if payments for such month to individuals residing in such country are withheld by the Treasury Department under sections 3329(a) and 3330(a) of title 31.
(11)(A) Paragraph (2) and subparagraphs (A), (B), (C), and (E) of paragraph (4) shall apply with respect to an individual's monthly benefits under subsection (b), (c), (d), (e), (f), (g), or (h) only if such individual meets the residency requirements of this paragraph with respect to those benefits.
(B) An individual entitled to benefits under subsection (b), (c), (e), (f), or (g) meets the residency requirements of this paragraph with respect to those benefits only if such individual has resided in the United States, and while so residing bore a spousal relationship to the person on whose wages and self-employment income such entitlement is based, for a total period of not less than 5 years. For purposes of this subparagraph, a period of time for which an individual bears a spousal relationship to another person consists of a period throughout which the individual has been, with respect to such other person, a wife, a husband, a widow, a widower, a divorced wife, a divorced husband, a surviving divorced wife, a surviving divorced husband, a surviving divorced mother, a surviving divorced father, or (as applicable in the course of such period) any two or more of the foregoing.
(C) An individual entitled to benefits under subsection (d) meets the residency requirements of this paragraph with respect to those benefits only if—
(i)(I) such individual has resided in the United States (as the child of the person on whose wages and self-employment income such entitlement is based) for a total period of not less than 5 years, or
(II) the person on whose wages and self-employment income such entitlement is based, and the individual's other parent (within the meaning of subsection (h)(3)), if any, have each resided in the United States for a total period of not less than 5 years (or died while residing in the United States), and
(ii) in the case of an individual entitled to such benefits as an adopted child, such individual was adopted within the United States by the person on whose wages and self-employment income such entitlement is based, and has lived in the United States with such person and received at least one-half of his or her support from such person for a period (beginning before such individual attained age 18) consisting of—
(I) the year immediately before the month in which such person became eligible for old-age insurance benefits or disability insurance benefits or died, whichever occurred first, or
(II) if such person had a period of disability which continued until he or she became entitled to old-age insurance benefits or disability insurance benefits or died, the year immediately before the month in which such period of disability began.
(D) An individual entitled to benefits under subsection (h) meets the residency requirements of this paragraph with respect to those benefits only if such individual has resided in the United States, and while so residing was a parent (within the meaning of subsection (h)(3)) of the person on whose wages and self-employment income such entitlement is based, for a total period of not less than 5 years.
(E) This paragraph shall not apply with respect to any individual who is a citizen or resident of a foreign country with which the United States has an agreement in force concluded pursuant to section 433 of this title, except to the extent provided by such agreement.
(u) Conviction of subversive activities, etc.
(1) If any individual is convicted of any offense (committed after August 1, 1956) under—
(A) chapter 37 (relating to espionage and censorship), chapter 105 (relating to sabotage), or chapter 115 (relating to treason, sedition, and subversive activities) of title 18, or
(B) section 783 of title 50,
then the court may, in addition to all other penalties provided by law, impose a penalty that in determining whether any monthly insurance benefit under this section or section 423 of this title is payable to such individual for the month in which he is convicted or for any month thereafter, in determining the amount of any such benefit payable to such individual for any such month, and in determining whether such individual is entitled to insurance benefits under part A of subchapter XVIII for any such month, there shall not be taken into account—
(C) any wages paid to such individual or to any other individual in the calendar year in which such conviction occurs or in any prior calendar year, and
(D) any net earnings from self-employment derived by such individual or by any other individual during a taxable year in which such conviction occurs or during any prior taxable year.
(2) As soon as practicable after an additional penalty has, pursuant to paragraph (1) of this subsection, been imposed with respect to any individual, the Attorney General shall notify the Commissioner of Social Security of such imposition.
(3) If any individual with respect to whom an additional penalty has been imposed pursuant to paragraph (1) of this subsection is granted a pardon of the offense by the President of the United States, such additional penalty shall not apply for any month beginning after the date on which such pardon is granted.
(v) Waiver of benefits
(1) Notwithstanding any other provisions of this subchapter, and subject to paragraph (3), in the case of any individual who files a waiver pursuant to section 1402(g) of the Internal Revenue Code of 1986 and is granted a tax exemption thereunder, no benefits or other payments shall be payable under this subchapter to him, no payments shall be made on his behalf under part A of subchapter XVIII, and no benefits or other payments under this subchapter shall be payable on the basis of his wages and self-employment income to any other person, after the filing of such waiver.
(2) Notwithstanding any other provision of this subchapter, and subject to paragraph (3), in the case of any individual who files a waiver pursuant to section 3127 of the Internal Revenue Code of 1986 and is granted a tax exemption thereunder, no benefits or other payments shall be payable under this subchapter to him, no payments shall be made on his behalf under part A of subchapter XVIII, and no benefits or other payments under this subchapter shall be payable on the basis of his wages and self-employment income to any other person, after the filing of such waiver.
(3) If, after an exemption referred to in paragraph (1) or (2) is granted to an individual, such exemption ceases to be effective, the waiver referred to in such paragraph shall cease to be applicable in the case of benefits and other payments under this subchapter and part A of subchapter XVIII to the extent based on—
(A) his wages for and after the calendar year following the calendar year in which occurs the failure to meet the requirements of section 1402(g) or 3127 of the Internal Revenue Code of 1986 on which the cessation of such exemption is based, and
(B) his self-employment income for and after the taxable year in which occurs such failure.
(w) Increase in old-age insurance benefit amounts on account of delayed retirement
(1) The amount of an old-age insurance benefit (other than a benefit based on a primary insurance amount determined under section 415(a)(3) of this title as in effect in December 1978 or section 415(a)(1)(C)(i) of this title as in effect thereafter) which is payable without regard to this subsection to an individual shall be increased by—
(A) the applicable percentage (as determined under paragraph (6)) of such amount, multiplied by
(B) the number (if any) of the increment months for such individual.
(2) For purposes of this subsection, the number of increment months for any individual shall be a number equal to the total number of the months—
(A) which have elapsed after the month before the month in which such individual attained retirement age (as defined in section 416(l) of this title) or (if later) December 1970 and prior to the month in which such individual attained age 70, and
(B) with respect to which—
(i) such individual was a fully insured individual (as defined in section 414(a) of this title),
(ii) such individual either was not entitled to an old-age insurance benefit or, if so entitled, did not receive benefits pursuant to a request under subsection (z) by such individual that benefits not be paid, and
(iii) such individual was not subject to a penalty imposed under section 1320a–8a of this title.
(3) For purposes of applying the provisions of paragraph (1), a determination shall be made under paragraph (2) for each year, beginning with 1972, of the total number of an individual's increment months through the year for which the determination is made and the total so determined shall be applicable to such individual's old-age insurance benefits beginning with benefits for January of the year following the year for which such determination is made; except that the total number applicable in the case of an individual who attains age 70 after 1972 shall be determined through the month before the month in which he attains such age and shall be applicable to his old-age insurance benefit beginning with the month in which he attains such age.
(4) This subsection shall be applied after reduction under section 403(a) of this title.
(5) If an individual's primary insurance amount is determined under paragraph (3) of section 415(a) of this title as in effect in December 1978, or section 415(a)(1)(C)(i) of this title as in effect thereafter, and, as a result of this subsection, he would be entitled to a higher old-age insurance benefit if his primary insurance amount were determined under section 415(a) of this title (whether before, in, or after December 1978) without regard to such paragraph, such individual's old-age insurance benefit based upon his primary insurance amount determined under such paragraph shall be increased by an amount equal to the difference between such benefit and the benefit to which he would be entitled if his primary insurance amount were determined under such section without regard to such paragraph.
(6) For purposes of paragraph (1)(A), the "applicable percentage" is—
(A) 1/12 of 1 percent in the case of an individual who first becomes eligible for an old-age insurance benefit in any calendar year before 1979;
(B) ¼ of 1 percent in the case of an individual who first becomes eligible for an old-age insurance benefit in any calendar year after 1978 and before 1987;
(C) in the case of an individual who first becomes eligible for an old-age insurance benefit in a calendar year after 1986 and before 2005, a percentage equal to the applicable percentage in effect under this paragraph for persons who first became eligible for an old-age insurance benefit in the preceding calendar year (as increased pursuant to this subparagraph), plus 1/24 of 1 percent if the calendar year in which that particular individual first becomes eligible for such benefit is not evenly divisible by 2; and
(D) 2/3 of 1 percent in the case of an individual who first becomes eligible for an old-age insurance benefit in a calendar year after 2004.
(x) Limitation on payments to prisoners, certain other inmates of publicly funded institutions, fugitives, probationers, and parolees
(1)(A) Notwithstanding any other provision of this subchapter, no monthly benefits shall be paid under this section or under section 423 of this title to any individual for any month ending with or during or beginning with or during a period of more than 30 days throughout all of which such individual—
(i) is confined in a jail, prison, or other penal institution or correctional facility pursuant to his conviction of a criminal offense,
(ii) is confined by court order in an institution at public expense in connection with—
(I) a verdict or finding that the individual is guilty but insane, with respect to a criminal offense,
(II) a verdict or finding that the individual is not guilty of such an offense by reason of insanity,
(III) a finding that such individual is incompetent to stand trial under an allegation of such an offense, or
(IV) a similar verdict or finding with respect to such an offense based on similar factors (such as a mental disease, a mental defect, or mental incompetence),
(iii) immediately upon completion of confinement as described in clause (i) pursuant to conviction of a criminal offense an element of which is sexual activity, is confined by court order in an institution at public expense pursuant to a finding that the individual is a sexually dangerous person or a sexual predator or a similar finding,
(iv) is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which the person flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the person flees, or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed, or
(v) is violating a condition of probation or parole imposed under Federal or State law.
(B)(i) For purposes of clause (i) of subparagraph (A), an individual shall not be considered confined in an institution comprising a jail, prison, or other penal institution or correctional facility during any month throughout which such individual is residing outside such institution at no expense (other than the cost of monitoring) to such institution or the penal system or to any agency to which the penal system has transferred jurisdiction over the individual.
(ii) For purposes of clauses (ii) and (iii) of subparagraph (A), an individual confined in an institution as described in such clause (ii) shall be treated as remaining so confined until—
(I) he or she is released from the care and supervision of such institution, and
(II) such institution ceases to meet the individual's basic living needs.
(iii) Notwithstanding subparagraph (A), the Commissioner shall, for good cause shown, pay the individual benefits that have been withheld or would otherwise be withheld pursuant to clause (iv) or (v) of subparagraph (A) if the Commissioner determines that—
(I) a court of competent jurisdiction has found the individual not guilty of the criminal offense, dismissed the charges relating to the criminal offense, vacated the warrant for arrest of the individual for the criminal offense, or issued any similar exonerating order (or taken similar exonerating action), or
(II) the individual was erroneously implicated in connection with the criminal offense by reason of identity fraud.
(iv) Notwithstanding subparagraph (A), the Commissioner may, for good cause shown based on mitigating circumstances, pay the individual benefits that have been withheld or would otherwise be withheld pursuant to clause (iv) or (v) of subparagraph (A) if the Commissioner determines that—
(I) the offense described in clause (iv) or underlying the imposition of the probation or parole described in clause (v) was nonviolent and not drug-related, and
(II) in the case of an individual from whom benefits have been withheld or otherwise would be withheld pursuant to subparagraph (A)(v), the action that resulted in the violation of a condition of probation or parole was nonviolent and not drug-related.
(2) Benefits which would be payable to any individual (other than a confined individual to whom benefits are not payable by reason of paragraph (1)) under this subchapter on the basis of the wages and self-employment income of such a confined individual but for the provisions of paragraph (1), shall be payable as though such confined individual were receiving such benefits under this section or section 423 of this title.
(3)(A) Notwithstanding the provisions of section 552a of title 5 or any other provision of Federal or State law, any agency of the United States Government or of any State (or political subdivision thereof) shall make available to the Commissioner of Social Security, upon written request, the name and social security account number of any individual who is confined as described in paragraph (1) if the confinement is under the jurisdiction of such agency and the Commissioner of Social Security requires such information to carry out the provisions of this section.
(B)(i) The Commissioner shall enter into an agreement under this subparagraph with any interested State or local institution comprising a jail, prison, penal institution, or correctional facility, or comprising any other institution a purpose of which is to confine individuals as described in paragraph (1)(A)(ii). Under such agreement—
(I) the institution shall provide to the Commissioner, on a monthly basis and in a manner specified by the Commissioner, the first, middle, and last names, Social Security account numbers or taxpayer identification numbers, prison assigned inmate numbers, last known addresses, dates of birth, confinement commencement dates, dates of release or anticipated dates of release, dates of work release, and, to the extent available to the institution, such other identifying information concerning the individuals confined in the institution as the Commissioner may require for the purpose of carrying out paragraph (1) and clause (iv) of this subparagraph and other provisions of this subchapter; and
(II) the Commissioner shall pay to the institution, with respect to information described in subclause (I) concerning each individual who is confined therein as described in paragraph (1)(A), who receives a benefit under this subchapter for the month preceding the first month of such confinement, and whose benefit under this subchapter is determined by the Commissioner to be not payable by reason of confinement based on the information provided by the institution, $400 (subject to reduction under clause (ii)) if the institution furnishes the information to the Commissioner within 30 days after the date such individual's confinement in such institution begins, or $200 (subject to reduction under clause (ii)) if the institution furnishes the information after 30 days after such date but within 90 days after such date.
(ii) The dollar amounts specified in clause (i)(II) shall be reduced by 50 percent if the Commissioner is also required to make a payment to the institution with respect to the same individual under an agreement entered into under section 1382(e)(1)(I) of this title.
(iii) There are authorized to be transferred from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as appropriate, such sums as may be necessary to enable the Commissioner to make payments to institutions required by clause (i)(II).
(iv) The Commissioner shall maintain, and shall provide on a reimbursable basis, information obtained pursuant to agreements entered into under this paragraph to any agency administering a Federal or federally-assisted cash, food, or medical assistance program for eligibility and other administrative purposes under such program, for statistical and research activities conducted by Federal and State agencies, and to the Secretary of the Treasury for the purposes of tax administration, debt collection, and identifying, preventing, and recovering improper payments under federally funded programs.
(v)(I) The Commissioner may disclose information received pursuant to this paragraph to any officer, employee, agent, or contractor of the Department of the Treasury whose official duties require such information to assist in the identification, prevention, and recovery of improper payments or in the collection of delinquent debts owed to the United States, including payments certified by the head of an executive, judicial, or legislative paying agency, and payments made to individuals whose eligibility, or continuing eligibility, to participate in a Federal program (including those administered by a State or political subdivision thereof) is being reviewed.
(II) Notwithstanding the provisions of section 552a of title 5 or any other provision of Federal or State law, the Secretary of the Treasury may compare information disclosed under subclause (I) with any other personally identifiable information derived from a Federal system of records or similar records maintained by a Federal contractor, a Federal grantee, or an entity administering a Federal program or activity, and may redisclose such comparison of information to any paying or administering agency and to the head of the Federal Bureau of Prisons and the head of any State agency charged with the administration of prisons with respect to inmates whom the Secretary of the Treasury has determined may have been issued, or facilitated in the issuance of, an improper payment.
(III) The comparison of information disclosed under subclause (I) shall not be considered a matching program for purposes of section 552a of title 5.
(C) Notwithstanding the provisions of section 552a of title 5 or any other provision of Federal or State law (other than section 6103 of the Internal Revenue Code of 1986 and section 1306(c) of this title), the Commissioner shall furnish any Federal, State, or local law enforcement officer, upon the written request of the officer, with the current address, Social Security number, and photograph (if applicable) of any beneficiary under this subchapter, if the officer furnishes the Commissioner with the name of the beneficiary, and other identifying information as reasonably required by the Commissioner to establish the unique identity of the beneficiary, and notifies the Commissioner that—
(i) the beneficiary is described in clause (iv) or (v) of paragraph (1)(A); and
(ii) the location or apprehension of the beneficiary is within the officer's official duties.
(y) Limitation on payments to aliens
Notwithstanding any other provision of law, no monthly benefit under this subchapter shall be payable to any alien in the United States for any month during which such alien is not lawfully present in the United States as determined by the Attorney General.
(z) Voluntary suspension
(1)(A) Except as otherwise provided in this subsection, any individual who has attained retirement age (as defined in section 416(l) of this title) and is entitled to old-age insurance benefits may request that payment of such benefits be suspended—
(i) beginning with the month following the month in which such request is received by the Commissioner, and
(ii) ending with the earlier of the month following the month in which a request by the individual for a resumption of such benefits is so received or the month following the month in which the individual attains the age of 70.
(2) An individual may not suspend such benefits under this subsection, and any suspension of such benefits under this subsection shall end, effective with respect to any month in which the individual becomes subject to—
(A) mandatory suspension of such benefits under subsection (x);
(B) termination of such benefits under subsection (n);
(C) a penalty under section 1320a–8a of this title imposing nonpayment of such benefits; or
(D) any other withholding, in whole or in part, of such benefits under any other provision of law that authorizes recovery of a debt by withholding such benefits.
(3) In the case of an individual who requests that such benefits be suspended under this subsection, for any month during the period in which the suspension is in effect—
(A) no retroactive benefits (as defined in subsection (j)(4)(B)(iii)) shall be payable to such individual;
(B) no monthly benefit shall be payable to any other individual on the basis of such individual's wages and self-employment income; and
(C) no monthly benefit shall be payable to such individual on the basis of another individual's wages and self-employment income.
(Aug. 14, 1935, ch. 531, title II, §202, 49 Stat. 623; Aug. 10, 1939, ch. 666, title II, §201, 53 Stat. 1362, 1363; Aug. 10, 1946, ch. 951, title IV, §§402, 403(a), 404(a), 405(a), 60 Stat. 986, 987; Aug. 28, 1950, ch. 809, title I, §101(a), 64 Stat. 482; Aug. 14, 1953, ch. 483, §2, 67 Stat. 580; Sept. 1, 1954, ch. 1206, title I, §§102(i), 105(a), 107, 110, 68 Stat. 1073, 1079, 1083, 1085; Aug. 9, 1955, ch. 685, §2, 69 Stat. 621; Aug. 1, 1956, ch. 836, title I, §§101(a)–(c), 102(c), (d)(1)–(10), 103(c)(1)–(3), 113, 114(a), 118(a), 121(a), 70 Stat. 807, 810-814, 818, 831, 832, 835, 838; Aug. 1, 1956, ch. 837, title IV, §§403(a), 407, 70 Stat. 871, 876; Pub. L. 85–238, §§1, 3(a)–(g), Aug. 30, 1957, 71 Stat. 518; Pub. L. 85–798, §1, Aug. 28, 1958, 72 Stat. 964; Pub. L. 85–840, title I, §101(e), title II, §205(b)–(i), title III, §§301(a)(1), (b)(1), (c)(1), 303, 304(a)(1), 305(a), 306(a), 307(a)–(e), Aug. 28, 1958, 72 Stat. 1017, 1021-1024, 1026, 1027, 1029-1032; Pub. L. 85–857, §13(i)(1), Sept. 2, 1958, 72 Stat. 1265; Pub. L. 85–927, §301, Sept. 6, 1958, 72 Stat. 1783; Pub. L. 86–70, §32(c)(1), June 25, 1959, 73 Stat. 149; Pub. L. 86–624, §30(c)(1), July 12, 1960, 74 Stat. 420; Pub. L. 86–778, title I, §103(a)(1), (j)(2)(C), (D), title II, §§201(a), (b), 202(a), 203(a), 205(a), (b), 208(d), 211(i)–(l), title III, §301(a), title IV, §403(d), Sept. 13, 1960, 74 Stat. 936, 937, 946, 947, 949, 952, 957-959, 1969; Pub. L. 87–64, title I, §§102(a), (b)(1), (2)(A), (3), (e), 104(a)–(d), June 30, 1961, 75 Stat. 131, 134-136, 138, 139; Pub. L. 89–97, title I, §104(a), title III, §§303(d), 304(a)–(j), 306(a), (b), (c)(1)–(9), 307(a), (b), 308(a), (b), (d)(1), (2)(A), (3)–(5), (12), (13), 319(d), 323(a), 324(a), 328(a), 333(a)–(c), 334(e), (f), 339(b), 343(a), July 30, 1965, 79 Stat. 334, 367-379, 392, 397, 398, 400, 403-405, 410, 412; Pub. L. 90–248, title I, §§103(a)–(d), 104(a)–(c), 112(a), 151(a)–(d)(1), (2), 157(a), (b), 158(c)(1), (2), 162(a)(1), (b)(1), (c)(1), (2), Jan. 2, 1968, 81 Stat. 828–830, 838, 860, 867, 868, 871; Pub. L. 91–172, title X, §1004(a)–(c), Dec. 30, 1969, 83 Stat. 741; Pub. L. 92–223, §1, Dec. 28, 1971, 85 Stat. 802; Pub. L. 92–603, title I, §§102(a), (b), (d)–(f), 103(a), (b), 107(a), 108(a)–(e), 109(a), 110(a), 111(a), 112(a), 113(b), 114(a)–(c), 116(b), (c), Oct. 30, 1972, 86 Stat. 1335, 1336, 1338-1340, 1343-1348, 1350; Pub. L. 93–66, title II, §240(a), July 9, 1973, 87 Stat. 161; Pub. L. 93–233, §§1(f), (g), 18(b), Dec. 31, 1973, 87 Stat. 947, 948, 967; Pub. L. 93–445, title III, §301, Oct. 16, 1974, 88 Stat. 1357; Pub. L. 95–216, title II, §§203, 204(a)–(d), 205(a), (b), title III, §§331(a)–(c), 332(a)(1), (2), 334(a)–(d)(4)(A), (5), (6), (e), 336(a), (b), 337(b), 353(f)(1), Dec. 20, 1977, 91 Stat. 1527–1529, 1541-1548, 1554; Pub. L. 95–600, title VII, §703(j)(14)(A), Nov. 6, 1978, 92 Stat. 2942; Pub. L. 96–265, title III, §§303(b)(1)(B)–(D), 306(a), June 9, 1980, 94 Stat. 451, 452, 457; Pub. L. 96–473, §§5(b), 6(a), Oct. 19, 1980, 94 Stat. 2265; Pub. L. 96–499, title X, §1011(a), Dec. 5, 1980, 94 Stat. 2655; Pub. L. 97–35, title XXII, §§2201(b)(10), (11), (d), (f), 2202(a)(1), 2203(a), (b)(1), (c)(1), (d)(1), (2), 2205(a), 2206(b)(1), 2210(a), Aug. 13, 1981, 95 Stat. 831–838, 841; Pub. L. 97–123, §2(e), Dec. 29, 1981, 95 Stat. 1660; Pub. L. 97–455, §7(c), Jan. 12, 1983, 96 Stat. 2501; Pub. L. 98–21, title I, §§111(a)(7), 113(d), 114(a)–(c)(1), 131(a)(1)–(3)(G), (b)(1)–(3)(F), (c), 132(a), 133(a), (b), 134(a), (b), title II, §201(b), (c)(1)(A), title III, §§301(a), (b), 302, 306(a), (b), (d)–(h), 307(a), 309(a)–(e), 334(a), 337(a), 339(a), 340(a), (b), Apr. 20, 1983, 97 Stat. 72, 79, 92, 93, 95-98, 108, 111-116, 130, 131, 133-135; Pub. L. 98–369, div. B, title VI, §§2661(b)–(f), 2662(c)(1), 2663(a)(2), July 18, 1984, 98 Stat. 1156, 1159, 1160; Pub. L. 99–272, title XII, §§12104(a), 12107(a), Apr. 7, 1986, 100 Stat. 285, 286; Pub. L. 99–514, title XVIII, §1883(a)(1)–(3), Oct. 22, 1986, 100 Stat. 2916; Pub. L. 100–203, title IX, §§9007(a)–(e), 9010(b)–(d), Dec. 22, 1987, 101 Stat. 1330–289 to 1330-293; Pub. L. 100–647, title VIII, §§8004(a), (b), 8007(b), 8010(a), (b), 8014(a), Nov. 10, 1988, 102 Stat. 3780, 3782, 3788, 3790; Pub. L. 101–239, title X, §§10203(a), 10301(a), (b), 10302(a)(1), Dec. 19, 1989, 103 Stat. 2473, 2481; Pub. L. 101–508, title V, §§5103(c)(2)(A), (B), (d), 5116(a), Nov. 5, 1990, 104 Stat. 1388–252, 1388-253, 1388-274; Pub. L. 101–649, title VI, §603(b)(5), Nov. 29, 1990, 104 Stat. 5085; Pub. L. 102–40, title IV, §402(d)(2), May 7, 1991, 105 Stat. 239; Pub. L. 102–54, §13(q)(3)(C), June 13, 1991, 105 Stat. 279; Pub. L. 103–296, title I, §107(a)(4), title III, §§308(a), 321(a)(2)–(5), (b)(1), (c)(2), Aug. 15, 1994, 108 Stat. 1478, 1522, 1535-1538; Pub. L. 103–387, §4(a), Oct. 22, 1994, 108 Stat. 4076; Pub. L. 104–121, title I, §104(a)(1), (b)(1), (2), Mar. 29, 1996, 110 Stat. 851, 852; Pub. L. 104–208, div. C, title III, §308(g)(1), title V, §503(a), Sept. 30, 1996, 110 Stat. 3009–622, 3009-671; Pub. L. 106–169, title II, §207(b), Dec. 14, 1999, 113 Stat. 1838; Pub. L. 106–170, title IV, §402(a)(1), (b)(1), (d)(1), (2), 113 Stat. 1907–1909; Pub. L. 106–182, §4(b), Apr. 7, 2000, 114 Stat. 199; Pub. L. 108–203, title II, §203(a), title IV, §§412(a), (b), 418(a)–(b)(4)(B)(vi), (5), 420A(a), Mar. 2, 2004, 118 Stat. 509, 527, 528, 531-533, 535; Pub. L. 113–67, div. A, title II, §204(a)(1), (b)(1), Dec. 26, 2013, 127 Stat. 1179, 1180; Pub. L. 113–270, §§3, 4, Dec. 18, 2014, 128 Stat. 2948, 2949; Pub. L. 114–74, title VIII, §831(a)(1), (2), (b)(1), (2), Nov. 2, 2015, 129 Stat. 611–613.)
The effective date of this sentence, referred to in subsec. (d)(7)(A), is the effective date of section 5 of Pub. L. 96–473, which added such sentence effective with respect to benefits payable for months beginning on or after October 1, 1980. See Effective Date of 1980 Amendments note below.
Section 212 of Public Law 93–66, referred to in subsecs. (e)(5)(B), (8), (f)(5)(B), (8), and (n)(4), is set out as a note under section 1382 of this title.
Section 102(g) of the Social Security Amendments of 1972, referred to in subsecs. (e)(6) and (f)(6), is section 102(g) of Pub. L. 92–603, Oct. 30, 1972, 86 Stat. 1329, which is set out as a Redetermination of Widow's and Widower's Benefits note under this section.
Paragraph (3) of subsec. (f), referred to in subsec. (f)(1), was redesignated par. (2) of subsec. (f) by Pub. L. 108–203, §418(b)(4)(A)(i). See 2004 Amendment note below.
Section 2201 of the Omnibus Budget Reconciliation Act of 1981, referred to in subsec. (i), is Pub. L. 97–35, title XXII, §2201, Aug. 13, 1981, 95 Stat. 830, which enacted section 1382k of this title, amended sections 402, 403, 415, 417, and 433 of this title, and enacted provisions set out as notes under sections 415 and 1382k of this title.
The Foreign Service Act of 1980, referred to in subsec. (k)(5)(A)(ii)(II), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, as amended. Subchapter II of chapter 8 of title I of the Act is classified generally to part II (§4071 et seq.) of subchapter VIII of chapter 52 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of Title 22 and Tables.
Clause (B) of subsection (f)(1) of this section as in effect prior to the Social Security Act Amendments of 1950, and subsection (g) of this section as in effect prior to the Social Security Act Amendments of 1950, referred to in subsec. (p), means such subsections as in effect prior to September 1, 1950, which was the effective date of section 101(a) of act Aug. 28, 1950. See section 101(b), (1), (3) of act Aug. 28, 1950, set out as an Effective Date of 1950 Amendment note below.
Subsection (c)(4) of this section, referred to in subsec. (s)(2), was redesignated subsec. (c)(3) by Pub. L. 108–203, §418(b)(2)(A). See 2004 Amendment note below.
Subsection (c)(6)(B) of section 416 of this title, referred to in subsec. (s)(3), was redesignated subsec. (c)(1)(F)(ii) of section 416 of this title by Pub. L. 108–203, §414(a)(1), (2), (4).
Subsection (g)(6)(B) of section 416 of this title, referred to in subsec. (s)(3), was redesignated subsec. (g)(1)(F)(ii) of section 416 of this title by Pub. L. 108–203, §414(b)(1), (2), (4).
The Railroad Retirement Act of 1937, referred to in subsec. (t)(4)(E), is act Aug. 29, 1935, ch. 812, 49 Stat. 867, as amended generally. See par. for Railroad Retirement Act of 1974 below.
The Railroad Retirement Act of 1974, referred to in subsec. (t)(4)(E), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93–445, title I, §101, Oct. 16, 1974, 88 Stat. 1305, which is classified generally to subchapter IV (§231 et seq.) of chapter 9 of Title 45, Railroads. Pub. L. 93–445 completely amended and revised the Railroad Retirement Act of 1937 (approved June 24, 1937, ch. 382, 50 Stat. 307), and as thus amended and revised, the 1937 Act was redesignated the Railroad Retirement Act of 1974. Previously, the 1937 Act had completely amended and revised the Railroad Retirement Act of 1935 (approved Aug. 29, 1935, ch. 812, 49 Stat. 967). Section 201 of the 1937 Act provided that the 1935 Act, as in force prior to amendment by the 1937 Act, may be cited as the Railroad Retirement Act of 1935; and that the 1935 Act, as amended by the 1937 Act may be cited as the Railroad Retirement Act of 1937. The Railroad Retirement Acts of 1935 and 1937 were classified to subchapter II (§215 et seq.) and subchapter III (§228a et seq.), respectively, of chapter 9 of Title 45. For further details and complete classification of these Acts to the Code, see Codification note set out preceding section 231 of Title 45, section 231t of Title 45, and Tables.
The month in which the Social Security Amendments of 1967 were enacted, referred to in the provisions following subsec. (t)(4)(E), is Jan. 1968, date of approval of Pub. L. 90–248.
The Internal Revenue Code of 1986, referred to in subsecs. (v) and (x)(3)(C), is classified generally to Title 26, Internal Revenue Code.
In subsec. (t)(4), (10), "sections 3329(a) and 3330(a) of title 31" substituted for "the first section of the Act of October 9, 1940 (31 U.S.C. 123)" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
2015—Subsec. (b)(1)(B). Pub. L. 114–74, §831(a)(2)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: "has attained age 62 or (in the case of a wife) has in her care (individually or jointly with such individual) at the time of filing such application a child entitled to a child's insurance benefit on the basis of the wages and self-employment income of such individual,".
Subsec. (c)(1)(B). Pub. L. 114–74, §831(a)(2)(B), added subpar. (B) and struck out former subpar. (B) which read as follows: "has attained age 62 or (in the case of a husband) has in his care (individually or jointly with such individual) at the time of filing such application a child entitled to child's insurance benefits on the basis of the wages and self-employment income of such individual,".
Subsec. (r)(1), (2). Pub. L. 114–74, §831(a)(1), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:
"(1) If the first month for which an individual is entitled to an old-age insurance benefit is a month before the month in which such individual attains retirement age (as defined in section 416(l) of this title), and if such individual is eligible for a wife's or husband's insurance benefit for such first month, such individual shall be deemed to have filed an application in such month for wife's or husband's insurance benefits.
"(2) If the first month for which an individual is entitled to a wife's or husband's insurance benefit reduced under subsection (q) of this section is a month before the month in which such individual attains retirement age (as defined in section 416(l) of this title), and if such individual is eligible (but for subsection (k)(4) of this section) for an old-age insurance benefit for such first month, such individual shall be deemed to have filed an application for old-age insurance benefits—
"(A) in such month, or
"(B) if such individual is also entitled to a disability insurance benefit for such month, in the first subsequent month for which such individual is not entitled to a disability insurance benefit."
Subsec. (w)(2)(B)(ii). Pub. L. 114–74, §831(b)(2), inserted "under subsection (z)" after "request".
Subsec. (z). Pub. L. 114–74, §831(b)(1), added subsec. (z).
2014—Subsec. (n)(2). Pub. L. 113–270, §4, amended par. (2) generally. Prior to amendment, par. (2) read as follows: "As soon as practicable after the removal of any individual under any of the paragraphs of section 1227(a) of title 8 (other than under paragraph (1)(C) of such section) or under section 1182(a)(6)(A) of title 8, the Attorney General or the Secretary of Homeland Security shall notify the Commissioner of Social Security of such removal."
Subsec. (n)(3). Pub. L. 113–270, §3(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "For purposes of paragraphs (1) and (2) of this subsection, an individual against whom a final order of removal has been issued under paragraph (4)(D) of section 1227(a) of title 8 (relating to participating in Nazi persecutions or genocide) shall be considered to have been removed under such paragraph (4)(D) as of the date on which such order became final."
Subsec. (n)(4). Pub. L. 113–270, §3(b), added par. (4).
2013—Subsec. (x)(3)(B)(i)(I). Pub. L. 113–67, §204(a)(1)(C), (D), inserted "dates of release or anticipated dates of release, dates of work release," after "confinement commencement dates," and "and clause (iv) of this subparagraph" after "paragraph (1)".
Pub. L. 113–67, §204(a)(1)(B), which directed amendment of subcl. (I) by substituting "or taxpayer identification numbers, prison assigned inmate numbers, last known addresses," for the comma after "social security account numbers", was executed by making the substitution for the comma after "Social Security account numbers" to reflect the probable intent of Congress.
Pub. L. 113–67, §204(a)(1)(A), inserted "first, middle, and last" before "names".
Subsec. (x)(3)(B)(iv). Pub. L. 113–67, §204(b)(1)(A), inserted before period at end ", for statistical and research activities conducted by Federal and State agencies, and to the Secretary of the Treasury for the purposes of tax administration, debt collection, and identifying, preventing, and recovering improper payments under federally funded programs".
Subsec. (x)(3)(B)(v). Pub. L. 113–67, §204(b)(1)(B), added cl. (v).
2004—Subsec. (b)(2). Pub. L. 108–203, §418(b)(1)(A), substituted "subsections (k)(5) and (q)" for "subsection (q) and paragraph (4) of this subsection".
Subsec. (b)(4), (5). Pub. L. 108–203, §418(b)(1)(B), redesignated par. (5) as (4) and struck out former par. (4), which related to reduction of a wife's insurance benefit for each month, in certain circumstances, by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to the wife for such month which is based upon her earnings while in the service of the Federal Government or any State or political subdivision thereof.
Subsec. (c)(2). Pub. L. 108–203, §418(b)(2), redesignated par. (3) as (2), substituted "subsections (k)(5) and (q)" for "subsection (q) and paragraph (2) of this subsection", and struck out former par. (2), which related to reduction of a husband's insurance benefit for each month, in certain circumstances, by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to the husband for such month which is based upon his earnings while in the service of the Federal Government or any State or political subdivision thereof.
Subsec. (c)(3) to (5). Pub. L. 108–203, §418(b)(2)(A), redesignated pars. (4) and (5) as (3) and (4), respectively. Former par. (3) redesignated (2).
Subsec. (d)(6)(B). Pub. L. 108–203, §420A(a), inserted "(i)" after "began" and added cl. (ii).
Subsec. (e)(2)(A). Pub. L. 108–203, §418(b)(3)(A), substituted "subsection (k)(5), subsection (q)," for "subsection (q), paragraph (7) of this subsection,".
Subsec. (e)(7) to (9). Pub. L. 108–203, §418(b)(3)(B), redesignated pars. (8) and (9) as (7) and (8), respectively, and struck out former par. (7), which related to reduction of a widow's insurance benefit for each month, in certain circumstances, by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to the widow for such month which is based upon her earnings while in the service of the Federal Government or any State or political subdivision thereof.
Subsec. (f)(1)(B)(ii). Pub. L. 108–203, §418(b)(4)(B)(i), substituted "paragraph (4)" for "paragraph (5)".
Subsec. (f)(1)(F). Pub. L. 108–203, §418(b)(4)(B)(ii), in cl. (i), substituted "paragraph (5)" for "paragraph (6)" and, in cl. (ii), substituted "paragraph (4)" for "paragraph (5)".
Subsec. (f)(2). Pub. L. 108–203, §418(b)(4)(A)(i), redesignated par. (3) as (2) and struck out former par. (2), which related to reduction of a widower's insurance benefit for each month, in certain circumstances, by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to the widower for such month which is based upon his earnings while in the service of the Federal Government or any State or political subdivision thereof.
Subsec. (f)(2)(A). Pub. L. 108–203, §418(b)(4)(A)(ii), substituted "subsection (k)(5), subsection (q)," for "subsection (q), paragraph (2) of this subsection,".
Subsec. (f)(3), (4). Pub. L. 108–203, §418(b)(4)(A)(i), redesignated pars. (4) and (5) as (3) and (4), respectively. Former par. (3) redesignated (2).
Subsec. (f)(5). Pub. L. 108–203, §418(b)(4)(A)(i), (B)(iii), redesignated par. (6) as (5) and substituted "paragraph (4)" for "paragraph (5)" in subpar. (A)(ii). Former par. (5) redesignated (4).
Subsec. (f)(6) to (9). Pub. L. 108–203, §418(b)(4)(A)(i), redesignated pars. (7) to (9) as (6) to (8), respectively. Former par. (6) redesignated (5).
Subsec. (g)(2). Pub. L. 108–203, §418(b)(5)(A), substituted "Such" for "Except as provided in paragraph (4) of this subsection, such".
Subsec. (g)(4). Pub. L. 108–203, §418(b)(5)(B), struck out par. (4), which related to reduction of a mother's or father's insurance benefit for each month, in certain circumstances, by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to the individual for such month which is based upon the individual's earnings while in the service of the Federal Government or any State or political subdivision thereof.
Subsec. (k)(2)(B). Pub. L. 108–203, §418(b)(4)(B)(iv), substituted "or (f)(3)" for "or (f)(4)" in two places.
Subsec. (k)(3)(A). Pub. L. 108–203, §418(b)(4)(B)(v), substituted "or (f)(2)" for "or (f)(3)".
Subsec. (k)(3)(B). Pub. L. 108–203, §418(b)(4)(B)(vi), substituted "or (f)(3)" for "or (f)(4)".
Subsec. (k)(5). Pub. L. 108–203, §418(a), added par. (5).
Subsec. (n). Pub. L. 108–203, §412(b)(1)(C), substituted "removal" for "deportation" in heading.
Subsec. (n)(1). Pub. L. 108–203, §412(b)(1)(B), substituted "removed" for "deported" in introductory provisions.
Pub. L. 108–203, §412(a)(1), substituted "section 1227(a) of title 8 (other than under paragraph (1)(C) of such section) or under section 1182(a)(6)(A) of title 8" for "section 1227(a) of title 8 (other than under paragraph (1)(C) or (1)(E) thereof)" in introductory provisions.
Subsec. (n)(1)(A). Pub. L. 108–203, §412(b)(2), inserted "or the Secretary of Homeland Security" after "the Attorney General".
Pub. L. 108–203, §412(b)(1)(B), substituted "removed" for "deported".
Subsec. (n)(2). Pub. L. 108–203, §412(b)(2), inserted "or the Secretary of Homeland Security" after "the Attorney General".
Pub. L. 108–203, §412(b)(1)(A), substituted "removal" for "deportation" in two places.
Pub. L. 108–203, §412(a)(2), substituted "section 1227(a) of title 8 (other than under paragraph (1)(C) of such section) or under section 1182(a)(6)(A) of title 8" for "section 1227(a) of title 8 (other than under paragraph (1)(C) or (1)(E) thereof)".
Subsec. (n)(3). Pub. L. 108–203, §412(a)(4), (b)(1)(A), (B), substituted "removed" for "deported" and "removal" for "deportation" and made technical amendment to reference in original act which appears in text as reference to section 1227(a) of title 8.
Pub. L. 108–203, §412(a)(3), substituted "paragraph (4)(D) of section 1227(a) of title 8 (relating to participating in Nazi persecutions or genocide) shall be considered to have been deported under such paragraph (4)(D)" for "paragraph (19) of section 1227(a) of title 8 (relating to persecution of others on account of race, religion, national origin, or political opinion, under the direction of or in association with the Nazi government of Germany or its allies) shall be considered to have been deported under such paragraph (19)".
Subsec. (x). Pub. L. 108–203, §203(a)(1), substituted "prisoners, certain other inmates of publicly funded institutions, fugitives, probationers, and parolees" for "prisoners and certain other inmates of publicly funded institutions" in heading.
Subsec. (x)(1)(A)(iv), (v). Pub. L. 108–203, §203(a)(2)–(4), added cls. (iv) and (v).
Subsec. (x)(1)(B)(iii), (iv). Pub. L. 108–203, §203(a)(5), added cls. (iii) and (iv).
Subsec. (x)(3)(C). Pub. L. 108–203, §203(a)(6), added subpar. (C).
2000—Subsec. (w)(2)(B)(ii). Pub. L. 106–182 substituted "or, if so entitled, did not receive benefits pursuant to a request by such individual that benefits not be paid" for "or suffered deductions under section 403(b) or 403(c) of this title in amounts equal to the amount of such benefit".
1999—Subsec. (w)(2)(B)(iii). Pub. L. 106–169 added cl. (iii).
Subsec. (x)(1)(A). Pub. L. 106–170, §402(b)(1)(A), substituted "ending with or during or beginning with or during a period of more than 30 days throughout all of which" for "during which" in introductory provisions.
Subsec. (x)(1)(A)(i). Pub. L. 106–170, §402(d)(1)(A), struck out "or" at end.
Pub. L. 106–170, §402(b)(1)(B), substituted "a criminal offense" for "an offense punishable by imprisonment for more than 1 year (regardless of the actual sentence imposed)".
Subsec. (x)(1)(A)(ii)(I). Pub. L. 106–170, §402(b)(1)(C), substituted "a criminal offense" for "an offense punishable by imprisonment for more than 1 year".
Subsec. (x)(1)(A)(ii)(IV). Pub. L. 106–170, §402(d)(1)(B), substituted ", or" for period at end.
Subsec. (x)(1)(A)(iii). Pub. L. 106–170, §402(d)(1)(C), added cl. (iii).
Subsec. (x)(1)(B)(ii). Pub. L. 106–170, §402(d)(2), substituted "clauses (ii) and (iii)" for "clause (ii)".
Subsec. (x)(3). Pub. L. 106–170, §402(a)(1), designated existing provisions as subpar. (A) and added subpar. (B).
1996—Subsec. (d)(1)(H). Pub. L. 104–121, §104(b)(1), added subpar. (H).
Subsec. (d)(4). Pub. L. 104–121, §104(a)(1), struck out "was living with or" before "was receiving at least one-half of his support".
Subsec. (d)(10). Pub. L. 104–121, §104(b)(2), added par. (10).
Subsec. (n). Pub. L. 104–208, §308(g)(1), substituted "section 1227(a)" for "section 1251(a)" in pars. (1) to (3).
Subsec. (y). Pub. L. 104–208, §503(a), added subsec. (y).
1994—Subsec. (b)(4)(A). Pub. L. 103–296, §308(a)(1), (2), transferred closing provision for cl. (ii), which read "unless subparagraph (B) applies.", to appear before "The amount" in closing provision for subpar. (A).
Subsec. (b)(4)(B). Pub. L. 103–296, §308(a)(3), designated existing provisions as cl. (ii) and added cl. (i).
Subsec. (b)(4)(C), (5)(A). Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary".
Subsec. (c)(2)(A). Pub. L. 103–296, §308(a)(1), (2), transferred closing provision for cl. (ii), which read "unless subparagraph (B) applies.", to appear before "The amount" in closing provision for subpar. (A).
Subsec. (c)(2)(B). Pub. L. 103–296, §308(a)(3), designated existing provisions as cl. (ii) and added cl. (i).
Subsec. (c)(2)(C), (5)(A). Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary".
Subsec. (d)(7)(A). Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary" and "the Commissioner" for "him".
Subsec. (d)(7)(B). Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary".
Subsec. (d)(8)(D)(ii). Pub. L. 103–296, §321(a)(2), inserted period at end and realigned margin.
Subsec. (e)(1)(C)(ii)(III), (5)(B). Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary" wherever appearing.
Subsec. (e)(7)(A). Pub. L. 103–296, §308(a)(1), (2), transferred closing provision for cl. (ii), which read "unless subparagraph (B) applies.", to appear before "The amount" in closing provision for subpar. (A).
Subsec. (e)(7)(B). Pub. L. 103–296, §308(a)(3), designated existing provisions as cl. (ii) and added cl. (i).
Subsec. (e)(7)(C), (9). Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary".
Subsec. (f)(1)(C)(ii)(III). Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary" in two places.
Subsec. (f)(2)(A). Pub. L. 103–296, §308(a)(1), (2), transferred closing provision for cl. (ii), which read "unless subparagraph (B) applies.", to appear before "The amount" in closing provision for subpar. (A).
Subsec. (f)(2)(B). Pub. L. 103–296, §308(a)(3), designated existing provisions as cl. (ii) and added cl. (i).
Subsec. (f)(2)(C), (6)(B), (9). Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary" wherever appearing.
Subsec. (g)(4)(A). Pub. L. 103–296, §308(a)(1), (2), transferred closing provision for cl. (ii), which read "unless subparagraph (B) applies.", to appear before "The amount" in closing provision for subpar. (A).
Subsec. (g)(4)(B). Pub. L. 103–296, §308(a)(3), designated existing provisions as cl. (ii) and added cl. (i).
Subsec. (g)(4)(C). Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary".
Subsecs. (i), (j)(1), (2), (5). Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary" wherever appearing.
Subsec. (n)(1). Pub. L. 103–296, §321(b)(1), made technical amendment to directory language of Pub. L. 101–649, §603(b)(5)(A). See 1990 Amendment note below.
Subsecs. (n)(1)(A), (2), (p). Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary" wherever appearing.
Subsec. (q)(1)(A). Pub. L. 103–296, §321(a)(3), struck out dash after "multiplied by" at end.
Subsec. (q)(5)(A)(i). Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary" in two places.
Subsec. (q)(9). Pub. L. 103–296, §321(a)(4), in introductory provisions substituted "paragraph (1)" for "parargaph (1)".
Subsec. (q)(9)(B). Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary".
Subsec. (t)(1)(A). Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary", "the Commissioner by" for "him by", and "the Commissioner's attention" for "his attention".
Subsec. (t)(2). Pub. L. 103–296, §107(a)(4), in introductory provisions substituted "Commissioner of Social Security" for "Secretary".
Subsec. (t)(4)(D). Pub. L. 103–296, §321(a)(5), inserted "if the" before "Secretary of Veterans Affairs determines that such" and before "Secretary of Veterans Affairs certifies to the".
Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary" before "his determinations with".
Subsecs. (t)(8), (u)(2). Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary" wherever appearing.
Subsec. (v)(1). Pub. L. 103–296, §321(c)(2)(A), substituted "Code of 1986" for "Code of 1954".
Subsec. (v)(3)(A). Pub. L. 103–296, §321(c)(2)(B), inserted "of the Internal Revenue Code of 1986" after "3127".
Subsec. (x). Pub. L. 103–387, §4(a)(1), inserted "and certain other inmates of publicly funded institutions" in heading.
Subsec. (x)(1). Pub. L. 103–387, §4(a)(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "Notwithstanding any other provision of this subchapter, no monthly benefits shall be paid under this section or under section 423 of this title to any individual for any month during which such individual is confined in a jail, prison, or other penal institution or correctional facility, pursuant to his conviction of an offense which constituted a felony under applicable law, unless such individual is actively and satisfactorily participating in a rehabilitation program which has been specifically approved for such individual by a court of law and, as determined by the Commissioner of Social Security, is expected to result in such individual being able to engage in substantial gainful activity upon release and within a reasonable time."
Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary".
Subsec. (x)(3). Pub. L. 103–387, §4(a)(3), substituted "any individual who is confined as described in paragraph (1) if the confinement is under the jurisdiction of such agency and the Commissioner of Social Security requires such information to carry out the provisions of this section" for "any individual who is confined in a jail, prison, or other penal institution or correctional facility under the jurisdiction of such agency, pursuant to his conviction of an offense which constituted a felony under applicable law, which the Commissioner of Social Security may require to carry out the provisions of this subsection".
Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary" in two places.
1991—Subsec. (o). Pub. L. 102–40 substituted "section 5105 of title 38" for "section 3005 of title 38".
Subsec. (t)(4)(D). Pub. L. 102–54 substituted "Secretary of Veterans Affairs" for "Administrator of Veterans' Affairs" before "determines was", "Secretary of Veterans Affairs" for "if the Administrator" before "determines that", and "Secretary of Veterans Affairs" for "if the Administrator" before "certifies".
1990—Subsec. (e)(5). Pub. L. 101–508, §5103(c)(2)(A), designated existing provision as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, in cl. (ii) substituted "(I)" and "(II)" for "(i)" and "(ii)", respectively, and added subpar. (B).
Subsec. (e)(9). Pub. L. 101–508, §5103(d)(1), added par. (9).
Subsec. (f)(6). Pub. L. 101–508, §5103(c)(2)(B), designated existing provision as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, in cl. (ii) substituted "(I)" and "(II)" for "(i)" and "(ii)", respectively, and added subpar. (B).
Subsec. (f)(9). Pub. L. 101–508, §5103(d)(2), added par. (9).
Subsec. (j)(4)(A). Pub. L. 101–508, §5116(a)(1), substituted "if the amount of the monthly benefit to which such individual would otherwise be entitled for any such month would be subject to reduction pursuant to subsection (q)" for "if the effect of entitlement to such benefit would be to reduce, pursuant to subsection (q), the amount of the monthly benefit to which such individual would otherwise be entitled for the month in which such application is filed".
Subsec. (j)(4)(B)(i). Pub. L. 101–508, §5116(a)(2), redesignated cl. (ii) as (i) and struck out former cl. (i) which read as follows: "If the individual applying for retroactive benefits is applying for such benefits under subsection (a) of this section, and there are one or more other persons who would (except for subparagraph (A)) be entitled for any month, on the basis of the wages and self-employment income of such individual and because of such individual's entitlement to such retroactive benefits, to retroactive benefits under subsection (b), (c), or (d) of this section not subject to reduction under subsection (q) of this section, then subparagraph (A) shall not apply with respect to such month or any subsequent month."
Subsec. (j)(4)(B)(ii) to (v). Pub. L. 101–508, §5116(a)(2), redesignated cls. (iii) and (v) as (ii) and (iii), respectively, and struck out cl. (iv) which read as follows: "If the individual applying for retroactive benefits has excess earnings (as defined in section 403(f) of this title) in the year in which he or she files an application for such benefits which could, except for subparagraph (A), be charged to months in such year prior to the month of application, then subparagraph (A) shall not apply to so many of such months immediately preceding the month of application as are required to charge such excess earnings to the maximum extent possible." Former cl. (ii) redesignated (i).
Subsec. (n)(1). Pub. L. 101–649, §603(b)(5)(A), as amended by Pub. L. 103–296, §321(b)(1), substituted "under section 1251(a) of title 8 (other than under paragraph (1)(C) or (1)(E) thereof)" for "under paragraph (1), (2), (4), (5), (6), (7), (10), (11), (12), (14), (15), (16), (17), (18), or (19) of section 1251(a) of title 8".
Subsec. (n)(2). Pub. L. 101–649, §603(b)(5)(B), substituted "(other than under paragraph (1)(C) or (1)(E) thereof)" for "enumerated in paragraph (1) in this subsection".
1989—Subsec. (d)(8). Pub. L. 101–239, §10301(b), struck out at end "In the case of a child who was born in the one-year period during which such child must have been living with and receiving at least one-half of his support from such individual, such child shall be deemed to meet such requirements for such period if, as of the close of such period, such child has lived with such individual in the United States and received at least one-half of his support from such individual for substantially all of the period which begins on the date of birth of such child."
Subsec. (d)(8)(D). Pub. L. 101–239, §10301(a), inserted "and" after comma at end of cl. (i), added cl. (ii), and struck out former cls. (ii) and (iii) which related to children living with such individual in the United States and receiving at least one-half of support from such individual and who had not attained the age of 18 before living with such individual.
Subsec. (j)(5). Pub. L. 101–239, §10302(a)(1), added par. (5).
Subsec. (q)(3). Pub. L. 101–239, §10203(a), redesignated subpar. (H) as (E) and struck out former subpars. (E), (F), and (G) which related to reductions in benefits for individuals entitled to both old-age and widow's or widower's insurance, reductions in benefits for individuals age 62 or over who are entitled to both disability insurance and widow's or widower's insurance, and reductions in benefits for individuals under age 62 who are entitled to both disability insurance and widow's or widower's insurance.
1988—Subsecs. (b)(4)(A)(ii)(II), (c)(2)(A)(ii)(II). Pub. L. 100–647, §8014(a), substituted "the Federal Employees' Retirement System provided in chapter 84 of title 5 or the Foreign Service Pension System provided in subchapter II of chapter 8 of title I of the Foreign Service Act of 1980" for "chapter 84 of title 5".
Subsec. (e)(1)(C). Pub. L. 100–647, §8010(a)(1), (2), redesignated former cl. (ii) as (iii), added cls. (i) and (ii), and struck out former cl. (i) which read as follows: "has filed application for widow's insurance benefits, or was entitled to wife's insurance benefits, on the basis of the wages and self-employment income of such individual, for the month preceding the month in which he died, and (I) has attained retirement age (as defined in section 416(l) of this title) or (II) is not entitled to benefits under subsection (a) of this section or section 423 of this title, or".
Subsec. (e)(7)(A)(ii)(II). Pub. L. 100–647, §8014(a), substituted "the Federal Employees' Retirement System provided in chapter 84 of title 5 or the Foreign Service Pension System provided in subchapter II of chapter 8 of title I of the Foreign Service Act of 1980" for "chapter 84 of title 5".
Subsec. (e)(8). Pub. L. 100–647, §8010(a)(3), added par. (8).
Subsec. (f)(1)(C). Pub. L. 100–647, §8010(b)(1), (2), redesignated former cl. (ii) as (iii), added cls. (i) and (ii), and struck out former cl. (i) which read as follows: "has filed application for widower's insurance benefits or was entitled to husband's insurance benefits, on the basis of the wages and self-employment income of such individual, for the month preceding the month in which she died, and (I) has attained retirement age (as defined in section 416(l) of this title) or (II) is not entitled to benefits under subsection (a) of this section or section 423 of this title, or".
Subsec. (f)(2)(A)(ii)(II). Pub. L. 100–647, §8014(a), substituted "the Federal Employees' Retirement System provided in chapter 84 of title 5 or the Foreign Service Pension System provided in subchapter II of chapter 8 of title I of the Foreign Service Act of 1980" for "chapter 84 of title 5".
Subsec. (f)(8). Pub. L. 100–647, §8010(b)(3), added par. (8).
Subsec. (g)(4)(A)(ii)(II). Pub. L. 100–647, §8014(a), substituted "the Federal Employees' Retirement System provided in chapter 84 of title 5 or the Foreign Service Pension System provided in subchapter II of chapter 8 of title I of the Foreign Service Act of 1980" for "chapter 84 of title 5".
Subsec. (n)(1). Pub. L. 100–647, §8004(a), inserted reference to par. (19) of section 1251(a) of title 8 in introductory provisions.
Subsec. (n)(3). Pub. L. 100–647, §8004(b), added par. (3).
Subsec. (v). Pub. L. 100–647, §8007(b), designated existing provisions as par. (1), inserted "and subject to paragraph (3)," after "Notwithstanding any other provisions of this subchapter,", struck out "; except that, if thereafter such individual's tax exemption under such section 1402(g) ceases to be effective, such waiver shall cease to be applicable in the case of benefits and other payments under this subchapter and part A of subchapter XVIII of this chapter to the extent based on his self-employment income for and after the first taxable year for which such tax exemption ceases to be effective and on his wages for and after the calendar year (if any) which begins in or with the beginning of such taxable year" after "the filing of such waiver", and added pars. (2) and (3).
1987—Subsec. (b)(4). Pub. L. 100–203, §9007(a), added subpars. (A) and (B), redesignated former subpar. (B) as (C), and struck out former subpar. (A) which read as follows: "The amount of a wife's insurance benefit for each month as determined after application of the provisions of subsections (q) and (k) of this section shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to such wife (or divorced wife) for such month which is based upon her earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 418(b)(2) of this title) if, on the last day she was employed by such entity, such service did not constitute 'employment' as defined in section 410 of this title for purposes of this subchapter. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10."
Subsec. (c)(2). Pub. L. 100–203, §9007(b), added subpars. (A) and (B), redesignated former subpar. (B) as (C), and struck out former subpar. (A) which read as follows: "The amount of a husband's insurance benefit for each month as determined after application of the provisions of subsections (q) and (k) of this section shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to such husband (or divorced husband) for such month which is based upon his earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 418(b)(2) of this title) if, on the last day he was employed by such entity, such service did not constitute 'employment' as defined in section 410 of this title for purposes of this subchapter. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10."
Subsec. (d)(1)(G)(i). Pub. L. 100–203, §9010(b), substituted "36 months" for "15 months".
Subsec. (e)(1). Pub. L. 100–203, §9010(c), substituted "36 months" for "15 months" in subcl. (II) of last sentence.
Subsec. (e)(7). Pub. L. 100–203, §9007(c), added subpars. (A) and (B), redesignated former subpar. (B) as (C), and struck out former subpar. (A) which read as follows: "The amount of a widow's insurance benefit for each month as determined (after application of the provisions of subsections (q) and (k) of this section, paragraph (2)(D), and paragraph (3)) shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to such widow (or surviving divorced wife) for such month which is based upon her earnings while in the service of the Federal Government or any State (or any political subdivision thereof, as defined in section 418(b)(2) of this title) if, on the last day she was employed by such entity, such service did not constitute 'employment' as defined in section 410 of this title for purposes of this subchapter. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10."
Subsec. (f)(1). Pub. L. 100–203, §9010(d), substituted "36 months" for "15 months" in subcl. (II) of last sentence.
Subsec. (f)(2). Pub. L. 100–203, §9007(d), added subpars. (A) and (B), redesignated former subpar. (B) as (C), and struck out former subpar. (A) which read as follows: "The amount of a widower's insurance benefit for each month (as determined after application of the provisions of subsections (k) and (q) of this section, paragraph (3)(D), and paragraph (4)) shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to such widower for such month which is based upon his earnings while in the service of the Federal Government or any State (or any political subdivision thereof, as defined in section 418(b)(2) of this title) if, on the last day he was employed by such entity, such service did not constitute 'employment' as defined in section 410 of this title for purposes of this subchapter. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10."
Subsec. (g)(4). Pub. L. 100–203, §9007(e), added subpars. (A) and (B), redesignated former subpar. (B) as (C), and struck out former subpar. (A) which read as follows: "The amount of a mother's or father's insurance benefit for each month to which any individual is entitled under this subsection (as determined after application of subsection (k) of this section) shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to such individual for such month which is based upon such individual's earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 418(b)(2) of this title) if, on the last day such individual was employed by such entity, such service did not constitute 'employment' as defined in section 410 of this title for purposes of this subchapter. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10."
1986—Subsec. (c)(5)(B). Pub. L. 99–514, §1883(a)(1), substituted "or (J)" for "or (I)".
Subsec. (d)(6)(E). Pub. L. 99–272, §12107(a), substituted "the termination month (as defined in paragraph (1)(G)(i)), subject to section 423(e) of this title," for "the third month following the month in which he ceases to be under such disability".
Subsec. (d)(8)(D)(ii)(III). Pub. L. 99–272, §12104(a), inserted "or great-grandchild" after "grandchild".
Subsec. (q)(5)(A)(i). Pub. L. 99–514, §1883(a)(2), substituted "prescribed by the Secretary" for "prescribed by him".
Subsec. (q)(5)(C). Pub. L. 99–514, §1883(a)(3), which directed substitution of "he or she shall be deemed" for "she shall be deemed" was not executed because of prior amendment substituting "he or she" for "she" by Pub. L. 98–21, §309(c)(4). See 1983 Amendment note below.
1984—Subsec. (a). Pub. L. 98–369, §2662(c)(1), made a clarifying amendment to Pub. L. 98–21, §201(c)(1)(A). See 1983 Amendment note below.
Subsec. (c)(1). Pub. L. 98–369, §2661(b)(1)(A), (B), substituted "retirement age (as defined in section 416(l) of this title)" for "age 65" in cls. (i) and (ii)(I) of provisions following subpar. (D) and preceding subpar. (E).
Pub. L. 98–369, §2661(b)(1)(C), substituted "in which" for "to which" in provisions following cl. (ii) of provisions following subpar. (D) and preceding subpar. (E).
Subsec. (c)(5)(A). Pub. L. 98–369, §2661(b)(2), substituted "clauses (i) and (ii)" for "classes (i) and (ii)".
Subsec. (d)(1). Pub. L. 98–369, §2663(a)(2)(A)(i), substituted "subparagraphs" for "paragraphs" and "subparagraph" for "paragraph" in cl. (ii) of provisions following subpar. (C) and preceding subpar. (D).
Subsec. (d)(1)(G). Pub. L. 98–369, §2663(a)(2)(A)(ii), in restructuring subpar. (G), struck out the comma after "age of 18", substituted a dash for a comma after "the age of 22", substituted "(i) the termination month, subject to section 423(e) of this title (and for purposes" for ", or, subject to section 423(e) of this title, the termination month (and for purposes", and inserted closing parenthesis after "activity" and substituted "(ii)" and "(iii)" for "(III)" and "(IV)", respectively.
Subsec. (d)(7)(A). Pub. L. 98–369, §2663(a)(2)(A)(iii), substituted "the effective date of this sentence" for "the date of enactment of this paragraph".
Subsec. (e)(1). Pub. L. 98–369, §2663(a)(2)(B), in provisions following subpar. (F)(ii), struck out first of two commas following "age 60" and substituted "she engages" for "he engages".
Subsec. (e)(2)(A). Pub. L. 98–369, §2661(c)(1), substituted "paragraph (7) of this subsection" for "paragraph (8) of this subsection".
Subsec. (e)(2)(C). Pub. L. 98–369, §2661(c)(2), struck out the period after "If such deceased individual" and inserted a closing parenthesis after "paragraph (3) of such subsection (w)".
Subsec. (e)(7)(A). Pub. L. 98–369, §2661(c)(3), substituted "paragraph (2)(D)" for "paragraph (2)(B)".
Subsec. (f)(1). Pub. L. 98–369, §2663(a)(2)(C), struck out the first of two commas after "age 60" in provisions following subpar. (F).
Subsec. (f)(1)(C)(ii). Pub. L. 98–369, §2661(d)(1), substituted "retirement age (as defined in section 416(l) of this title)" for "age 65".
Subsec. (f)(2)(A). Pub. L. 98–369, §2661(d)(2), substituted "paragraph (3)(D)" for "paragraph (3)(B)".
Subsec. (f)(3)(C). Pub. L. 98–369, §2661(d)(3), struck out the period after "If such deceased individual".
Subsec. (f)(3)(D)(i). Pub. L. 98–369, §2663(a)(2)(D), struck out the semicolon after "applicable,".
Subsec. (i). Pub. L. 98–369, §2663(a)(2)(E), amended language being deleted by Pub. L. 97–35, §2202(a)(1). See 1981 Amendment note below.
Subsec. (q)(3)(E). Pub. L. 98–369, §2662(c)(1), made a clarifying amendment to Pub. L. 98–21, §201(c)(1)(A). See 1983 Amendment note below.
Subsec. (q)(3)(G). Pub. L. 98–369, §2663(a)(2)(F)(i), substituted "if the period" for "as if the period".
Subsec. (q)(7)(E). Pub. L. 98–369, §2663(a)(2)(F)(ii), substituted "she or he attained retirement age" for "he attained retirement age".
Subsec. (q)(9)(B)(i). Pub. L. 98–369, §2661(e), substituted "section 416(l) of this title" for "section 416(a) of this title".
Subsec. (t)(4)(E). Pub. L. 98–369, §2663(a)(2)(G), inserted "of 1937 or 1974" after "Railroad Retirement Act" the first place it appears and substituted references to section 5(k)(1) of the Railroad Retirement Act of 1937 and section 18(2) of the Railroad Retirement Act of 1974 for reference to section 5(k)(1) of the Railroad Retirement Act.
Subsec. (u)(1)(B). Pub. L. 98–369, §2663(a)(2)(H), struck out ", 822, or 823" after "section 783".
1983—Subsec. (a). Pub. L. 98–21, §201(c)(1)(A), as amended by Pub. L. 98–369, §2662(c)(1), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 or the age of 65, wherever appearing.
Subsec. (b)(1). Pub. L. 98–21, §201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 in two places.
Subsec. (b)(3). Pub. L. 98–21, §307(a), struck out exception in provisions following subpar. (B) that, in the case of such a marriage to an individual entitled to benefits under subsection (d) of this section, the preceding provisions of this paragraph would not apply with respect to benefits for months after the last month for which such individual was entitled to such benefits under subsection (d) of this section unless he ceased to be so entitled by reason of his death.
Subsec. (b)(3)(A). Pub. L. 98–21, §§301(a)(7), 309(a), inserted references to subsecs. (c) and (g), respectively.
Subsec. (b)(4)(A). Pub. L. 98–21, §337(a), substituted "by an amount equal to two-thirds of the amount of any monthly periodic benefit" for "by an amount equal to the amount of any monthly periodic benefit", and inserted provision that the amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.
Pub. L. 97–455, §7(c), inserted "for purposes of this subchapter" after "as defined in section 410 of this title".
Subsec. (b)(5). Pub. L. 98–21, §132(a), added par. (5).
Subsec. (c)(1). Pub. L. 98–21, §301(a)(1), inserted "and every divorced husband (as defined in section 416(d) of this title)" before "of an individual", and "or such divorced husband" after "if such husband" in provisions preceding subpar. (A).
Pub. L. 98–21, §306(d), in provisions following subpar. (D) and preceding subpar. (E), inserted "(subject to subsection (s))" after "be entitled to".
Pub. L. 98–21, §201(c)(1)(A), which directed the substitution of "retirement age (as defined in section 416(l) of this title" for "age 65" in provisions following subpar. (D) and preceding subpar. (E) was executed to those provisions after the execution of the amendment by section 301(a)(2)(C) of Pub. L. 98–21 as the probable intent of Congress.
Pub. L. 98–21, §301(a)(2)(C), amended provisions following subpar. (D) generally, inserting references to a divorced husband and to subpar. (D), designating existing provisions as subpars. (E) to (G) and (I) and (J), adding subpar. (H), and revising subpar. (G).
Subsec. (c)(1)(B). Pub. L. 98–21, §306(e), inserted alternative provisions relating to the case of a husband.
Subsec. (c)(1)(C). Pub. L. 98–21, §301(a)(2)(A), (B), added subpar. (C) and redesignated former subpar. (C) as (D).
Subsec. (c)(1)(D). Pub. L. 98–21, §301(a)(8), substituted "such individual" for "his wife" after "amount of".
Pub. L. 98–21, §301(a)(2)(B), redesignated former subpar. (C) as (D).
Subsec. (c)(1)(I) to (K). Pub. L. 98–21, §306(f), added subpar. (I), and redesignated subpars. (I) and (J), as added by section 301(a)(2)(C) of Pub. L. 98–21, as (J) and (K).
Subsec. (c)(2)(A). Pub. L. 98–21, §337(a), substituted "by an amount equal to two-thirds of the amount of any monthly periodic benefit" for "by an amount equal to the amount of any monthly periodic benefit", and inserted provision that the amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.
Pub. L. 98–21, §301(a)(6), inserted "(or divorced husband)" after "payable to such husband".
Subsec. (c)(3). Pub. L. 98–21, §301(a)(3), inserted "(or, in the case of a divorced husband, his former wife)" before "for such month".
Subsec. (c)(4), (5). Pub. L. 98–21, §301(a)(4), (5), added pars. (4) and (5).
Subsec. (d)(5). Pub. L. 98–21, §307(a), struck out exception in provisions following subpar. (B) that in the case of such a marriage to a male individual entitled to benefits under section 423(a) of this title or this subsection, the preceding provisions of this paragraph would not apply with respect to benefits for months after the last month for which such individual was entitled to such benefits under section 423(a) of this title or this subsection unless he ceased to be so entitled by reason of his death, or in the case of an individual entitled to benefits under section 423(a) of this title, he was entitled, for the month following such last month, to benefits under subsection (a) of this section.
Subsec. (d)(5)(A). Pub. L. 98–21, §301(a)(9), inserted reference to subsec. (c).
Subsec. (d)(8)(D)(ii)(II). Pub. L. 98–21, §201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 in two places.
Subsec. (e)(1). Pub. L. 98–21, §201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 in provisions following subpar. (F).
Pub. L. 98–21, §133(a)(2)(A), inserted "(as determined after application of subparagraphs (B) and (C) of paragraph (2))" after "primary insurance amount" in provisions following subpar. (F).
Subsec. (e)(1)(B)(ii). Pub. L. 98–21, §131(a)(3)(B), substituted reference to par. (4) for reference to par. (5).
Subsec. (e)(1)(C). Pub. L. 98–21, §201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 in two places.
Subsec. (e)(1)(D). Pub. L. 98–21, §133(a)(2)(A), inserted "(as determined after application of subparagraphs (B) and (C) of paragraph (2))" after "primary insurance amount".
Subsec. (e)(1)(F)(i). Pub. L. 98–21, §131(a)(3)(C), substituted reference to par. (5) for reference to par. (6).
Subsec. (e)(1)(F)(ii). Pub. L. 98–21, §131(a)(3)(C), substituted reference to par. (4) for reference to par. (5).
Subsec. (e)(2)(A). Pub. L. 98–21, §133(a)(1)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "Except as provided in subsection (q) of this section, paragraph (7) of this subsection, and subparagraph (B) of this paragraph, such widow's insurance benefit for each month shall be equal to the primary insurance amount (as determined after application of the following sentence) of such deceased individual. If such deceased individual was (or upon application would have been) entitled to an old-age insurance benefit which was increased (or subject to being increased) on account of delayed retirement under the provisions of subsection (w) of this section, then, for purposes of this subsection, such individual's primary insurance amount, if less than the old-age insurance benefit (increased, where applicable, under section 415(f)(5), 415(f)(6), or 415(f)(9)(B) of this title and under section 415(i) of this title as if such individual were still alive in the case of an individual who has died) which he was receiving (or would upon application have received) for the month prior to the month in which he died, shall be deemed to be equal to such old-age insurance benefit, and (notwithstanding the provisions of paragraph (3) of subsection (w) of this section the number of increment months shall include any month in the months of the calendar year in which he died, prior to the month in which he died, which satisfy the conditions in paragraph (2) of subsection (w) of this section."
Pub. L. 98–21, §131(a)(3)(D), substituted reference to par. (7) for reference to par. (8).
Pub. L. 98–21, §113(d), substituted "section 415(f)(5), 415(f)(6), or 415(f)(9)(B)" for "section 415(f)(5) or (6)".
Subsec. (e)(2)(B). Pub. L. 98–21, §133(a)(1)(A), added subpar. (B) and redesignated former subpar. (B) as (D).
Subsec. (e)(2)(B)(i). Pub. L. 98–21, §113(d), substituted "section 415(f)(5), 415(f)(6), or 415(f)(9)(B)" for "section 415(f)(5) or (6)".
Subsec. (e)(2)(C), (D). Pub. L. 98–21, §133(a)(1), added subpar. (C) and redesignated former subpar. (B) as (D).
Subsec. (e)(2)(D)(ii). Pub. L. 98–21, §133(a)(2)(B), inserted "(as determined without regard to subparagraph (C))" after "primary insurance amount".
Subsec. (e)(3). Pub. L. 98–21, §131(a)(1)–(3)(A), redesignated par. (4) as (3) and substituted provision that, for purposes of par. (1), if (A) a widow or surviving divorced wife marries after attaining age 60 (or after attaining age 50 if she was entitled before such marriage occurred to benefits based on disability under this subsection, or (B) a disabled widow or disabled surviving divorced wife described in paragraph (1)(B)(ii) marries after attaining age 50, such marriage shall be deemed not to have occurred, for provision that if a widow, after attaining age 60, married, such marriage would for purposes of par. (1) be deemed not to have occurred. Former par. (3), which provided that if a widow before attaining age 60, or a surviving divorced wife, married (A) an individual entitled to benefits under subsec. (f) or (h), or (B) an individual who had attained the age of eighteen and was entitled to benefits under subsec. (d), such widow's or surviving divorced wife's entitlement to benefits under this subsection would, notwithstanding the provisions of par. (1) of this subsection, but subject to subsec. (s), not be terminated by reason of such marriage, except that, in the case of such a marriage to an individual entitled to benefits under subsec. (d), the preceding provisions of this paragraph would not apply with respect to benefits for months after the last month for which such individual was entitled to such benefits under subsec. (d) unless he ceased to be so entitled by reason of his death, was struck out.
Subsec. (e)(4). Pub. L. 98–21, §131(a)(3)(A), redesignated par. (5) as (4). Former par. (4) redesignated (3).
Subsec. (e)(5). Pub. L. 98–21, §131(a)(3)(A), (E), redesignated par. (6) as (5) and substituted reference to par. (4) for reference to par. (5). Former par. (5) redesignated (4).
Subsec. (e)(7)(A). Pub. L. 98–21, §337(a), substituted "by an amount equal to two-thirds of the amount of any monthly periodic benefit" for "by an amount equal to the amount of any monthly periodic benefit", and inserted provision that the amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.
Pub. L. 98–21, §131(a)(3)(F), substituted reference to par. (3) for reference to par. (4).
Subsec. (e)(8). Pub. L. 98–21, §131(a)(3)(A), redesignated par. (8) as (7).
Subsec. (e)(8)(A). Pub. L. 97–455, §7(c), inserted "for purposes of this subchapter" after "as defined in section 410 of this title".
Subsec. (f)(1). Pub. L. 98–21, §301(b)(1), inserted "and every surviving divorced husband (as defined in section 416(d) of this title)" before "of an individual", and "or such surviving divorced husband" after "if such widower" in provisions preceding subpar. (A).
Pub. L. 98–21, §301(b)(2), substituted "such deceased individual" for "his deceased wife" in provisions following subpar. (F).
Pub. L. 98–21, §201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 in provisions following subpar. (F).
Pub. L. 98–21, §133(b)(2)(A), inserted "(as determined after application of subparagraphs (B) and (C) of paragraph (3))" after "primary insurance amount" in provisions following subpar. (F).
Subsec. (f)(1)(A). Pub. L. 98–21, §302, substituted "is not married" for "has not remarried".
Subsec. (f)(1)(B)(ii). Pub. L. 98–21, §131(b)(3)(B), substituted reference to par. (5) for reference to par. (6).
Subsec. (f)(1)(C)(i). Pub. L. 98–21, §306(g), designated existing provisions as cl. (i).
Pub. L. 98–21, §201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65.
Subsec. (f)(1)(C)(ii). Pub. L. 98–21, §201(c)(1)(A), which directed the substitution of "retirement age (as defined in section 416(l) of this title)" for "age 65" in cl. (ii) was executed to those provisions after the execution of section 306(g) of Pub. L. 98–21 as the probable intent of Congress.
Pub. L. 98–21, §306(g), added cl. (ii).
Subsec. (f)(1)(D). Pub. L. 98–21, §301(b)(2), substituted "such deceased individual" for "his deceased wife".
Pub. L. 98–21, §133(b)(2)(A), inserted "(as determined after application of subparagraphs (B) and (C) of paragraph (3))" after "primary insurance amount".
Subsec. (f)(1)(F)(i). Pub. L. 98–21, §131(b)(3)(C), substituted reference to par. (6) for reference to par. (7).
Subsec. (f)(1)(F)(ii)(I). Pub. L. 98–21, §131(b)(3)(C), substituted reference to par. (5) for reference to par. (6).
Subsec. (f)(2)(A). Pub. L. 98–21, §337(a), substituted "by an amount equal to two-thirds of the amount of any monthly periodic benefit" for "by an amount equal to the amount of any monthly periodic benefit", and inserted provision that the amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.
Pub. L. 98–21, §131(b)(3)(D), substituted reference to par. (4) for reference to par. (5).
Subsec. (f)(3)(A). Pub. L. 98–21, §133(b)(1)(B), amended subpar. (A) generally. Prior to the amendment subpar. (A) read as follows: "Except as provided in subsection (q) of this section, paragraph (2) of this subsection, and subparagraph (B) of this paragraph, such widower's insurance benefit for each month shall be equal to the primary insurance amount (as determined after application of the following sentence) of his deceased wife. If such deceased individual was (or upon application would have been) entitled to an old-age insurance benefit which was increased (or subject to being increased) on account of delayed retirement under the provisions of subsection (w) of this section, then, for purposes of this subsection, such individual's primary insurance amount, if less than the old-age insurance benefit (increased, where applicable, under section 415(f)(5), 415(f)(6), or 415(f)(9)(B) of this title and under section 415(i) of this title as if such individual were still alive in the case of an individual who has died) which she was receiving (or would upon application have received) for the month prior to the month in which she died, shall be deemed to be equal to such old-age insurance benefit, and (notwithstanding the provisions of paragraph (3) of subsection (w) of this section) the number of increment months shall include any month in the months of the calendar year in which she died, prior to the month in which she died, which satisfy the conditions in paragraph (2) of subsection (w) of this section."
Subsec. (f)(3)(B). Pub. L. 98–21, §133(b)(1), added subpar. (B) and redesignated former subpar. (B) as (D).
Pub. L. 98–21, §113(d), substituted "section 415(f)(5), 415(f)(6), or 415(f)(9)" for "section 415(f)(5) or (6)".
Subsec. (f)(3)(B)(ii)(II). Pub. L. 98–21, §301(b)(3), inserted "or surviving divorced husband" after "widower".
Subsec. (f)(3)(C). Pub. L. 98–21, §133(b)(1)(B), added subpar. (C).
Subsec. (f)(3)(D). Pub. L. 98–21, §301(b)(4), inserted "or surviving divorced husband" after "widower" wherever appearing.
Pub. L. 98–21, §301(b)(5), substituted "individual" for "wife" wherever appearing.
Pub. L. 98–21, §133(b)(1)(A), redesignated former subpar. (B) as (D).
Subsec. (f)(3)(D)(ii). Pub. L. 98–21, §133(b)(2)(B), inserted "(as determined without regard to subparagraph (C))" after "primary insurance amount".
Subsec. (f)(4). Pub. L. 98–21, §301(b)(4), inserted "or surviving divorced husband" after "widower" in two places.
Pub. L. 98–21, §131(b)(1)–(3)(A), redesignated par. (5) as (4), and amended par. (4) as so redesignated generally, substituting provision that for purposes of par. (1), if a widower married after attaining age 60 (or after attaining age 50 if entitled before such marriage occurred to benefits based on disability under this subsection), or a disabled widower described in paragraph (1)(B)(ii) married after attaining age 50, such marriage would be deemed not to have occurred, for provision that if a widower married after attaining age 60, such marriage would be deemed not to have occurred for purposes of par. (1). Former par. (4), which had provided that if a widower, before attaining age 60, remarried an individual entitled to benefits under subsec. (b), (e), (g), or (h) or an individual who had attained the age of eighteen and was entitled to benefits under subsec. (d), such widower's entitlement to benefits under this subsection would, notwithstanding the provisions of par. (1) of this subsection but subject to subsec. (s), not be terminated by reason of such marriage, was struck out.
Subsec. (f)(5). Pub. L. 98–21, §301(b)(4), inserted "or surviving divorced husband" after "widower" in provisions preceding subpar. (A).
Pub. L. 98–21, §131(b)(3)(A), redesignated par. (6) as (5). Former par. (5) redesignated (4).
Subsec. (f)(5)(B), (C). Pub. L. 98–21, §306(h), added subpar. (B) and redesignated former subpar. (B) as (C).
Subsec. (f)(6). Pub. L. 98–21, §301(b)(4), inserted "or surviving divorced husband" after "widower".
Pub. L. 98–21, §131(b)(3)(A), (E), redesignated par. (7) as (6) and substituted reference to par. (5) for reference to par. (6). Former par. (6) redesignated (5).
Subsec. (f)(7), (8). Pub. L. 98–21, §131(b)(3)(A), redesignated par. (8) as (7). Former par. (7) redesignated (6).
Subsec. (g). Pub. L. 98–21, §306(a)(7), inserted "or father's" after "mother's" wherever appearing.
Subsec. (g)(1). Pub. L. 98–21, §306(a)(8), struck out "after August 1950" after "beginning with the first month" in provisions following subpar. (F).
Pub. L. 98–21, §306(a)(1), (2), (5), (6), substituted "surviving spouse" for "widow", "surviving spouse's" for "widow's", "he or she" for "she", and "parent" for "mother", wherever appearing.
Subsec. (g)(1)(D). Pub. L. 98–21, §306(a)(3), substituted "a spouse's insurance benefit" for "wife's insurance benefits" and "such individual" for "he".
Subsec. (g)(1)(E), (F)(i). Pub. L. 98–21, §306(a)(4), substituted "his or her" for "her".
Subsec. (g)(3). Pub. L. 98–21, §307(a), struck out exception in provisions following subpar. (B) that in the case of such a marriage to an individual entitled to benefits under section 423(a) of this title or subsec. (d), the preceding provisions of this paragraph would not apply with respect to benefits for months after the last month for which such individual was entitled to such benefits under section 423(a) of this title or subsec. (d) unless he ceased to be so entitled by reason of his death, or in the case of an individual entitled to benefits under section 423(a) of this title, he was entitled, for the month following such last month, to benefits under subsec. (a).
Pub. L. 98–21, §306(a)(1), (6), substituted "surviving spouse" for "widow" and "parent" for "mother" wherever appearing.
Subsec. (g)(3)(A). Pub. L. 98–21, §306(a)(9)(B), inserted reference to this subsection and subsecs. (b) and (e).
Pub. L. 98–21, §301(b)(6), inserted reference to subsec. (c).
Subsec. (g)(4)(A). Pub. L. 98–21, §337(a), substituted "by an amount equal to two-thirds of the amount of any monthly periodic benefit" for "by an amount equal to the amount of any monthly periodic benefit", and inserted provision that the amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10.
Subsec. (h)(4). Pub. L. 98–21, §307(a), struck out exception in provisions following subpar. (B) that in the case of such a marriage to a male individual entitled to benefits under subsec. (d), the preceding provisions of this paragraph would not apply with respect to benefits for months after the last month for which such individual was entitled to such benefits under subsec. (d) unless he ceased to be so entitled by reason of his death.
Subsec. (h)(4)(A). Pub. L. 98–21, §301(b)(7), inserted reference to subsec. (c).
Subsec. (j)(4)(B)(iii) to (v). Pub. L. 98–21, §334(a), added cl. (iii) and redesignated former cls. (iii) and (iv) as (iv) and (v), respectively.
Subsec. (k)(2)(B), (3)(B). Pub. L. 98–21, §131(b)(3)(F), (G), substituted references to subsecs. (e)(3) and (f)(4) for references to subsecs. (e)(4) and (f)(5), respectively, wherever appearing.
Subsec. (m). Pub. L. 98–21, §§111(a)(7), 134(b), in par. (1) substituted "November" for "May" and in par. (2)(B) substituted "subsection (q)(6)(B)" for "subsection (q)(6)(A)(ii)", as subsec. (m) [notwithstanding its repeal by Pub. L. 97–35] continues to apply in certain cases by reason of section 2(j)(2)–(4) of Pub. L. 97–123, set out as an Effective Date of 1981 Amendment note under section 415 of this title. As thus amended subsec. (m) would read as follows:
"(1) In any case in which an individual is entitled to a monthly benefit under this section on the basis of a primary insurance amount computed under section 415(a) or (d) of this title, as in effect after December 1978, on the basis of the wages and self-employment income of a deceased individual for any month and no other person is (without the application of subsection (j)(1) of this section) entitled to a monthly benefit under this section for that month on the basis of such wages and self-employment income, the individual's benefit amount for that month, prior to reduction under subsection (k)(3) of this section, shall not be less than that provided by subparagraph (C)(1)(I) of section 415(a)(1) of this title and increased under section 415(i) of this title for months after November of the year in which the insured individual died as though such benefit were a primary insurance amount.
"(2) In the case of any such individual who is entitled to a monthly benefit under subsection (e) or (f) of this section, such individual's benefit amount, after reduction under subsection (q)(1) of this section, shall be not less than—
"(A) $84.50, if his first month of entitlement to such benefit is the month in which such individual attained age 62 or a subsequent month, or
"(B) $84.50 reduced under subsection (q)(1) of this section as if retirement age as specified in subsection (q)(6)(B) of this section were age 62 instead of the age specified in subsection (q)(9) of this section, if his first month of entitlement to such benefit is before the month in which he attained age 62.
"(3) In the case of any individual whose benefit amount was computed (or recomputed) under the provisions of paragraph (2) and such individual was entitled to benefits under subsection (e) or (f) of this section for a month prior to any month after 1972 for which a general benefit increase under this subchapter (as defined in section 415(i)(3) of this title) or a benefit increase under section 415(i) of this title becomes effective, the benefit amount of such individual as computed under paragraph (2) without regard to the reduction specified in subparagraph (B) thereof shall be increased by the percentage increase applicable for such benefit increase, prior to the application of subsection (q)(1) of this section pursuant to paragraph (2)(B) and subsection (q)(4) of this section."
Subsec. (q)(1). Pub. L. 98–21, §201(b)(2), substituted "Subject to paragraph (9), if" for "If" at beginning of par. (1).
Pub. L. 98–21, §134(a)(1), struck out provisions following subpar. (B)(ii) which directed that in the case of a widow or widower whose first month of entitlement to a widow's or widower's insurance benefit was a month before the month in which such widow or widower attained age 60, such benefit, reduced pursuant to preceding provisions of this paragraph (and before the application of the second sentence of paragraph (8)), had to be further reduced by 43/240 of 1 percent of the amount of such benefit, multiplied by the number of months in the additional reduction period for such benefit (determined under paragraph (6)(B)), if such benefit was for a month before the month in which such individual attained age 62, or if less, the number of months in the additional adjusted reduction period for such benefit (determined under paragraph (7)), if such benefit was for the month in which such individual attained age 62 or any month thereafter.
Subsec. (q)(1)(B)(i). Pub. L. 98–21, §134(a)(2)(C), substituted "paragraph (6)" for "paragraph (6)(A)".
Subsec. (q)(2). Pub. L. 98–21, §201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65.
Subsec. (q)(3)(A)(i). Pub. L. 98–21, §201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65.
Subsec. (q)(3)(E). Pub. L. 98–21, §309(b), inserted "or surviving divorced husband" after "widower".
Pub. L. 98–21, §201(c)(1)(A), as amended by Pub. L. 98–369, §2662(c)(1), substituted reference to retirement age as defined in section 416(l) of this title for reference to the age of 65.
Subsec. (q)(3)(E)(ii). Pub. L. 98–21, §134(a)(2)(C), substituted "paragraph (6)" for "paragraph (6)(A)".
Subsec. (q)(3)(F). Pub. L. 98–21, §309(b), inserted "or surviving divorced husband" after "widower".
Subsec. (q)(3)(F)(ii)(I). Pub. L. 98–21, §134(a)(2)(C), substituted "paragraph (6)" for "paragraph (6)(A)".
Subsec. (q)(3)(G). Pub. L. 98–21, §309(b), inserted "or surviving divorced husband" after "widower".
Pub. L. 98–21, §134(a)(2)(B), substituted "paragraph (6)" for "paragraph (6)(A) (or, if such paragraph does not apply, the period specified in paragraph (6)(B))".
Subsec. (q)(5). Pub. L. 98–21, §309(c)(4), substituted "he or she" for "she" wherever appearing.
Pub. L. 98–21, §309(c)(1), inserted "or husband's" after "wife's" wherever appearing.
Subsec. (q)(5)(A)(i). Pub. L. 98–21, §309(c)(2), substituted "him or her" for "her".
Subsec. (q)(5)(A)(ii). Pub. L. 98–21, §309(c)(3), substituted "the" for "her" after "income".
Subsec. (q)(5)(B)(ii). Pub. L. 98–21, §309(c)(6), substituted "the individual" for "the woman".
Subsec. (q)(5)(C). Pub. L. 98–21, §309(c)(6), substituted "an individual" for "a woman".
Pub. L. 98–21, §309(c)(5), substituted "his or her" for "her".
Pub. L. 98–21, §201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65 wherever appearing.
Subsec. (q)(5)(D). Pub. L. 98–21, §309(c)(7), inserted "or widower's" after "widow's", substituted "spouse" for "husband" wherever appearing, substituted "spouse's" for "husband's" wherever appearing, and inserted "or father's" after "mother's".
Pub. L. 98–21, §309(c)(5), substituted "his or her" for "her" in three places.
Subsec. (q)(6). Pub. L. 98–21, §134(a)(2)(A), amended par. (6) generally, striking out subpar. designation "(A)" after "this subsection" and redesignated cl. (i) as subpar. (A), in subpar. (A) as so redesignated, redesignated subcls. (I) to (III) as cls. (i) to (iii), respectively, redesignated former cl. (ii) as subpar. (B), and struck out former subpar. (B), which had provided that the "additional reduction period" for an individual's widow's or widower's insurance benefit was the period beginning with the first day of the first month for which such individual was entitled to such benefit, but only if such individual had not attained age 60 in such first month, and ending with the last day of the month before the month in which such individual attained age 60.
Subsec. (q)(6)(A)(i). Pub. L. 98–21, §309(d)(1), struck out "or husband's" after "old-age".
Subsec. (q)(6)(A)(ii). Pub. L. 98–21, §309(d)(1), inserted "or husband's" after "wife's".
Subsec. (q)(7). Pub. L. 98–21, §134(a)(3), amended provisions preceding subpar. (A) generally, substituting reference to par. (6) for reference to par. (6)(A), and striking out provision that the additional adjusted reduction period for an individual's, widow's, or widower's insurance benefit was the additional reduction period prescribed by par. (6)(B) for such benefit, with the same exclusions as from the adjusted reduction period.
Subsec. (q)(7)(B). Pub. L. 98–21, §309(d)(2)(A), inserted "or husband's" after "wife's", substituted "such individual" for "she", and inserted "his or" before "her".
Subsec. (q)(7)(D). Pub. L. 98–21, §309(d)(2)(B), inserted "or widower's" after "widow's".
Subsec. (q)(9). Pub. L. 98–21, §201(b)(1), amended par. (9) generally, substituting provisions defining the amount of reduction for early retirement specified in par. (1) for provision that, for purposes of this subsection, the term "retirement age" meant age 65.
Subsec. (q)(10). Pub. L. 98–21, §134(a)(4)(A), in that part of second sentence preceding cl. (A) struck out "or an additional adjusted reduction period" after "the use of an adjusted reduction period".
Subsec. (q)(10)(B)(i). Pub. L. 98–21, §134(a)(4)(B), struck out ", plus the number of months in the adjusted additional reduction period multiplied by 43/240 of 1 percent" before "to (ii)".
Subsec. (q)(10)(B)(ii). Pub. L. 98–21, §134(a)(4)(C), struck out "plus the number of months in the additional reduction period multiplied by 43/240 of 1 percent," after "1 percent".
Subsec. (q)(10)(C). Pub. L. 98–21, §201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65.
Subsec. (q)(10)(C)(i). Pub. L. 98–21, §134(a)(4)(B), struck out ", plus the number of months in the adjusted additional reduction period multiplied by 43/240 of 1 percent" before "to (ii)".
Subsec. (q)(10)(C)(ii). Pub. L. 98–21, §134(a)(4)(D), struck out "plus the number of months in the adjusted additional reduction period multiplied by 43/240 of 1 percent." after "1 percent,".
Subsec. (r)(1), (2). Pub. L. 98–21, §201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65.
Subsec. (s)(1). Pub. L. 98–21, §309(e)(1), inserted reference to subsec. (c)(1).
Pub. L. 98–21, §131(c)(1), substituted "So much of subsections (b)(3), (d)(5), (g)(3), and (h)(4)" for "Subsection (f)(4), and so much of subsections (b)(3), (d)(5), (e)(3), (g)(3), and (h)(4)".
Subsec. (s)(3). Pub. L. 98–21, §309(e)(3), substituted "The last sentence" for "So much of subsections (b)(3), (d)(5), (g)(3), and (h)(4) of this section as follows the semicolon, the last sentence".
Pub. L. 98–21, §131(c)(2), struck out "(e)(3)," after "(d)(5),".
Subsec. (t)(2), (4). Pub. L. 98–21, §340(b), substituted "Subject to paragraph (11), paragraph (1)" for "Paragraph (1)".
Subsec. (t)(11). Pub. L. 98–21, §340(a)(2), added par. (11).
Subsec. (w)(1)(A). Pub. L. 98–21, §114(a), substituted a definition of the multiplicand as the applicable percentage (as determined under paragraph (6)) of such amount for a definition of the multiplicand as 1/12 of 1 percent of such amount, or, in the case of an individual who first becomes eligible for an old-age insurance benefit after December 1978, one-quarter of 1 percent of such amount.
Subsec. (w)(2)(A). Pub. L. 98–21, §201(c)(1)(A), substituted reference to retirement age as defined in section 416(l) of this title for reference to age 65.
Pub. L. 98–21, §114(c)(1), substituted "age 70" for "age 72".
Subsec. (w)(3). Pub. L. 98–21, §114(c)(1), substituted "age 70" for "age 72".
Subsec. (w)(6). Pub. L. 98–21, §114(b), added par. (6).
Subsec. (x). Pub. L. 98–21, §339(a), added subsec. (x).
1981—Subsec. (a). Pub. L. 97–35, §2203(a), substituted in provision following par. (3) provision specifying the beginning month of entitlement in the case of an individual who has attained age 65 and in the case of an individual who has attained the age of 62, but not the age of 65, for provision specifying the beginning month of entitlement as the first month after August 1950 in which the individual becomes entitled.
Subsec. (b)(1). Pub. L. 97–35, §2203(b)(1), substituted in provision following subpar. (D) provision specifying the beginning month of entitlement in the case of a wife or divorced wife who has attained the age of 65 and in the case of a wife or divorced wife who has not attained the age of 65 or of an individual entitled to disability insurance benefits for provision specifying the beginning month of entitlement as the first month the wife or divorced wife becomes so entitled to such benefits.
Subsec. (c)(1). Pub. L. 97–35, §2203(c)(1), substituted in provision following subpar. (C) provision specifying the beginning month of entitlement in the case of a husband who has attained the age of 65 and in the case of a husband who has not attained the age of 65 or of an individual entitled to disability benefits for provision specifying the beginning month of entitlement as the first month after August 1950 in which he becomes entitled to benefits.
Subsec. (d)(1). Pub. L. 97–35, §§2203(d)(1), 2210(a)(1), (5)(A), substituted in subpars. (B)(i), (E)(ii), (F)(i), and (G)(III) "full-time elementary or secondary school student" for "full-time student", in subpars. (B)(i), (F)(ii), and (G)(IV) "19" for "22", and in provision following subpar. (C) provision specifying the beginning month of entitlement in the case of a child of an individual who has died and of a child of an individual entitled to an old-age insurance benefit or a disability insurance benefit for provision specifying the beginning month of entitlement as the first month after August 1950 in which such child becomes entitled to benefits.
Subsec. (d)(6)(A). Pub. L. 97–35, §2210(a)(5)(B), substituted "full-time elementary or secondary school student and has not attained the age of 19, or (ii) is under a disability (as defined in section 423(d) of this title) and has not attained the age of 22" for "full-time student or is under a disability (as defined in section 423(d) of this title), and (ii) had not attained the age of 22".
Subsec. (d)(6)(D), (E). Pub. L. 97–35, §2210(a)(1), (5)(A), substituted in cl. (i) "full-time elementary or secondary school student" for "full-time student" and in cl. (ii) "19" for "22".
Subsec. (d)(7)(A). Pub. L. 97–35, §§2203(d)(2), 2210(a)(1), (2), substituted "full-time elementary or secondary school student" for "full-time student" wherever appearing, "elementary or secondary school" for "educational institution" wherever appearing, and "schools involved" for "institutions involved" and inserted provision that an individual who is determined to be a full-time elementary or secondary school student be deemed to be such a student throughout the month with respect to which such determination is made.
Subsec. (d)(7)(B). Pub. L. 97–35, §2210(a)(1), (2)(A), substituted "full-time elementary or secondary school student" for "full-time student" and "elementary or secondary school" for "educational institution" wherever appearing.
Subsec. (d)(7)(C). Pub. L. 97–35, §2210(a)(3), substituted provision defining "elementary or secondary school" and provision that for the purpose of determining whether a child is a "full-time elementary or secondary school student" or "intends to continue to be in full-time attendance at an elementary or secondary school" there be disregarded any education provided, or to be provided, beyond grade 12 for provision defining the term "educational institution".
Subsec. (d)(7)(D). Pub. L. 97–35, §2210(a)(1), (2)(A), (4), (5)(A), substituted "19" for "22", "full-time elementary or secondary school student" for "full-time student", "diploma or equivalent certificate from a secondary school (as defined in subparagraph (C)(i))" for "degree from a four-year college or university", and "elementary or secondary school" for "educational institution".
Subsec. (i). Pub. L. 97–35, §2201(f), inserted in provision preceding par. (1) "(as determined without regard to the amendments made by section 2201 of the Omnibus Budget Reconciliation Act of 1981, relating to repeal of the minimum benefit provisions)".
Pub. L. 97–35, §2202(a)(1), as amended by Pub. L. 98–369, §2663(a)(2)(E), substituted in par. (1) provision that a qualifying widow or widower be paid for provision that unpaid burial expenses to a funeral home be paid and in par. (2) provision for payment in the event that no one qualifies or if the person entitled dies before receiving payment for provision for payment if all burial expenses incurred by or through a funeral home were paid, and struck out pars. (3) and (4), which provided for payment if the body of the insured is not available for burial but expenses were incurred for a memorial marker, service, etc., and for distribution of any amounts remaining available after payments under this subsection were made, respectively, and struck out "(except a payment authorized pursuant to clause (1)(A) of the preceding sentence)" after "No payment".
Subsec. (m). Pub. L. 97–35, §2201(b)(10), struck out subsec. (m) which related to the minimum survivor's benefit.
Subsec. (q)(4). Pub. L. 97–123, §2(e)(1), substituted "increased" and "increase" for "changed" and "change", respectively, wherever appearing.
Pub. L. 97–35, §2201(d)(1), substituted "changed" and "change" for "increased" and "increase", respectively, wherever appearing.
Subsec. (q)(8). Pub. L. 97–35, §2206(b)(1), substituted "before application of" for "after application of" and "increased to the next higher" for "reduced to the next lower".
Subsec. (q)(10). Pub. L. 97–123, §2(e)(2), substituted "increased", "increase", and "increases" for "changed", "change", and "changes", respectively, wherever appearing.
Pub. L. 97–35, §2201(d)(2), substituted "changed", "change", and "changes" for "increased", "increase" and "increases", respectively, wherever appearing.
Subsec. (s)(1). Pub. L. 97–35, §2205(a)(1), substituted "the age of 16" for "the age of 18".
Subsec. (w)(1), (5). Pub. L. 97–35, §2201(b)(11), substituted "section 415(a)(1)(C)(i) of this title" for "section 415(a)(1)(C)(i)(II) of this title".
1980—Subsec. (d)(1)(G). Pub. L. 96–265, §303(b)(1)(B), inserted provisions relating to an individual's termination month, including cls. (I) and (II), and redesignated existing cls. (i) and (ii) as cls. (III) and (IV), respectively.
Subsec. (d)(7)(A). Pub. L. 96–473, §5(b), inserted provisions relating to individuals confined in a jail, prison, or other penal institutional or correctional facility.
Subsec. (e)(1). Pub. L. 96–265, §303(b)(1)(C), in provisions following subpar. (F)(ii), inserted provisions relating to the termination month.
Subsec. (e)(2)(B)(i). Pub. L. 96–473, §6(a), struck out second comma after "where applicable", which had been inserted by Pub. L. 95–216, §204(b). See 1977 Amendment note below.
Subsec. (f)(1). Pub. L. 96–265, §303(b)(1)(D), in provisions following subpar. (F)(ii), inserted provisions relating to the termination month.
Subsec. (j)(1). Pub. L. 96–499 designated existing provisions in part as subpar. (A) and expanded such provisions and added subpar. (B).
Subsec. (j)(2). Pub. L. 96–265, §306(a), inserted provisions relating to limitations on the prospective effects of applications.
1978—Subsec. (v). Pub. L. 95–600 substituted "1402(g)" for "1402(h)".
1977—Subsec. (b)(1)(G). Pub. L. 95–216, §337(b), substituted "10" for "20".
Subsec. (b)(2). Pub. L. 95–216, §334(a)(1), inserted reference to par. (4) of this subsection.
Subsec. (b)(4). Pub. L. 95–216, §334(a)(2), added par. (4).
Subsec. (c)(1). Pub. L. 95–216, §334(b)(1), in subpar. (B) inserted "and" after "62,", struck out subpar. (C) which related to support payment requirements for the husband, and redesignated former subpar. (D) as (C).
Subsec. (c)(2). Pub. L. 95–216, §334(b)(2), substituted provisions relating to reduction of the amount of the husband's insurance benefit for each month as determined after application of the provisions of subsecs. (q) and (k) of this section for provisions relating to applicability of provisions of former subsec. (c)(1)(C) of this section, as subject to subsec. (s) of this section.
Subsec. (c)(3). Pub. L. 95–216, §334(b)(3), inserted reference to par. (2) of this subsection.
Subsec. (e)(2)(A). Pub. L. 95–216, §§204(a), 334(c)(1), 336(a)(1), inserted "(as determined after application of the following sentence)" after "primary insurance amount", provisions relating to entitlement of the deceased to an old-age insurance benefit which was increased or was to be increased on account of delayed retirement, and reference to par. (8) of this subsection, and struck out reference to par. (4) of this subsection.
Subsec. (e)(2)(B)(i). Pub. L. 95–216, §204(b), substituted "living and section 415(f)(5) or (6) of this title were applied, where applicable,, and" for "living, and". See 1980 Amendment note above.
Subsec. (e)(3). Pub. L. 95–216, §336(a)(2), substituted "If a widow, before attaining age 60, or a surviving divorced wife," for "In the case of a widow or surviving divorced wife who".
Subsec. (e)(4). Pub. L. 95–216, §336(a)(3), struck out reference to an individual (other than one described in subsec. (e)(3)(A) or (B) of this section) as the husband, and provisions relating to benefits during the marriage.
Subsec. (e)(8). Pub. L. 95–216, §334(c)(2), added par. (8).
Subsec. (f)(1). Pub. L. 95–216, §334(d)(1), struck out subpar. (D) which related to receipt of support by the widower in accordance with regulations promulgated by the Secretary, and redesignated former subpars. (E) to (G) as (D) to (F), respectively.
Subsec. (f)(2). Pub. L. 95–216, §334(d)(2), substituted provisions relating to reduction of the amount of the widower's insurance benefit for each month as determined after application of the provisions of subsecs. (k) and (q) of this section and pars. (3)(B) and (5) of this subsec., for provisions relating to applicability of former subsec. (f)(1)(D) of this section, as subject to subsec. (s) of this section.
Subsec. (f)(3)(A). Pub. L. 95–216, §§204(c), 334(d)(3), 336(b)(1), inserted "(as determined after application of the following sentence)" after "primary insurance amount", inserted provisions relating to entitlement of the deceased to an old-age insurance benefit which was increased or was to be increased on account of delayed retirement, and substituted reference to par. (2) of this subsection for reference to par. (5) of this subsection.
Subsec. (f)(3)(B). Pub. L. 95–216, §204(d), inserted reference to section 415(f)(5) or (6) of this title in cl. (i).
Subsec. (f)(4). Pub. L. 95–216, §336(b)(2), substituted "If a widower, before attaining age 60," for "In the case of a widower who".
Subsec. (f)(5). Pub. L. 95–216, §336(b)(3), struck out reference to an individual (other than one described in subsec. (f)(4)(A) or (B) of this section) as the wife, and provisions relating to benefits during the marriage.
Subsec. (f)(7). Pub. L. 95–216, §334(d)(4)(A), substituted "(F)" for "(G)".
Subsec. (g)(2). Pub. L. 95–216, §334(e)(1), substituted "Except as provided in paragraph (4) of this subsection, such" for "Such".
Subsec. (g)(4). Pub. L. 95–216, §334(e)(2), added par. (4).
Subsec. (j)(1). Pub. L. 95–216, §332(a)(1), substituted "Subject to the limitations contained in paragraph (4), an" for "An".
Subsec. (j)(4). Pub. L. 95–216, §332(a)(2), added par. (4).
Subsec. (m)(1). Pub. L. 95–216, §205(a), substituted provisions relating to entitlement to monthly benefits under this section on the basis of primary insurance amounts computed under section 415(a) or (d) of this title as in effect after Dec., 1978, for provisions relating to entitlement to monthly benefits under this section on the basis of wages and self-employment income of deceased individuals for any month.
Subsec. (p)(1). Pub. L. 95–216, §334(d)(5), struck out references to subsecs. (c)(1)(C) and (f)(1)(D)(i) or (ii) of this section.
Subsec. (q)(3)(H). Pub. L. 95–216, §331(c)(2), inserted "for that month or" after "first entitled".
Subsec. (q)(4). Pub. L. 95–216, §331(a), substituted provisions setting forth factors for the computation of the amount of the reduction of the benefit for each month beginning with the month of the increase in the primary insurance amount, after application of any adjustment under par. (7) of this subsec., for provisions setting forth factors for the computation of the amount of the reduction of the benefit for each month.
Subsec. (q)(7)(C). Pub. L. 95–216, §331(c)(1), substituted "of the occurrence of an event that terminated her or his entitlement to such benefits" for "the spouse on whose wages and self-employment income such benefits were based ceased to be under a disability".
Subsec. (q)(10), (11). Pub. L. 95–216, §331(b), added pars. (10) and (11).
Subsec. (s)(3). Pub. L. 95–216, §334(d)(6), substituted "So" for "Subsections (c)(2)(B) and (f)(2)(B) of this section, so".
Subsec. (u)(1)(C). Pub. L. 95–216, §353(f)(1), substituted "year" for "quarter" wherever appearing.
Subsec. (w)(1). Pub. L. 95–216, §§203(1), 205(b)(1), substituted "The amount of an old-age insurance benefit (other than a benefit based on a primary insurance amount determined under section 415(a)(3) of this title as in effect in December 1978 or section 415(a)(1)(C)(i)(II) of this title as in effect thereafter) which is payable without regard to this subsection to an individual" for "If the first month for which an old-age insurance benefit becomes payable to an individual is not earlier than the month in which such individual attains age 65 (or his benefit payable at such age is not reduced under subsection (q) of this section), the amount of the old-age insurance benefit (other than a benefit based on a primary insurance amount determined under section 415(a)(3) of this title) which is payable without regard to this subsection to such individual".
Subsec. (w)(1)(A). Pub. L. 95–216, §203(2), inserted provision relating to individuals eligible after Dec., 1978.
Subsec. (w)(5). Pub. L. 95–216, §205(b)(2), (3), inserted "as in effect in December 1978, or section 415(a)(1)(C)(i)(II) of this title as in effect thereafter," after "(3) of section 415(a) of this title" and "(whether before, in, or after December 1978)" after "under section 415(a) of this title".
1974—Subsec. (l). Pub. L. 93–445 substituted "annuity under section 2 of the Railroad Retirement Act of 1974, or to a lump-sum payment under section 6(b) of such Act, with respect to the death of an employee (as defined in such Act)" for "annuity under section 5 of the Railroad Retirement Act of 1937 or to a lump-sum payment under subsection (f)(1) of such section with respect to the death of an employee (as defined in such Act)".
1973—Subsec. (d)(8)(D)(ii). Pub. L. 93–66 added item (III).
Subsec. (e)(7). Pub. L. 93–233, §1(f), added par. (7).
Subsec. (f)(8). Pub. L. 93–233, §1(g), added par. (8).
Subsec. (w)(5). Pub. L. 93–233, §18(b), added par. (5).
1972—Subsec. (a). Pub. L. 92–603, §103(b), inserted reference to subsection (w) of this section.
Subsec. (b)(1). Pub. L. 92–603, §114(a), struck out subpar. (D) which covered support aspects involved with a divorced wife and redesignated subpars. (E) through (L) and subpars. (D) through (K), respectively.
Subsec. (d)(1). Pub. L. 92–603, §§108(a)–(c), 112(a), substituted "age of 22" for "age of eighteen" in subpar. (B)(ii), struck out provisions covering adoption in subpar. (D), inserted "but only if he was not under a disability (as so defined) in such earlier month" in subpar. (F), substituted "age of 18, or if he was not under a disability (as so defined) at such time but was under a disability (as so defined) at or prior to the time he attained (or would attain) the age of 22" for "age of 18" and inserted "but only if he was not under a disability (as so defined) in such earlier month" after "attains the age of 22" in subpar. (G), and inserted provision prohibiting payments under par. (1) to a child who would not meet the definition of disability in section 423(d) of this title except for par. (1)(B) thereof for any month in which he engages in substantial gainful activity.
Subsec. (d)(6). Pub. L. 92–603, §108(d), designated existing provisions as subpars. (A), (C), and (D), added subpars. (B) and (E), inserted "or is under a disability (as defined in section 423(d) of this title)" in subpar. (A)(i) as so redesignated, and inserted "but only if he is not under a disability (as so defined) in such earlier month" in subpar. (D)(ii) as so redesignated.
Subsec. (d)(7). Pub. L. 92–603, §109(a), added subpar. (D).
Subsec. (d)(8). Pub. L. 92–603, §111(a), combined into par. (8) the provisions formerly set out in both pars. (8) and (9) covering adoptions by disability and old-age insurance beneficiaries and struck out provisions covering supervision of an adoption by a public or private child placement agency and provisions covering a special category of adoptions during the 24–month period beginning with the month after the month in which the individual most recently became entitled to disability insurance benefits or became entitled to old-age insurance benefits.
Subsec. (d)(9). Pub. L. 92–603, §113(b), added par. (9). Former par. (9) incorporated, as amended, into par. (8).
Subsec. (e)(1). Pub. L. 92–603, §§102(a)(1), 114(b)(1), struck out subpar. (D) which covered support aspects involved with a surviving divorced wife and redesignated subpars. (E) through (G) as subpars. (D) through (F), respectively, substituted "the primary insurance amount" for "82½ percent of the primary insurance amount" in subpar. (D) and in the provisions following subpar. (F), substituted "entitled to wife's insurance benefits," for "entitled, after attainment of age 62, to wife's insurance benefits," in subpar. (C)(i), inserted "and (I) has attained age 65 or (II) is not entitled to benefits under subsection (a) or section 423 of this title," at end of subpar. (C)(i), and substituted "age 65" for "age 62" in subpar. (C)(ii) and in provisions following subpar. (F).
Subsec. (e)(2). Pub. L. 92–603, §102(a)(2), designated existing provisions as subpar. (A), added subpar. (B), in subpar. (A) as so designated inserted reference to subpar. (B) of this par., and substituted "the primary insurance amount" for "82½ percent of the primary amount".
Subsec. (e)(6). Pub. L. 92–603, §§114(b)(2), 116(b), substituted "five", "seventeenth", and "fifth" for "six", "eighteenth", and "sixth", respectively, and "paragraph (1)(F)" for "paragraph (1)(G)".
Subsec. (f)(1). Pub. L. 92–603, §§102(b)(1), 107(a)(1), (2), substituted "age 60" for "age 62" in subpar. (B), substituted "the primary insurance amount" for "82½ percent of the primary insurance amount" in subpar. (E) and provisions following subpar. (G), inserted "and (I) has attained age 65 or (II) is not entitled to benefits under subsection (a) or section 423 of this title," at end of subpar. (C), and substituted "age 65" for "age 62" and inserted ", if he became entitled to such benefits before he attained age 60," before "the third month" in provisions following subpar. (G).
Subsec. (f)(3). Pub. L. 92–603, §102(b)(2), designated existing provisions as subpar. (A), added subpar. (B), in subpar. (A) as so designated inserted reference to subpar. (B) of this par., and substituted "the primary insurance amount" for "82½ percent of the primary amount".
Subsec. (f)(5). Pub. L. 92–603, §107(a)(3), substituted "the age of 60" for "the age of 62".
Subsec. (f)(6). Pub. L. 92–603, §107(a)(1), substituted "age 60" for "age 62".
Subsec. (f)(7). Pub. L. 92–603, §116(c), substituted "five", "seventeenth", and "fifth" for "six", "eighteenth", and "sixth", respectively.
Subsec. (g)(1)(F). Pub. L. 92–603, §114(c), struck out cl. (i) covering the support aspects of a surviving divorced mother and redesignated cl. (ii) and (iii) as cl. (i) and (ii), respectively.
Subsec. (k)(2)(A). Pub. L. 92–603, §110(a), inserted provisions establishing exceptions to rule that a child's benefits in the case where the child is entitled on more than one wage record shall be based on wages and self-employment of the insured individual with greatest primary insurance amount.
Subsec. (k)(3)(A). Pub. L. 92–603, §102(d), inserted reference to subsection (e)(2) or (f)(3) of this section.
Subsec. (m). Pub. L. 92–603, §102(f), amended subsec. (m) generally to increase the minimums on survivor's benefits.
Subsec. (q)(1). Pub. L. 92–603, §102(e)(1), generally provided for an increase in widow's and widower's insurance benefits through the insertion of provisions covering such benefits in subpar. (A), and in provisions preceding subpar. (C), and through the substitution of a 43/240 fraction in subpar. (C) for a 43/198 fraction.
Subsec. (q)(3). Pub. L. 92–603, §102(e)(2), (5), redesignated existing provisions of subpars. (E)(ii) and (F)(ii) as subcls. (I) and (II) and in subcls. (I) of each such subpar. as so redesignated substituted "would be reduced under paragraph (1) if the period specified in paragraph (6)(A) ended with the month before the month in which she or he attained age 62" for "was reduced for the month in which such individual attained retirement age", substituted in subpar. (G) "as if the period specified in paragraph (6)(A) (or, if such paragraph does not apply, the period specified in paragraph (6)(B)) ended with the month before" for "had such individual attained age 62 in", and added subpar. (H).
Subsec. (q)(7). Pub. L. 92–603, §102(e)(3), divided existing source references for "adjusted reduction period" and "additional adjusted reduction period" into separate references to subpars. (A) and (B) of par. (6) in the provisions preceding subpar. (A) and, in subpar. (E), substituted "attained age 62, and also for any later month before the month in which he attained retirement age," for "attained retirement age".
Subsec. (q)(9). Pub. L. 92–603, §102(e)(4), struck out provisions which had set age 62 as the meaning of "retirement age" with respect to a widow's and widower's insurance benefits.
Subsec. (s). Pub. L. 92–603, §108(e), struck out "which began before he attained such age" after "disability (as defined in section 423(d) of this title)" in par. (1) and struck out "which began before such child attained the age of 18" after "disability (as defined in section 423(d) of this title)" in pars. (2) and (3).
Subsec. (w). Pub. L. 92–603, §103(a), added subsec. (w).
1971—Subsec. (i)(3). Pub. L. 92–223, §1(a), added cl. (3).
Subsec. (i)(4). Pub. L. 92–223, §1(a), (b), redesignated former cl. (3) as (4) and included reference to cl. (3) in the second sentence.
1969—Subsec. (b)(2). Pub. L. 91–172, §1004(a), removed $105 ceiling on insurance benefits of wives.
Subsec. (c)(3). Pub. L. 91–172, §1004(b), removed $105 ceiling on insurance benefits of husbands.
Subsec. (e)(4). Pub. L. 91–172, §1004(c), removed $105 ceiling on insurance benefits of widows.
Subsec. (f)(5). Pub. L. 91–172, §1004(c), removed $105 ceiling on insurance benefits of widowers.
1968—Subsec. (b)(2). Pub. L. 90–248, §103(a), provided that a wife's insurance benefit may not exceed $105.
Subsec. (c)(1). Pub. L. 90–248, §157(a)(1), substituted in text preceding subpar. (A) "an individual" for "a currently insured individual (as defined in section 414(b) of this title)".
Subsec. (c)(2). Pub. L. 90–248, §157(a)(2), substituted in text preceding subpar. (A) "The provisions of subparagraph (C) of paragraph (1) of this subsection" for "The requirement in paragraph (1) of this subsection that the individual entitled to old-age or disability insurance benefits be a currently insured individual, and the provisions of subparagraph (C) of such paragraph".
Subsec. (c)(3). Pub. L. 90–248, §103(b), provided that a husband's insurance benefit may not exceed $105.
Subsec. (d)(1)(B). Pub. L. 90–248, §158(c)(1), substituted "section 423(d)" for "section 423(c)".
Subsec. (d)(3). Pub. L. 90–248, §151(a), inserted in first sentence "or his mother or adopting mother" after "adopting father", and struck out in second sentence, "if such individual is the child's father," after "title shall".
Subsec. (d)(4). Pub. L. 90–248, §151(b), inserted, "or stepmother" after "stepfather" in two places.
Subsec. (d)(5) to (8). Pub. L. 90–248, §151(c), struck out former par. (5) which provided that (1) a child is deemed dependent on his mother or adopting mother if she is currently insured, and (2) a child is deemed dependent on a mother who is not currently insured only if she is contributing one-half of the child's support or, if the child is not living with his father nor being supported by him, only if she is then living with or supporting the child, and redesignated former pars. (6) to (9) as (5) to (8), respectively.
Subsec. (d)(8). Pub. L. 90–248, §§112(a), 151(c), added subpar. (E) and redesignated former par. (9) as (8), respectively. Former par. (8) redesignated (7).
Subsec. (d)(9). Pub. L. 90–248, §151(c), (d)(1), redesignated former par. (10) as (9) and substituted "paragraph (8)" for "paragraph (9)". Former par. (9) redesignated (8).
Subsec. (d)(10). Pub. L. 90–248, §151(c), redesignated former par. (10) as (9).
Subsec. (e)(1). Pub. L. 90–248, §104(a)(2), set out part of text formerly following subpar. (E) after subpar. (G) and inserted therein: "or, if she became entitled to such benefits before she attained age 60, the third month following the month in which her disability ceases (unless she attains age 62 on or before the last day of such third month)".
Subsec. (e)(1)(B). Pub. L. 90–248, §104(a)(1), provided that a widow or surviving divorced wife may become entitled to widow's insurance benefits if she is disabled and her disability began within the period specified in subsec. (e)(5) even though she has not attained age 60.
Subsec. (e)(1)(F). Pub. L. 90–248, §104(a)(2), designated part of material formerly following subpar. (E) as subpar. (F) and inserted provision requiring satisfaction with subpar. (B) clause (i).
Subsec. (e)(1)(G). Pub. L. 90–248, §104(a)(2), added subpar. (G).
Subsec. (e)(4). Pub. L. 90–248, §103(c), provided that a remarried widow's insurance benefit may not exceed $105.
Subsec. (e)(5), (6). Pub. L. 90–248, §104(a)(3), added pars. (5) and (6).
Subsec. (f)(1). Pub. L. 90–248, §157(b)(1), struck out in text preceding subpar. (A) "and currently" before "insured individual" and in cl. (ii) of subpar. (D) ", and she was a currently insured individual," after "from such individual".
Subsec. (f)(1)(B). Pub. L. 90–248, §104(b)(1), provided that a dependent widower may become entitled to widower's insurance benefits if he is disabled and his disability began within the specified period even though such individual has not attained age 62.
Subsec. (f)(1). Pub. L. 90–248, §104(b)(2), set out part of text formerly following subpar. (E) after subpar. (G) and inserted: "or the third month following the month in which his disability ceases (unless he attains age 62 on or before the last day of such third month)".
Subsec. (f)(1)(F). Pub. L. 90–248, §104(b)(2), designated part of text formerly following subpar. (F) as subpar. (F) and inserted provision requiring satisfaction with subpar. (B) clause (i).
Subsec. (f)(1)(G). Pub. L. 90–248, §104(b)(2), added subpar. (G).
Subsec. (f)(2). Pub. L. 90–248, §157(b)(2), substituted in text preceding subpar. (A) "The provisions of subparagraph (D) of paragraph (1) of this subsection" for "The requirement in paragraph (1) of this subsection that the deceased fully insured individual also be a currently insured individual, and the provisions of subparagraph (D) of such paragraph,".
Subsec. (f)(3). Pub. L. 90–248, §104(b)(3), inserted reference to subsec. (q).
Subsec. (f)(5). Pub. L. 90–248, §103(d), provided that a remarried widower's insurance benefit may not exceed $105.
Subsec. (f)(6), (7). Pub. L. 90–248, §104(b)(4), added pars. (6) and (7).
Subsec. (q). Pub. L. 90–248, §104(c)(1), substituted "Reduction of benefit amounts for certain beneficiaries" for "Reduction of old-age, disability, wife's, husband's, or widow's insurance benefit amounts" in heading.
Subsec. (q)(1). Pub. L. 90–248, §104(c)(2)–(4), substituted "widow's, or widower's" for "or widow's" in text preceding subpar. (A), ", widow's, or widower's" for "or widow's" in subpar. (A), and added subpar. (C) and (D) provisions for further reduction of a widow's or widower's insurance benefit.
Subsec. (q)(3)(A). Pub. L. 90–248, §104(c)(5), substituted "widow's, or widower's" for "or widow's" wherever appearing, "50" for "60", and inserted "or widower's" after "(in the case of a widow's)".
Subsec. (q)(3)(C). Pub. L. 90–248, §104(c)(6), substituted "widow's, or widower's" for "or widow's" wherever appearing.
Subsec. (q)(3)(D). Pub. L. 90–248, §104(c)(7), substituted "widow's, or widower's" for "or widow's".
Subsec. (q)(3)(E). Pub. L. 90–248, §104(c)(8), inserted "in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower" after "(e)(1) of this section", and "or he" after "she", and substituted "widow's or widower's" for "widow's" wherever appearing.
Subsec. (q)(3)(F). Pub. L. 90–248, §104(c)(9), inserted "in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower" after "(e)(1) of this section", and "or he" after "she", and substituted "widow's or widower's" for "widow's".
Subsec. (q)(3)(G). Pub. L. 90–248, §104(c)(10), inserted "in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower" before "(e)(1) of this section", and "she or" before "he", and substituted "widow's or widower's" for "widow's" wherever appearing.
Subsec. (q)(6). Pub. L. 90–248, §104(c)(11), extended definition of "reduction period" to apply to widower's insurance benefit, inserted second alternative in subpar. (A)(i)(III) that the reduction period for a widow's or widower's insurance benefit begins with the "first day of the month in which such individual attains age 60, whichever is the later", substituted paragraph "(5)" for "(4)" in item (II) of subpar. (A)(i), and added subpar. (B).
Subsec. (q)(7). Pub. L. 90–248, §104(c)(12), in text preceding subpar. (A), inserted "or 'additional adjusted reduction period' " after "the 'adjusted reduction period' ", "or additional reduction period (as the case may be)" after "the reduction period", and substituted "widow's, or widower's" for "or widow's", and in subpar. (E) substituted "widow's or widower's", "she or he", and "her or his" for "widow's", "she", and "her", respectively.
Subsec. (q)(9). Pub. L. 90–248, §104(c)(13), inserted reference to widowers.
Subsec. (s). Pub. L. 90–248, §158(c)(2), substituted "section 423(d)" for "section 423(c)" in pars. (1) to (3).
Subsec. (s)(2), (3). Pub. L. 90–248, §151(d)(2), substituted "(d)(5)" for "(d)(6)" in pars. (2), (3).
Subsec. (t)(1). Pub. L. 90–248, §162(a)(1), provided that "For purposes of the preceding sentence, after an individual has been outside the United States for any period of thirty consecutive days he shall be treated as remaining outside the United States until he has been in the United States for a period of thirty consecutive days."
Subsec. (t)(4). Pub. L. 90–248, §162(b)(1), provided for exception to application of subpars. (A) and (B) of par. (4).
Subsec. (t)(6). Pub. L. 90–248, §162(c)(2), included reference to par. (10).
Subsec. (t)(10). Pub. L. 90–248, §162(c)(1), added par. (10).
1965—Subsec. (b)(1). Pub. L. 89–97, §308(a), made provisions applicable to divorced wife by inclusion of references to divorced wife in provisions preceding subpar. (A), substituted "such individual" for "her husband" in subpars. (B), (E), (G), (J) to (L); inserted in subpar. (B) "(in the case of a wife)" after "age 62 or"; added subpars. (C) and (D); redesignated former subpar. (C) as (E); in provisions after subpar. (E), inserted "(subject to subsection (s) of this section)" and struck out "after August 1950" after "beginning with the first month"; designated existing provisions as subpars. (F), (G), (J) to (L); and substituted provisions designated as subpars. (H) and (I) for former provisions reading "they are divorced from vinculo matrimonii".
Subsec. (b)(2). Pub. L. 89–97, §308(a), inserted "(or, in the case of a divorced wife, her former husband)".
Subsec. (c)(1). Pub. L. 89–97, §308(d)(1), substituted "divorced" for "divorced a vinculo matrimonii" in provisions following subpar. (D).
Subsec. (c)(2). Pub. L. 89–97, §§306(c)(2), 334(e), inserted in text preceding subpar. (A) "(subject to subsection (s) of this section)" after "shall", and added subpar. (C).
Subsec. (d)(1). Pub. L. 89–97, §§306(a), (b)(1), (2), 323(a)(1), 343(a), inserted in subpar. (B)(i) and (ii) "or was a full-time student and had not attained the age of 22" and "which began before he attained the age of 22", respectively, and substituted "is" for "was" in cl. (ii) substituted "preceding whichever of the following first occurs" for "preceding the first month in which any of the following occurs" following provisions of subpar. (C), incorporated existing provisions in subpar. (D) and (E), substituting in such subpar. (E) "but only if he (i) is not under a disability (as so defined) at the time he attains such age, and (ii) is not a full-time student during any part of such month" for former provision and is not under a disability (as defined in section 423(c) of this title), which began before he attained such age", added subpars. (F) and (G), and repealed the second sentence which provided for the termination of entitlement of any child to benefits under this subsection with the month preceding the third month following the month in which he ceases to be under a disability after the month in which he attains age eighteen; struck out the last sentence which related to adoptions by disabled workers; and substituted "uncle, brother, or sister" for "or uncle" in subpar. (D), respectively.
Subsec. (d)(3). Pub. L. 89–97, §339(b), inserted "or section 416(h)(3)" after "section 416(h)(2)(B)".
Subsec. (d)(6). Pub. L. 89–97, §306(c)(3), inserted in text following subpar. (B) "but subject to subsection (s)" after "notwithstanding the provisions of paragraph (1)".
Subsec. (d)(6)(A). Pub. L. 89–97, §308(d)(2)(A), inserted reference to subsec. (b) of this section.
Subsec. (d)(7), (8). Pub. L. 89–97, §306(b)(3), added pars. (7) and (8).
Subsec. (d)(9), (10). Pub. L. 89–97, §323(a)(2), added pars. (9) and (10).
Subsec. (e)(1). Pub. L. 89–97, §§307(a)(1), 308(b)(1), substituted "age 60" for "age 62" in subpar. (B); and inserted references to surviving divorced wife in the provisions preceding subpar. (A), substituted in subpar. (A) "is not married" for "has not remarried", added subpar. (D), redesignated former subpar. (D) as (E) substituted in subpar. (E) and following provision "such deceased individual" "her deceased husband", and struck out from provisions following subpar. (E) "after August 1950" after "beginning with the first month", respectively.
Subsec. (e)(2). Pub. L. 89–97, §§307(a)(2), 308(b)(1), 333(a)(2), inserted introductory phrase "Except as provided in subsection (q) of this section"; substituted "such deceased individual" for "her deceased husband"; and inserted "and paragraph (4) of this subsection" before the comma, respectively.
Subsec. (e)(3). Pub. L. 89–97, §§306(c)(4), 308(b) (2), (3), inserted "but subject to subsection (s) of this section" after "notwithstanding the provisions of paragraph (1)" following subpar. (B); repealed former par. (3) which provided for reinstatement of benefits to a widow if she married a person who died within one year and was not a fully insured individual; and redesignated former par. (4) as (3), and substituted "widow or surviving divorced wife" and "widow's or surviving divorced wife's" for "widow" and "widow's", respectively.
Subsec. (e)(4). Pub. L. 89–97, §333(a)(1), added par. (4). Former par. (4) redesignated (3).
Subsec. (f)(2). Pub. L. 89–97, §§306(c)(5), 334(f), inserted in text preceding subpar. (A) "(subject to subsection (s) of this section)" after "shall", and added subpar. (C).
Subsec. (f)(3). Pub. L. 89–97, §333(b)(2), substituted "Except as provided in paragraph (5), such" for "Such".
Subsec. (f)(4). Pub. L. 89–97, §306(c)(6), inserted in text following subpar. (B) "but subject to subsection (s) of this section" after "notwithstanding the provisions of paragraph (1) of this subsection".
Subsec. (f)(4)(A). Pub. L. 89–97, §308(d)(2)(A), inserted reference to subsec. (b) of this section.
Subsec. (f)(5). Pub. L. 89–97, §333(b)(1), added par. (5).
Subsec. (g)(1). Pub. L. 89–97, §§306(c)(7), 308(d) (3)–(5), inserted "(subject to subsection (s))" after "shall" in provisions following subpar. (F); substituted in subpar. (A) "is not married" for "has not remarried"; in subpar. (F), substituted "surviving divorced mother" for "former wife divorced", incorporated existing provisions in cls. (i) (other than (I) to (III)), (ii), and (iii), and substituted provisions of cl. (i)(I) to (III) for receipt of one-half of support under administrative regulations and substantial contributions pursuant to written agreement or court order for former provision for receipt of one-half of support pursuant to agreements or court order; and substituted "surviving divorced mother" for "former wife divorced" twice in provisions before subpar. (A) and thrice in provisions following subpar. (F), respectively.
Subsec. (g)(3). Pub. L. 89–97, §§306(c)(8), 308(d)(5), (13), inserted "but subject to subsection (s)" after "notwithstanding the provisions of paragraph (1)" following subpar. (B), substituted "surviving divorced mother" for "former wife divorced" in two places, and redesignated former par. (4) as (3), respectively. Pub. L. 89–97, §308(d)(12), repealed former par. (3) which had provided that:
"In the case of any widow or former wife divorced of an individual—
"(A) who marries another individual, and
"(B) whose marriage to the individual referred to in subparagraph (A) is terminated by his death but she is not, and upon filing application therefor in the month in which he died would not be, entitled to benefits for such month on the basis of his wages and self-employment income,
the marriage to the individual referred to in clause (A) shall, for purpose of paragraph (1), be deemed not to have occurred. No benefits shall be payable under this subsection by reason of the preceding sentence for any month prior to whichever of the following is the latest: (i) the month in which the death referred to in subparagraph (B) of the preceding sentence occurs, (ii) the twelfth month before the month in which such widow or former wife divorced files application for purposes of this paragraph or (ii) September 1958."
Subsec. (g)(4). Pub. L. 89–97, §308(d)(13), redesignated former par. (4) as (3).
Subsec. (h)(4). Pub. L. 89–97, §306(c)(9), inserted in text following subpar. (B) "but subject to subsection (s)" after "notwithstanding the provisions of paragraph (1) of this subsection".
Subsec. (h)(4)(A). Pub. L. 89–97, §308(d)(2)(A), inserted reference to subsec. (b) of this section.
Subsec. (j)(1). Pub. L. 89–97, §303(d), inserted "under this subchapter" after "any benefit".
Subsec. (j)(2). Pub. L. 89–97, §328(a), provided that an application for monthly benefits filed before the first month in which the applicant satisfies the requirements for such benefits shall be deemed a valid application only if the applicant satisfies the requirements for such benefits before the Secretary makes a final decision on the application and that the application shall be deemed to have been filed in the first month if the applicant is found to satisfy the requirements for entitlement.
Subsec. (k)(2)(B). Pub. L. 89–97, §333(c)(1), inserted "(other than an individual to whom subsection (e)(4) or (f)(5) applies)" after "Any individual" and inserted provision limiting to the largest of such benefits any individual who is entitled for any month to more than one widow's or widower's benefits to which subsections (e)(4) or (f)(5) of this section applies.
Subsec. (k)(3). Pub. L. 89–97, §333(c)(2), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (k)(4). Pub. L. 89–97, §304(a), added par. (4).
Subsec. (p). Pub. L. 89–97, §324(a), removed the 2-year limit on the allowed extension during which, for good cause shown, applications or proof may be filed and still be deemed filed within the prescribed period for filing applications or proof.
Subsec. (q). Pub. L. 89–97, §304(b), substituted "Reduction of old-age, disability, wife's, husband's, or widow's insurance benefit amounts" for "Adjustment of old-age, wife's or husband's insurance benefit amounts in accordance with age of beneficiary" in heading.
Subsec. (q)(1). Pub. L. 89–97, §307(b)(1), made provisions preceding subpar. (A) and the 5/9 of 1 percent reduction in subpar. (A) applicable to widow's insurance benefit, substituted "retirement age" for "age 65" in provisions preceding subpar. (A) and subpar. (B)(i) and (ii), substituted "(6)" and "(7)" for "(5)" and "(6)" in subpar. (B)(i) and (ii) and "any month" for "any other month" in subpar. (B)(ii).
Subsec. (q)(2). Pub. L. 89–97, §304(c), added par. (2) and redesignated former par. (2) as (3).
Subsec. (q)(3)(A). Pub. L. 89–97, §§304(c), 307(b)(2), redesignated former par. (2) as (3), and made provisions of subpar. (A) applicable to widow's insurance benefit and inserted "(in the case of a wife's or husband's insurance benefit) or age 60 (in the case of a widow's insurance benefit)" after "age 62", respectively. Former par. (3) redesignated (4).
Subsec. (q)(3)(B). Pub. L. 89–97, §304(c), (d), redesignated former par. (2) as (3), and substituted "benefit and is not entitled to a disability insurance benefit" for "benefit" the first time it appeared and inserted in cls. (i) and (ii) "for such month" after "paragraph (1)", respectively. Former par. (3) redesignated (4).
Subsec. (q)(3)(C). Pub. L. 89–97, §304(c), (e), redesignated former par. (2) as (3), and made provisions of subpar. (C) applicable to widow's insurance benefit, inserted cl. (i), incorporated existing provisions in cl. (ii), and inserted in such cl. (ii) "for such month" and "(before reduction under this subsection)" after "disability insurance benefit", respectively. Former par. (3) redesignated (4).
Subsec. (q)(3)(D), (E). Pub. L. 89–97, §§304(c), 307(b), (3), (4), redesignated former par. (2) as (3), made provisions of subpar. (D) applicable to widow's insurance benefit, and added subpar. (E), respectively. Former par. (3) redesignated (4).
Subsec. (q)(3)(F), (G). Pub. L. 89–97, §304(c), (f), redesignated former par. (2) as (3) and added subpars. (F) and (G), respectively. Former par. (3) redesignated (4).
Subsec. (q)(4). Pub. L. 89–97, §304(c), (g), redesignated former par. (3) as (4) and renumbered in text following subpar. (B) cross references to par. (2) as (3) in three places, and substituted in subpar. (A) "under paragraph (1) or (3) of this subsection" for "under this subsection", respectively. Former par. (4) redesignated (5).
Subsec. (q)(5)(D). Pub. L. 89–97, §§304(c), 307(b)(5), redesignated former par. (4) as (5) and added subpar. (D), respectively. Former par. (5) redesignated (6).
Subsec. (q)(6). Pub. L. 89–97, §§304(c), 307(b)(6), redesignated former par. (5) as (6) and renumbered in subpar. (A)(ii) cross reference to par. (4) as (5), and made provisions preceding subpar. (A) and provisions of subpar. (A)(i) applicable to widow's insurance benefit and substituted in subpar. (B) "retirement age" for "age 65", respectively. Former par. (6) redesignated (7).
Subsec. (q)(7). Pub. L. 89–97, §§304(c), (h), 307(b)(7), redesignated former par. (6) as (7) and renumbered in text preceding subpar. (A) cross reference to par. (5) as (6), added subpar. (F), and made provisions preceding subpar. (A) applicable to widow's insurance benefit and added subpars. (D), (E), respectively. Former par. (7), redesignated (8).
Subsec. (q)(8). Pub. L. 89–97, §304(c), (i), redesignated former par. (7) and (8) and renumbered cross reference to par. (2) as (3), and substituted "(1), (2)," for "(1)", respectively.
Subsec. (q)(9). Pub. L. 89–97, §307(b)(8), added par. (9).
Subsec. (r)(2). Pub. L. 89–97, §304(j), inserted "(but for subsection (k)(4) of this section)" after "eligible".
Subsec. (s). Pub. L. 89–97, §306(c)(1), added subsec. (s).
Subsec. (t)(9). Pub. L. 89–97, §104(a)(1), added par. (9).
Subsec. (u)(1). Pub. L. 89–97, §104(a)(2), inserted "in determining whether such individual is entitled to insurance benefits under part A of subchapter XVII for any such month,".
Subsec. (v). Pub. L. 89–97, §319(d), added subsec. (v).
1961—Subsec. (a)(2). Pub. L. 87–64, §102(a), substituted "has attained age 62" for "has attained retirement age (as defined in section 416(a) of this title)".
Subsec. (b)(1). Pub. L. 87–64, §102(a), (e), (1), (2), substituted "age 62" for "retirement age" in two places, "less than one-half of the primary insurance amount of her husband" for "less than one-half of an old-age or disability insurance benefit of her husband", and "equal to or exceeds one-half of the primary insurance amount of her husband" for "equal to or exceeds one-half of an old-age or disability insurance benefit of her husband".
Subsec. (b)(2). Pub. L. 87–64, §102(e)(3), substituted "primary insurance amount" for "old-age or disability insurance benefit."
Subsec. (c)(1). Pub. L. 87–64, §102(a), (e), (4), (5), substituted "has attained age 62" for "has attained retirement age" in cl. (B), "based on a primary insurance amount which is less than one-half" for "each of which is less than one-half" in cl. (D), and "based on a primary insurance amount which is equal to or exceeds one-half" for "equal to or exceeding one-half" in closing provisions.
Subsec. (c)(2)(A). Pub. L. 87–64, §102(a), substituted "attainment of age 62" for "attainment of retirement age".
Subsec. (c)(3). Pub. L. 87–64, §102(e)(6), substituted "Except as provided in subsection (q) of this section, such" for "Such".
Subsec. (e)(1). Pub. L. 87–64, §§102(a), 104(d)(1), substituted "has attained age 62" for "has attained retirement age" in subpar. (B), "attainment of age 62" for "attainment of retirement age" and "attained age 62" for "attained retirement age" in subpar. (C), and "82½ percent" for "three-fourths" in subpar. (D) and in closing provisions.
Subsec. (e)(2). Pub. L. 87–64, §104(a), substituted "82½ percent" for "three-fourths".
Subsec. (f)(1). Pub. L. 87–64, §§102(a), 104(d)(1), substituted "has attained age 62" for "has attained retirement age" in subpar. (B), and "82½ percent" for "three-fourths" in subpar. (E) and in closing provisions.
Subsec. (f)(2)(A). Pub. L. 87–64, §102(a), substituted "attainment of age 62" for "attainment of retirement age".
Subsec. (f)(3). Pub. L. 87–64, §104(b), substituted "82½ percent" for "three-fourths".
Subsec. (h)(1). Pub. L. 87–64, §§102(a), 104(d)(2), substituted "has attained age 62" for "has attained retirement age" in subpar. (A), and "82½ percent of the primary insurance amount of such deceased individual if the amount of the parent's insurance benefit for such month is determinable under paragraph (2)(A) (or 75 percent of such primary insurance amount in any other case)" for "three-fourths of the primary insurance amount of such deceased individual" in subpar. (D) and in closing provisions.
Subsec. (h)(2). Pub. L. 87–64, §104(c), designated existing provisions as subpar. (A), increased the benefit from three-fourths to 82½ percent of the primary insurance amount, and added subpars. (B) and (C).
Subsec. (j). Pub. L. 87–64, §102(b)(3), extended provisions which formerly authorized waiver of old-age benefits or wife's benefits by a woman to permit waiver of any benefit by any individual.
Subsec. (q). Pub. L. 87–64, §102(b)(1), among other changes, authorized adjustment of the old-age insurance benefits for men and of the husband's insurance benefits for months prior to the month in which the individual attains age 65, simplified the formula for reducing benefits, and, in cases where an individual is entitled to a reduced benefit and such benefit is increased by reason of an increase in the primary insurance amount, required separate computation of the increase for and after the first month for which such increase is effective.
Subsec. (r). Pub. L. 87–64, §102(b)(1), extended application of the subsection to men, and provided in cases where an individual is entitled to a disability insurance benefit for the same month for which an application for a reduced wife's or husband's insurance benefit is effective, that the individual will be deemed to have filed an application for old-age insurance benefit in the first subsequent month for which the individual is not entitled to a disability insurance benefit.
Subsec. (s). Pub. L. 87–64, §102(b)(2)(A), repealed subsec. (s) which related to female disability insurance beneficiaries.
1960—Subsec. (d)(1). Pub. L. 86–778, §§201(a), (b), 205(a), 403(d), among other changes, struck out "after 1939" after "fully or currently insured individual" in opening clause, substituted "a period of disability which continued until he became entitled to old-age or disability insurance benefits, or (if he has died) until the month of his death, at the beginning of such period of disability or at the time he became entitled to such benefits" for "a period of disability which did not end prior to the month in which he became entitled to old-age or disability insurance benefits or (if he has died) prior to the month in which he died, at the beginning of such period or at the time he became entitled to such benefits or died)" in subpar. (C), and inserted provisions making subpar. (C)(1) inapplicable, in the case of an individual entitled to disability insurance benefits, to a child of such individual unless he is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual) or was legally adopted by such individual before the end of the 24–month period beginning with the month after the month in which such individual most recently became entitled to disability insurance benefits, and substituted provisions authorizing the payment of benefits until the month preceding the third month following the month in which a child ceases to be under a disability (as so defined) after the month in which he attains age 18 for provisions which authorized payment of benefits until the child ceases to be under a disability (as so defined) on or after the day on which he attains age 18.
Subsec. (d)(2). Pub. L. 86–778, §301(a), struck out provisions which required each child's insurance benefit, if there is more than one child entitled to benefits on the basis of an individual's wages and self-employment income, to be equal to the sum of (A) one-half of the primary insurance amount of the individual, and (B) one-fourth of the primary insurance amount divided by the number of such children.
Subsec. (d)(3). Pub. L. 86–778, §§202(a), 208(d), inserted provisions requiring that for purposes of such paragraph, a child deemed to be a child of a fully or currently insured individual pursuant to section 416(h)(2)(B) of this title, shall, if such individual is the child's father, be deemed to be the legitimate child of such individual, and struck out subpar. (C) which related to a child living with and receiving more than one-half of his support from his stepfather.
Subsec. (e)(1). Pub. L. 86–778, §205(a), struck out "after 1939" after "died a fully insured individual" in opening clause.
Subsec. (f)(1). Pub. L. 86–778, §205(b), struck out "after August 1950" after "died a fully and currently insured individual" in opening clause.
Subsecs. (g)(1), (h)(1). Pub. L. 86–778, §205(a), struck out "after 1939" after "died a fully or currently insured individual" in opening clause.
Subsec. (i). Pub. L. 86–778, §§103(a), (j)(2)(C), 203(a), amended second and third sentences to require payment to the funeral home to the extent of the unpaid expenses if all or part of the burial expenses remain unpaid, and to prescribe the manner of payment of any balance that may remain after the funeral home and the persons equitably entitled thereto have received payment, and substituted "the Commonwealth of Puerto Rico, the Virgin Islands, Guam, or American Samoa" for "Puerto Rico, or the Virgin Islands", "section 410(l)(1) of this title" for "section 410(m)(1) of this title", and "is returned to any State" for "is returned to any of such States, or the District of Columbia".
Pub. L. 86–624 substituted "fifty States" for "forty-nine States".
Subsec. (n). Pub. L. 86–778, §211(i), substituted "Section 403(b), (c), and (d) of this title" for "Section 403 (b) and (c) of this title" in last sentence of cl. (1).
Subsec. (q)(5). Pub. L. 86–778, §211(j), substituted "under section 403(b) of this title or paragraph (1) of section 403(c) of this title" for "under paragraph (1) or (2) of section 403(b) of this title" in cl. (A), and "section 403(b), under section 403(c)(1), under section 403(d)(1), or under section 422(b) of this title" for "paragraph (1) or (2) of section 403(b) of this title, under section 403(c) of this title, or under section 422(b) of this title" in cl. (B).
Subsec. (q)(6). Pub. L. 86–778, §211(k), substituted "section 403(b), under section 403(c)(1), under section 403(d)(1), or under section 422(b) of this title" for "section 403(b) (1) or (2), under section 403(c), or under section 422(b) of this title" in cl. (A), and "under section 403(b) of this title or paragraph (1) of section 403(c) of this title" for "under paragraph (1) or (2) of section 403(b) of this title" in cl. (D).
Subsec. (t)(4)(D). Pub. L. 86–778, §103(j)(2)(D), substituted "section 410(l)(2)" for "section 410(m)(2)", "section 410(l)(3)" for "section 410(m)(3)", and "section 410(m)" for "section 410(n)", wherever appearing.
Subsec. (t)(7). Pub. L. 86–778, §211(l), substituted "Subsections (b), (c), and (d) of section 403 of this title" for "Subsections (b) and (c) of section 403 of this title".
1959—Subsec. (i). Pub. L. 86–70 substituted "forty-nine States" for "forty-eight States".
1958—Subsec. (b). Pub. L. 85–840, §205(b), substituted "old-age or disability insurance" for "old-age insurance" in seven places, and inserted provisions terminating the wife's insurance benefit the month preceding the first month in which her husband is not entitled to disability insurance benefits and is not entitled to old-age insurance benefits.
Subsec. (c)(1). Pub. L. 85–840, §205(c), substituted "old-age or disability insurance" for "old-age insurance" wherever appearing, inserted provisions in subpar. (C) entitling the husband to an insurance benefit if he was receiving at least one-half of his support from the individual if she had a period of disability which did not end prior to the month in which she became entitled to old-age or disability insurance benefits, at the beginning of such period or at the time she became entitled to such benefits provided he filed proof of such support within two years after the month in which she filed application with respect to such period of disability or after the month in which she became entitled to such benefits, and inserted provisions terminating the husband's insurance benefit the month preceding the first month in which his wife is not entitled to disability insurance benefits and is not entitled to old-age insurance benefits.
Subsec. (c)(2), (3). Pub. L. 85–840, §301(a)(1), added par. (2) and redesignated former par. (2) as (3).
Subsec. (d)(1). Pub. L. 85–840, §205(d), inserted provisions entitling the child of an individual entitled to disability insurance benefits to insurance benefits if the child was dependent upon such individual if such individual had a period of disability which did not end prior to the month in which he became entitled to old-age or disability insurance benefits or (if he has died) prior to the month in which he died, at the beginning of such period or at the time he became entitled to such benefits or died, and providing that the benefits to a child of a disability insurance beneficiary shall cease with the month before the first month for which the individual is not entitled to such benefits unless such individual is, for such later month, entitled to old-age insurance benefits or unless he dies in such month.
Subsec. (d)(3) to (5). Pub. L. 85–840, §306(a), struck out "who has not attained the age of eighteen" after "A child" wherever appearing.
Subsec. (d)(6). Pub. L. 85–840, §307(a), added par. (6), and Pub. L. 85–840, §306(a), repealed former par. (6), which related to dependency of a child who has attained the age of eighteen and who is under a disability which began before he attained the age of eighteen.
Subsec. (e)(3)(B). Pub. L. 85–840, §301(b)(1), substituted "which occurs within one year after such marriage and he did not die a fully insured individual" for "but she is not his widow (as defined in section 416(c) of this title)".
Subsec. (e)(4). Pub. L. 85–840, §307(b), added par. (4).
Subsec. (f)(1)(D). Pub. L. 85–840, §205(e), inserted provisions entitling a widower to an insurance benefit if he was receiving at least one-half of his support from the individual, if the individual had a period of disability which did not end prior to the month in which she died, at the time such period began, or at the time of her death, or at the time she became entitled to old-age or disability insurance benefits, and he filed proof of such support within two years after the month in which she filed application with respect to the period of disability or two years after the date of her entitlement to old-age or disability insurance benefits or her death.
Subsec. (f)(2), (3). Pub. L. 85–840, §301(c)(1), added par. (2) and redesignated former par. (2) as (3).
Subsec. (f)(4). Pub. L. 85–840, §307(c), added par. (4).
Subsec. (g)(1)(F). Pub. L. 85–840, §205(f), inserted provisions entitling a former wife divorced to an insurance benefit, if she was receiving at least one-half of her support from an individual, if the individual had a period of disability which did not end prior to the month in which he died, at the time such period began or at the time of his death.
Subsec. (g)(3). Pub. L. 85–840, §303(a), added par. (3). Another par. (3), which was added by Pub. L. 85–798, was repealed by Pub. L. 85–840, §303(b), effective with respect to benefits payable for any month following August 1958.
Subsec. (g)(4). Pub. L. 85–840, §307(d), added par. (4).
Subsec. (h)(1). Pub. L. 85–840, §304(a)(1), struck out from opening clause provisions which prevented payment of a parent's benefit if the deceased individual left a widow who met the conditions in subsec. (e)(1)(D) of this section, a widower who met the conditions in subsec. (f)(1)(D) of this section, an unmarried child under the age of eighteen deemed dependent on such individual under subsec. (d)(3), (4), or (5) of this section, or an unmarried child who had attained the age of eighteen and was under a disability which began before he attained such age and who is deemed dependent on such individual under subsec. (d)(6) of this section.
Subsec. (h)(1)(B). Pub. L. 85–840, §205(g), inserted provisions entitling a parent to an insurance benefit if the parent was receiving at least one-half of his support from the individual, if the individual had a period of disability which did not end prior to the month in which he died, at the time such period began or at the time of such death, and the parent filed proof of such support within two years after the month in which the individual filed application with respect to such period of disability or two years after the date of such death.
Subsec. (h)(4). Pub. L. 85–840, §307(e), added par. (4).
Subsec. (i). Pub. L. 85–840, §305(a), required a widow or widower to be living in the same household with the deceased at the time of death in order to receive a lump-sum death payment.
Subsec. (k). Pub. L. 85–840, §205(h), substituted "old-age or disability insurance" for "old-age insurance" wherever appearing.
Subsec. (m). Pub. L. 85–840, §101(e), substituted "less than the first figure in column IV of the table in section 415(a) of this title" for "less than $30", and "increased to the first figure in column IV of the table in section 415(a) of this title" for "increased to $30".
Subsec. (o). Pub. L. 85–857 substituted "described in section 3005 of Title 38" for "prescribed under section 601 of the Servicemen's and Veterans' Survivor Benefits Act".
Subsec. (q)(5). Pub. L. 85–840, §205(i)(1), (2), inserted reference to section 422(b) of this title in subpar. (B), added subpar. (D), and substituted "clauses (A), (B), (C), and (D)" for "clauses (A), (B), and (C)" in closing provisions.
Subsec. (q)(6). Pub. L. 85–840, §205(i)(3), (4), inserted reference to section 422(b) of this title in subpar. (A), added subpar. (C), redesignated former subpar. (C) as (D), and substituted "clauses (A), (B), (C), and (D))" for "clauses (A), (B), and (C)" in closing provisions.
Subsec. (t)(4)(E). Pub. L. 85–927 added par. (E).
1957—Subsec. (b)(1). Pub. L. 85–238, §3(a), redesignated subpar. (D) as (C), and repealed former subpar. (C) which required the wife to be living with her husband at the time the application for benefits was filed.
Subsec. (c)(1). Pub. L. 85–238, §3(b), redesignated subpars. (D) and (E) as (C) and (D), respectively, and repealed former subpar. (C) which required the husband to be living with his wife at the time the application for benefits was filed.
Subsec. (e)(1). Pub. L. 85–238, §3(c), redesignated subpar. (E) as (D), and repealed former subpar. (D) which required the widow to be living with her husband at the time of his death.
Subsec. (f)(1). Pub. L. 85–238, §3(d), redesignated subpars. (E) and (F) as (D) and (E), respectively, and repealed former subpar. (D) which required the widower to be living with his wife at the time of her death.
Subsec. (g)(1)(F). Pub. L. 85–238, §3(e), struck out provisions which required the widow to be living with her husband at the time of his death.
Subsec. (h)(1). Pub. L. 85–238, §3(f), struck out references to subpar. (E) of subsec. (e)(1) of this section and to subpar. (F) of subsec. (f)(1) of this section.
Subsec. (p)(1). Pub. L. 85–238, §3(g), substituted "subparagraph (C) of subsection (c)(1)" for "subparagraph (D) of subsection (c)(1)" and "subparagraph (D) of subsection (f)(1)" for "subparagraph (E) of subsection (f)(1)".
Subsec. (t)(4)(D). Pub. L. 85–238, §1, added subpar. (D).
1956—Subsec. (a). Act Aug. 1, 1956, ch. 836, §102(d)(1), inserted "Except as provided in subsection (q)".
Subsec. (a)(3). Act Aug. 1, 1956, ch. 836, §103(c)(1), included an individual entitled to disability insurance benefits for the month preceding the month in which he attained the age of 65.
Subsec. (b)(1). Act Aug. 1, 1956, ch. 836, §102(d)(2), (3), substituted "old-age insurance benefits based on a primary insurance amount which" for "old-age insurance benefits each of which" in cl. (D), and "old-age insurance benefit based on a primary insurance amount which is equal to or exceeds" for "old-age insurance benefit equal to or exceeding" in provisions following cl. (D).
Subsec. (b)(2). Act Aug. 1, 1956, ch. 836, §102(d)(4), inserted "Except as provided in subsection (q) of this section".
Subsec. (c)(1). Act. Aug. 1, 1956, ch. 836, §102(d)(5), (6), substituted "the primary insurance amount of his wife" for "an old-age insurance benefit of his wife" in cl. (E), and in provisions following cl. (E).
Subsec. (c)(2). Act Aug. 1, 1956, ch. 836, §102(d)(7), substituted "primary insurance amount" for "old-age insurance benefit".
Subsec. (d)(1). Act Aug. 1, 1956, ch. 836, §101(a), authorized child's insurance benefit for children, who at the time of filing application, are under a disability which began before they attained the age of 18, and permitted payment of such benefit until such disability ceases.
Subsec. (d)(2). Act Aug. 1, 1956, ch. 836, §102(d)(7), substituted "primary insurance amount" for "old-age insurance benefit".
Subsec. (d)(3) to (5). Act Aug. 1, 1956, ch. 836, §101(b)(1), substituted "A child who has not attained the age of eighteen" for "A child" wherever appearing in such paragraphs.
Subsec. (d)(6). Act Aug. 1, 1956, ch. 836, §101(b)(2), added par. (6).
Subsec. (e)(3). Act Aug. 1, 1956, ch. 836, §113, added par. (3).
Subsec. (h)(1). Act Aug. 1, 1956, ch. 836, §101(c), precluded payment of parent's benefit if an individual dies leaving an unmarried child over 18 who is under a disability which began before the age of 18 and who is deemed dependent on such individual.
Subsec. (i). Act Aug. 1, 1956, ch. 837, §403(a), substituted "January 1, 1957" for "April 1956", and inserted provisions authorizing payment of lump-sum death payment in the case of any individual who died outside the United States and the District of Columbia after December 1956 while performing service, as a member of a uniformed service, to which the provisions of section 410(m)(1) of this title are applicable.
Subsec. (j)(3). Act Aug. 1, 1956, ch. 836, §102(d)(8), added par. (3).
Subsec. (k)(2)(B). Act Aug. 1, 1956, ch. 836, §103(c)(2), inserted reference to section 423 of this title.
Subsec. (k)(3). Act Aug. 1, 1956, ch. 836, §102(d)(9), inserted provisions requiring reduction under subsection (q) of this section, and provided that the reduction should be not below zero.
Subsec. (m). Act Aug. 1, 1956, ch. 836, §102(d)(10), inserted references to subsection (q) of this section.
Subsec. (n)(1)(A). Act Aug. 1, 1956, ch. 836, §103(c)(3), inserted reference to section 423 of this title.
Subsec. (o). Act Aug. 1, 1956, ch. 837, §407, added subsec. (o).
Subsec. (p). Act Aug. 1, 1956, ch. 836, §114(a), added subsec. (p).
Subsecs. (q) to (s). Act Aug. 1, 1956, ch. 836, §102(c), added subsecs. (q) to (s).
Subsecs. (t), (u). Act Aug. 1, 1956, ch. 836, §§118(a), 121(a), added subsecs. (t) and (u), respectively.
1955—Subsec. (i). Act Aug. 9, 1955, made subsection applicable to cases of deaths occurring before April 1956.
1954—Subsec. (e)(1)(C). Act Sept. 1, 1954, §110(a), provided that applications for widow's insurance benefits would not be required if the widow was entitled to a mother's insurance benefit in the month prior to the month in which she attained retirement age.
Subsec. (g)(1)(D). Act Sept. 1, 1954, §110(b), provided that applications for mother's insurance benefits would not be required if the widow was entitled to a wife's insurance benefit for the month preceding the month in which the insured individual died.
Subsec. (i). Act Sept. 1, 1954, §§102(i)(2), 110(c), inserted ", or an amount equal to $255, whichever is the smaller" after "primary insurance amount.", and provided that an application for a lump-sum death payment would not be required from an individual who was entitled to wife's or husband's insurance benefits for the month preceding the month in which the insured individual died.
Subsec. (j)(1). Act Sept. 1, 1954, §105(a), substituted "twelfth" for "sixth".
Subsecs. (m), (n). Act Sept. 1, 1954, §§102(i)(1), 107, added subsecs. (m) and (n), respectively.
1953—Subsec. (i). Act Aug. 14, 1953, made subsec. (i) applicable to cases of deaths occurring before July 1955.
1950—Subsec. (a). Act Aug. 28, 1950, changed the name of the benefit provided by this subsection from "primary insurance benefit" to "old-age insurance benefit", and continued the conditions under which an individual becomes entitled to the benefits.
Subsec. (b). Act Aug. 28, 1950, continued the conditions required for the wife to be entitled to benefits.
Subsec. (c). Act Aug. 28, 1950, provided benefits for the dependent husband of a female old-age insurance beneficiary who was currently insured at the time of her entitlement to the old-age insurance benefit.
Subsec. (d). Act Aug. 28, 1950, increased the total amount of the family benefits in a survivor family in which there is at least one entitled child by one-fourth of the worker's old-age benefit and restates the circumstances under which a child is deemed dependent upon an individual.
Subsec. (e). Act Aug. 28, 1950, permitted a wife entitled to wife's insurance benefits to become entitled to widow's insurance benefits upon the husband's death without filing a new application.
Subsec. (f). Act Aug. 28, 1950, provided benefits for the dependent widower of a woman who is fully and currently insured at the time of her death.
Subsec. (g). Act Aug. 28, 1950, changed title of widow's current insurance benefits to mother's insurance benefits and provided for payment of such benefits to the divorced wife of a deceased insured worker if she had been receiving at least half her support from the worker, and if she is caring for her son, daughter, or legally adopted child who is receiving benefits on the worker's wage record.
Subsec. (h). Act Aug. 28, 1950, changed the requirement that a parent must have been chiefly dependent upon and supported by the wage earner to the requirement that the parent only need have been receiving one-half his support in order for the parent to be found a dependent.
Subsec. (i). Act Aug. 28, 1950, limited the amount of the lump-sum death payment to three times the worker's primary insurance amount instead of six times the amount.
Subsec. (j). Act Aug. 28, 1950, increased from 3 to 6 the number of months for which benefits may be paid retroactively to individuals who failed to file their applications as soon as they were otherwise eligible.
Subsecs. (k), (l). Act Aug. 28, 1950, added subsecs. (k) and (l).
1946—Subsec. (c). Act Aug. 10, 1946, §402, changed par. (1) to prevent termination of benefits on adoption by a stepparent, grandparent, aunt or uncle and changed par. (3)(C) to omit qualification as to the time of such individual's death and to require the child to be chiefly supported by the stepfather.
Subsec. (f)(1). Act Aug. 10, 1946, §403(a), provided that benefit payments to parents are prevented only if the individual leaves a widow or child who could become entitled to benefits and required parents to be chiefly instead of wholly dependent.
Subsec. (g). Act Aug. 10, 1946, §404(a), required that a widow or widower must have been living with deceased at time of death to be entitled to a lump sum payment and provided that if there was no such spouse, the payment will be made to the person or persons equitably entitled thereto in the proportion and to the extent that he or they have paid the burial expenses.
Subsec. (h). Act Aug. 10, 1946, §405(a), extended provision for payment of benefits retroactively for three months to the primary beneficiary and provided that retroactive benefits shall be reduced so as not to render erroneous any benefit previously paid.
Reference to Administrator of Veterans' Affairs deemed to refer to Secretary of Veterans Affairs pursuant to section 10 of Pub. L. 100–527, set out as a Department of Veterans Affairs Act note under section 301 of Title 38, Veterans' Benefits.
Pub. L. 114–74, title VIII, §831(a)(3), Nov. 2, 2015, 129 Stat. 612, provided that: "The amendments made by this subsection [amending this section] shall apply with respect to individuals who attain age 62 in any calendar year after 2015."
Pub. L. 114–74, title VIII, §831(b)(3), Nov. 2, 2015, 129 Stat. 613, provided that: "The amendments made by this subsection [amending this section] shall apply with respect to requests for benefit suspension submitted beginning at least 180 days after the date of the enactment of this Act [Nov. 2, 2015]."
Pub. L. 113–270, §5, Dec. 18, 2014, 128 Stat. 2950, provided that: "The amendments made by this Act [amending this section] shall apply with respect to benefits paid for any month beginning after the date of the enactment of this Act [Dec. 18, 2014]."
Pub. L. 108–203, title II, §203(d), Mar. 2, 2004, 118 Stat. 511, provided that: "The amendments made by this section [amending this section and sections 1004 and 1382 of this title] shall take effect on the first day of the first month that begins on or after the date that is 9 months after the date of enactment of this Act [Mar. 2, 2004]."
Pub. L. 108–203, title IV, §412(c), Mar. 2, 2004, 118 Stat. 528, provided that:
"(1) In general.—The amendment made by—
"(A) subsection (a)(1) [amending this section] shall apply to individuals with respect to whom the Commissioner of Social Security receives a removal notice after the date of the enactment of this Act [Mar. 2, 2004];
"(B) subsection (a)(2) [amending this section] shall apply with respect to notifications of removals received by the Commissioner of Social Security after the date of enactment of this Act; and
"(C) subsection (a)(3) [amending this section] shall be effective as if enacted on March 1, 1991.
"(2) Subsequent correction of cross-reference and terminology.—The amendments made by subsections (a)(4) and (b)(1) [amending this section] shall be effective as if enacted on April 1, 1997.
"(3) References to the secretary of homeland security.—The amendment made by subsection (b)(2) [amending this section] shall be effective as if enacted on March 1, 2003."
"(1) In general.—The amendments made by this section [amending this section and section 426 of this title] shall apply with respect to applications for benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] filed on or after the first day of the first month that begins after the date of enactment of this Act [Mar. 2, 2004], except that such amendments shall not apply in connection with monthly periodic benefits of any individual based on earnings while in service described in section 202(k)(5)(A) of the Social Security Act [42 U.S.C. 402(k)(5)(A)] (in the matter preceding clause (i) thereof) if the last day of such service occurs before July 1, 2004.
"(2) Transitional rule.—In the case of any individual whose last day of service described in subparagraph (A) of section 202(k)(5) of the Social Security Act (as added by subsection (a) of this section) occurs within 5 years after the date of enactment of this Act—
"(A) the 60-month period described in such subparagraph (A) shall be reduced (but not to less than 1 month) by the number of months of such service (in the aggregate and without regard to whether such months of service were continuous) which—
"(i) were performed by the individual under the same retirement system on or before the date of enactment of this Act, and
"(ii) constituted 'employment' as defined in section 210 of the Social Security Act [42 U.S.C. 410]; and
"(B) months of service necessary to fulfill the 60-month period as reduced by subparagraph (A) of this paragraph must be performed after the date of enactment of this Act."
Pub. L. 108–203, title IV, §420A(b), Mar. 2, 2004, 118 Stat. 535, provided that: "The amendments made by subsection (a) [amending this section] shall be effective with respect to benefits payable for months beginning with the 7th month that begins after the date of enactment of this Act [Mar. 2, 2004]."
Pub. L. 106–182, §5, Apr. 7, 2000, 114 Stat. 199, provided that: "The amendments made by this Act [amending this section and section 403 of this title] shall apply with respect to taxable years ending after December 31, 1999."
Pub. L. 106–170, title IV, §402(a)(4), Dec. 17, 1999, 113 Stat. 1908, provided that: "The amendments made by this subsection [amending this section, section 1382 of this title, and section 552a of Title 5, Government Organization and Employees] shall apply to individuals whose period of confinement in an institution commences on or after the first day of the fourth month beginning after the month in which this Act is enacted [Dec. 1999]."
Pub. L. 106–170, title IV, §402(b)(2), Dec. 17, 1999, 113 Stat. 1908, provided that: "The amendments made by this subsection [amending this section] shall apply to individuals whose period of confinement in an institution commences on or after the first day of the fourth month beginning after the month in which this Act is enacted [Dec. 1999]."
Pub. L. 106–170, title IV, §402(d)(3), Dec. 17, 1999, 113 Stat. 1909, provided that: "The amendments made by this subsection [amending this section] shall apply with respect to benefits for months ending after the date of the enactment of this Act [Dec. 17, 1999]."
Pub. L. 106–169, title II, §207(e), Dec. 14, 1999, 113 Stat. 1839, provided that: "The amendments made by this section [enacting section 1320a–8a of this title, amending this section and section 1382 of this title, and enacting provisions set out as a note under section 1320a–8a of this title] shall apply to statements and representations made on or after the date of the enactment of this Act [Dec. 14, 1999]."
Amendment by section 308(g)(1) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of Title 8, Aliens and Nationality.
Pub. L. 104–208, div. C, title V, §503(b), Sept. 30, 1996, 110 Stat. 3009–671, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to benefits for which applications are filed on or after the first day of the first month that begins at least 60 days after the date of the enactment of this Act [Sept. 30, 1996]."
Pub. L. 104–121, title I, §104(a)(2), Mar. 29, 1996, 110 Stat. 851, provided that: "The amendment made by paragraph (1) [amending this section] shall apply with respect to benefits of individuals who become entitled to such benefits for months after the third month following the month in which this Act is enacted [March 1996]."
Pub. L. 104–121, title I, §104(b)(3), Mar. 29, 1996, 110 Stat. 852, provided that:
"(A) The amendments made by paragraph (1) [amending this section] shall apply with respect to final divorces occurring after the third month following the month in which this Act is enacted [March 1996].
"(B) The amendment made by paragraph (2) [amending this section] shall take effect on the date of the enactment of this Act [Mar. 29, 1996]."
Pub. L. 103–387, §4(b), Oct. 22, 1994, 108 Stat. 4076, provided that: "The amendments made by this section [amending this section] shall apply with respect to benefits for months commencing after 90 days after the date of the enactment of this Act [Oct. 22, 1994]."
Amendment by section 107(a)(4) of Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title.
Pub. L. 103–296, title III, §308(c), Aug. 15, 1994, 108 Stat. 1523, provided that: "The amendments made by this section [amending this section and section 415 of this title] shall apply (notwithstanding section 215(f) of the Social Security Act [42 U.S.C. 415(f)]) with respect to benefits payable for months after December 1994."
Pub. L. 103–296, title III, §321(b)(1), A
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Reserve Police Officer (15852311)
Continuous or until 1000 applicants
$0.00-$0.00 Annually
The City of Lincoln is located at the edge of Northern California’s foothills, 27 miles northeast of California’s State Capital, Sacramento. With a 2016 population of 47,187 Lincoln was one of the fastest growing cities in the country from 2000 to 2007, yet has managed to maintain the small town charm that has made it such a desired location to live, work and play.
Lincoln sprang up as a railroad terminal in the 1800’s as the western United States realized massive growth. Today Lincoln continues its agricultural heritage and is also known for its production of clay, lumber and building materials. The world-renowned Gladding McBean & Company, located in downtown Lincoln, is the only remaining major manufacturer of decorative architectural terra cotta in the United States. The plant also produces clay sewer pipe and is one of Lincoln’s major employers. Other top employers in the area include Sierra Pacific Industries, Rogers Coffee, RobbJack and Western Placer Unified School District.
Lincoln still retains its small town atmosphere with tree lined streets, quaint shopping and dining and a town square filled with community events throughout the year and has the lowest crime rate in the county. Annual festivities that help contribute to Lincoln’s small town charm and appeal include events such as Farmer’s Market during the summer, a traditional Fourth of July Parade and celebration, the Tour de Lincoln Bike Ride, a Classic Car Show, Lincoln Showcase a Food and Wine Tasting Event and a Holiday Parade and Tree Lighting Ceremony each December.
Lincoln values its small town atmosphere, yet encourages careful, well-planned growth. Residents and city officials alike share a positive, forward-looking attitude toward expansion for their city with a common goal to foster a progressive business climate while maintaining a desirable balance of employment, housing, commercial, retail and recreational opportunities. A new General Plan was completed in 2008, providing a blueprint for the community and the future growth of Lincoln.
As it continues with its future development, Lincoln insists that new growth is well planned. The City’s goal is to maintain its small town atmosphere while bringing to Lincoln a more balanced jobs to housing ratio and an associated diversified and healthy revenue stream.
A City of Opportunity
Our Mission Statement: To provide the highest level of service responsive to our community's expectations and to enhance the quality of life and economic vitality.
Apply for Job Interested
770 Seventh Street Lincoln, 95648
ABOUT THE POSITION The City of Lincoln is seeking qualified Part-time Reserve Police Officers - Level I, II, and III trained Police Officers. Successful candidates may be assigned to patrol duties in accordance with POST requirements. Upon completion of the Lincoln Police Department Police Training Officer Program, Reserve Officers will be assigned law enforcement duties on as needed basis. The types of duties assigned will be dependent upon their level of training and experience. This position receives no compensation nor does it include benefits.
QUALIFICATIONS Twenty-one years of age; education equivalent to the completion of the twelfth grade; 30 college units (in addition to those earned at the academy) desirable; completion of POST Level I, II, or III Police Officer Training Modules, or POST Basic Academy; possess a valid CA driver's license; and must be available to work at least 16 hours duty time and four hours training time per month.
Additionally: Level I - Regular Basic Course, (664 hours), Field Training Program, (400 hours) and Continuous Professional Training, (24 hours every 2 years)
Level II – Police Officer Training Program Modules I and II, (333 hours) and Continuous Professional Training, (24 hours every 2 years)
Level III – Police Officer Training Program Module III, (144 hours)
WORKING CONDITIONS/PHYSICAL REQUIREMENTS Mobility to work in both an office setting and field work; lift and carry weight of 50 pounds or less; strength and stamina to perform law enforcement duties, including making arrests; chasing suspects: vision to meet department standards; hearing and speech to communicate effectively in person or over communication equipment; analyze work papers, reports and special projects; remember accounts given by witnesses; identify crime suspects; interpret and apply the law in field situations; observe while conducting surveillance; problem solve crime situations; and explain the law to the public.
APPLICATION AND SCREENING PROCESS All applicants must complete a City of Lincoln employment application. POST Certificates must be attached to the City Application. The applicant has the responsibility to explain his/ her qualifications fully and clearly. Applications will be screened based on qualifications, and those applicants that best meet the needs of the City will be invited to participate in the City’s selection process. Offers of voluntary employment are conditional subject to successful completion of a CVSA, thorough background investigation, and a pre-employment medical and psychological exam. Applications must be submitted to the City of Lincoln Human Resources Department. All applicants will be notified by mail following application review.
Ideal Candidate
Volunteer Position, no benefits involved.
Recruitment Contact
hr@lincolnca.gov
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Bradford appoints first Director of Medical Education
The University of Bradford has appointed Professor Martin McAreavey as its first Director of Medical Education.
Professor McAreavey will lead the development of the Undergraduate Medical Programme at Bradford, working in collaboration with local NHS Partners, the General Medical Council, Department of Health, and Bradford Metropolitan District Council. Martin has a strong track record in medical education and will represent the University regionally, nationally and internationally.
Professor McAreavey’s appointment will support the University’s ambition to develop a medical school in response to the Department of Health’s objective to make the NHS self-sufficient in doctors by 2025.
Professor McAreavey said: “I am delighted to be coming to the University of Bradford to take on this important role and I look forward to working with students, colleagues and partners in helping to lead and deliver an exceptional experience for health professions students.”
He graduated with a First Class Honours degree in Medical Psychology and MBChB from the University of Dundee, Scotland. He trained as a General Medical Practitioner (GP) in Scotland, becoming a Member of the Royal College of General Practitioners (MRCGP), before moving to England to train as a Consultant in Public Health Medicine. He later became a Fellow of the UK Faculty of Public Health. Most recently he was Deputy Director of the Leeds Institute of Medical Education and an Associate Professor.
Professor McAreavey is an Honorary Consultant with Public Health England, a Non-Executive Board Director for Doncaster and Bassetlaw Teaching Hospitals NHS Foundation Trust, and a Fellow of the Higher Education Academy.
Professor Shirley Congdon, Deputy Vice-Chancellor (Academic), said: “I am delighted that Professor McAreavey has agreed to take up this important position. He has significant experience in the field of medical education and will provide strong leadership at a time when we are intending to expand our health portfolio to include undergraduate medical education and to transform the approach to medical and health care education more broadly. Professor McAreavey understands the challenges facing our healthcare system and the importance of assuring quality care whilst seeking out more effective and efficient approaches to prediction, prevention, diagnosis and care.”
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Hospitality 'key to economy's growth' in Europe
A new report suggests hospitality plays a big role in providing youth employment and investments.
The study - entitled The Hospitality Sector in Europe - by EY (previously Ernst & Young) concluded that the sector is also important for jobs and growth in other areas.
Hospitality was responsible, directly and indirectly, for an output of €1 trillion (£836 million) in 2010 - providing 8.1 per cent of the EU's total output that year. For every €1 spent in the sector, the wider economy was funded by €1.16.
EY claims that 16 million jobs are supported by hospitality, equalling one in every 13 jobs across Europe. This is positive news for all the sub sectors, such as restaurants, hotels and catering equipment, as it shows a very large, growing industry currently at work.
Looking specifically at the UK, the study reports an output of €146 billion from hospitality, contributing €22 billion in taxes. It also supported 2.7 million jobs and - between 2010 and 2012 dash created a further 153,000 roles.
The news is being met with positive response from other organisations. Chief executive for the British Beer and Pub association Brigid Simmons said the findings highlight the importance the hospitality sector plays in Europe, but more needs to be done to ensure longevity and success.
Mr Simmons said: "Policy makers need to focus on how they can allow [the] beer and pub sector to create jobs and provide new opportunities for business - not least through taxation, such as more action on business rates and beer duty."
The lead author of the report John Hopes also expressed concern for the future of the catering industry.
Mr Hopes said: "Measures adopted in times of austerity, which increase tax rates at a time when disposable incomes are falling, are likely to undermine the ability of the sector to generate growth."
He argues that the immediate response will be cost cutting followed by a decline in capacity.
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{ "637889": { "url": "/science/wave-particle-duality", "shareUrl": "https://www.britannica.com/science/wave-particle-duality", "title": "Wave-particle duality" ,"gaExtraDimensions": {"3":"false"} } }
Wave-particle duality
Wave-particle duality, possession by physical entities (such as light and electrons) of both wavelike and particle-like characteristics. On the basis of experimental evidence, German physicist Albert Einstein first showed (1905) that light, which had been considered a form of electromagnetic waves, must also be thought of as particle-like, localized in packets of discrete energy. The observations of the Compton effect (1922) by American physicist Arthur Holly Compton could be explained only if light had a wave-particle duality. French physicist Louis de Broglie proposed (1924) that electrons and other discrete bits of matter, which until then had been conceived only as material particles, also have wave properties such as wavelength and frequency. Later (1927) the wave nature of electrons was experimentally established by American physicists Clinton Davisson and Lester Germer and independently by English physicist George Paget Thomson. An understanding of the complementary relation between the wave aspects and the particle aspects of the same phenomenon was announced by Danish physicist Niels Bohr in 1928 (see complementarity principle).
wave-particle dualityA lesson on how small things, like electrons and protons, can behave like both a particle and a wave. © MinutePhysics
wave-particle dualityA demonstration of the wave-particle duality of an electron. © MinutePhysics
This article was most recently revised and updated by Erik Gregersen, Senior Editor.
quantum mechanics: Basic considerations
…and matter have characteristics of particles and waves. The gradual recognition by scientists that radiation has particle-like properties and that matter has wavelike properties provided the impetus for the development of quantum mechanics. Influenced by Newton, most physicists of the 18th century believed that light consisted of particles, which they…
quantum mechanics: The electron: wave or particle?
Young’s aforementioned experiment in which a parallel beam of monochromatic light is passed through a pair of narrow parallel slits (Figure 5A) has an electron counterpart. In Young’s original experiment, the intensity of the light varies with direction after passing through the…
radiation: Types of radiation
…is referred to as the wave–particle duality and provides in large part the foundation for the modern quantum theory of matter and radiation. The wave behaviour of radiation is apparent in its propagation through space, while the particle behaviour is revealed by the nature of interactions with matter. Because of…
Louis de Broglie
Lester Halbert Germer
De Broglie wave
Complementarity principle
Zero-point energy
Schrödinger equation
Hartree method
Perturbation theory
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Yacht Rock Revue
You’re Welcome! The Yacht Rock Revue is the Greatest Show on Surf and the finest tribute to ‘70s light rock to ever perform anywhere. Ever. Their spot-on renditions of Hall & Oates, Michael McDonald, Steely Dan, and the rest of the Time-LifeInfomercial Catalog have enthralled fans across the United States. It goes without saying they have taken their act to the high seas, performing showcase sets on music cruises with Weezer, Kid Rock, Train, Zac Brown Band, Sister Hazel, and fitness guru Jillian Michaels.
By blurring the lines between a tribute, an original act, and a comedic troupe, the Yacht Rock Revue has forged a unique niche market and a special bond with their fans. The band attacks each song as if it were their own, and the energy exchanged between the band and the crowd has more in common with a stadium U2 show than that of a typical bar band.
The band has won accolades ranging from “Best Place to Get Drunk With Your Dad” to “Best Overall Music Act in Atlanta” to “Best Place to Start an Extramarital Affair,” and has been name-dropped by the New York Times, Pitchfork, the Guardian UK,Spin, TimeOut New York, Billboard, MTV.com, and (probably) your mom at her last cocktail party.
Speaking of name-dropping, members of the band have played on-stage with members of Weezer, Billy Joel, Walter Egan, .38 Special, John Mayer, Zac Brown Band, Little River Band, Sheryl Crow, Noel Gallagher, Starbuck, Sarah McLachlan, Don Henley, Lynyrd Skynyrd, Neil Finn, Jellyfish, Devo, Nine Inch Nails, Joan Jett, Wet Willie, Bon Jovi, Skid Row, and the Saturday Night Live Band. (None of those were a joke.)
The Yacht Rock Revue has packed out shows at historic venues including the Variety Playhouse in Atlanta, the Knitting Factory in New York City, Athens’ famed Georgia Theatre, Washington DC’s State Theatre, and Nashville’s Mercy Lounge. They played at the finish line of the Peachtree Road Race for 50,000+ two years running; played on Turner Field for 30,000 fans on July 4; and sang the National Anthem at Braves Manager Bobby Cox’s last game.
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J.P. Taravella High School
Virtual Counselor
FCAT Explorer
Athletic Paperwork
Sports Info
McNicol Middle School Named Finalist in National Middle School Kindness Challenge
Broward County Public Schools (BCPS) congratulates McNicol Middle School for being named one of 10 national finalists in the Middle School Kindness Challenge. McNicol Middle was selected as a finalist from 600 schools across the country that participated. For being named a finalist, McNicol Middle receives $1,000 to support activities promoting kindness at the school.
“We are honored to be named a national finalist in the Middle School Kindness Challenge,” said McNicol Middle School Principal Melissa Gurreonero. “We believe, we have the responsibility to not only educate our students with regards to academics, but to also support our students social and emotional needs to help them grow into positive members of our community. By fostering and teaching students about kindness, and its lasting impact on others, we are creating well-rounded citizens.”
The goal of the Middle School Kindness Challenge is to improve school climates by providing a no-cost, user-friendly platform for teachers to access high-quality, easy-to-implement lessons that help students strengthen peer relationships, build empathy and develop a positive mindset.
As part of McNicol Middle’s Kindness Challenge, students collected personal care items such as soap, toothbrushes, toothpaste, shampoo and conditioner for Broward County Outreach Center, which provides resources and support to the homeless and those in need. In addition, students participated in weekly classroom activities, such as One Word, in which students wrote down a positive word about another student – and then shared the note with the student. “Students enjoyed reading positive words about themselves and were happy to see their peers say positive things about them,” said Melissa Goulet, McNicol Middle’s Kindness Captain.
To learn more about the Middle School Kindness Challenge, visit kindnesschallenge.com
Pictured above: McNicol Middle School Students Participating in the Middle School Kindness Challenge
ABOUT BROWARD COUNTY PUBLIC SCHOOLS
“Committed to educating all students to reach their highest potential.”
Broward County Public Schools (BCPS) is the sixth-largest school district in the nation and the second-largest in the state of Florida. BCPS is Florida’s first fully accredited school system since 1962. BCPS has more than 271,500 students and approximately 175,000 adult students in 234 schools, centers and technical colleges, and 88 charter schools. BCPS serves a diverse student population, with students representing 204 different countries and 191 different languages. Connect with BCPS: visit the website at browardschools.com, follow BCPS on Twitter @browardschools and Facebook atfacebook.com/browardschools, and download the free BCPS mobile app.
10600 Riverside Drive
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Posted on August 1, 2015 by Bruce
‘A most entertaining hybrid of memoir and cultural history’: Rock-n-Reel Magazine.
More info on the Rough Notes page …or at Amazon UK and Amazon US
Posted in Music, Writing | Tagged Attractions, Bruce Thomas, Elvis Costello, fantastic voyage, hall of fame, lakeland, oliver's army, Paul McCartney, the who, U2, vertigo | 184 Comments
184 Responses to Rough Notes
Adam Kent-Isaac says:
A song to start my day: https://www.youtube.com/watch?v=E6VYB-F2RBM
Just remembered this one. I can’t really pin down the style, but it’s kind of Beach Boys/Beatles sounding. I love the bass run at 1:32.
A most pleasant melodic ditty. I think in another era, maybe with better slightly better production values, the Bears would’ve done very well.
Ed Morgan says:
I don’t see a kindle version available for download. I suppose I will purchase an actual book for once. Out of curiosity does the book make mention of Mad About the Wrong Boy? I would think that would be good for a page or two.
I’ll get round to a Kindle version later. Buy a book — it’s an object of beauty. ‘Mad’ does get a mention — it’s good for almost a page 🙂
This book, in terms of as a physical object, is well-made and comfortable to read – the size is good, and the front and back covers are coated with some kind of soft, almost rubbery-feeling material that is easy to hold and read – rather than the slick cheap-feeling material of many books today.
Well … if you’re going get serious about it. It’s proportions are pleasingly closed to the phi ratio embodied in the Golden Rectangle — the most harmoniously pleasing shape for a rectangle. 🙂
Mike Miller says:
And, I thought your take on the reason for it’s creation was very interesting. I never thought about it in that sense.
Neither did I, till Mr Kent-Isaac started.
A book it is then. “Mad” is a nice fun listen. I had tried unsuccessfully to find it here in the U.S. some years ago and I actually ended up on Steve Nieve’s web page and on a whim sent a message asking if it was available anywhere. He was very kind to make a copy and mail it to me.
Very good — I’ll get in touch with him for my royalties 🙂
I was referring to the creation of the Mad album, actually.
In the old days, designers would use similar Greek ratios to lay out recording rooms and listening halls.
…And cathedrals, and pagan subterranean resonant sounding chambers, etc etc. I can’t say that the Mad album had any esoteric input involved in its creation. Although the Greeks used it a lot in their architecture, it’s not a particularly “Greek” ratio, it’s found in the relative length of the bones of the skeleton etc. A series of “stacked” Golden Rectangles follows the Fibonacci series of numbers, which in turn leads to the construction of the logarithmic spiral — and the shape of everything from nautilus shells, to sunflower seed heads and galaxies. …Or so heard from my neighbour Mr da Vinci.
I am a Freemason and our ritual and mythology contains a great deal of this stuff.
The house next door to me is Masons Cottage. The village I live in is one of the few English villages with no church. It was built as a secular village — and as a Knights Templar enclave. Temple Farm is just up the road. There is a lot of riualised landscape around here — earthworks, burial chambers and standing stone cirlces.http://www.stonehenge-stone-circle.co.uk/avebury-wiltshire.htm
In addition it’s the epicentre of crop circle activity in the UK. http://temporarytemples.co.uk/crop-circles/1996-crop-circles
On top of that there is a lot of military activity because of the accompanying UFO anomalies. There are also some “interesting” locals — including a banker with an £8 million pyramid built on his land, where the great and good come to meet every so often — our own Bohemian Grove. https://www.flickr.com/photos/anguskirk/3473871096/ (I live over the other side of the hill).
I guess I will avoid playing Rectangle Trivia with you guys the next time we’re at the pub.
You’re so square, or is it that you move in the wrong circle.
In my circle, no one takes a side.
Very wise.
Next time you are by Mason’s Cottage or any other building with a similar name, look around to see if you can spot any Masonic symbols carved into the stone.
It used to be a pub called The Masons Arms. It’s a fairly popular pub name!
Another thing I noticed in Rough Notes was that you used the example of James Taylor as the kind of soft and bland rock with uninteresting bass parts. This is certainly an understandable perspective given the musical environment you came up in – yet James Taylor was one of the artists that first got me interested in bass lines as a kid, listening to the 80s-era Taylor albums that my parents would frequently play in the car during vacations. Taylor actually employed some solid session bassists – Leland Sklar is the most notable – but the J.T. album I listened to most as a kid was “That’s Why I’m Here.” While utterly drenched in uber-cheesy 1980s production and synth abuse, it actually features Tony Levin of King Crimson on a number of tracks, and those were the tracks that helped spark an interest in bass parts in my 6 year old mind.
In particular, this one, filled with growls, slaps, and glissandos :
https://www.youtube.com/watch?v=Og15E4qljYk
And ‘Turn Away’ featuring a number of very tasteful fills and an interesting line on the mini-bridge (“it was true love, it was etc”) :
https://www.youtube.com/watch?v=niF3fhLiFto
Your input is appreciated — and accurate. You are right in the grand scheme of things. But as you also rightly observe, in the context I was writing about, compared to the thrill of seeing the J Geils Band, James Taylor was as soppy as they come — and definitely what music (and I) were seeking to head away from , not embrace in the comfy rocking-chair slipperdom of premature middle-age. To paraphrse Spinal Tap — Fire and Rain can make steam — but they also make lukewarm water.
Also, good show giving props to Tina Weymouth of Talking Heads – she has a lot of great lines, my favorite being “Wild Wild Life” which sounds at times more than a little bit Thomasian with the descending major scale riffs.
Oh yeah, I just remembered – one of the other songs I heard as a kid where I really remember the bass line standing out, is Jackson Browne’s “Somebody’s Baby”. Which features on the bass none other than J.Taylor’s sideman, session workhorse Leland Sklar.
https://www.youtube.com/watch?v=M6pT_BDpnog
You got to admit, it is a great groove and restrained, yet still full of great fills and even some slapping.
(Sorry to be posting so much….just sequestered inside and bored on this dreary day.)
Youa’re welcome to post until you have an entire fence 🙂
Well, I finally got around to reading the book. It didn’t me long to finish it, which is usually the case with material that I am really interested in – but I usually go back and re-read it, in bits and pieces, gradually to get a deeper reading of it. And so I will have numerous comments and questions over time. But for now, one thing that stood out to me was the mention of Wayne Cochran and the C.C. Riders. A blue-eyed soul group which will be unknown to most people, but which will be very well known to fans of Jaco Pastorius, as he got his start touring as the bassist for the C.C. Riders. The biography of him goes into great detail about Cochran’s band and their wild antics. He was only one in a line of several bassists who toured with the group over the years, so you may or may not have seen him.
Well thank you for that quite astonishing bit of new information — I would certainly have included that nugget in the text of the book, had I known.
Here is a rare live recording of a C.C Riders performance with the Jaco, (at that time, spelled “Jocko”, as he did not adopt the French spelling until later.) He also created the arrangements for a lot of their songs, including this one. Only 20 years old at that time, he was an already gifted composer and arranger .
https://www.youtube.com/watch?v=YmOwFYMLsDc
A further query: that camera given to you by Elton John, do you still have it? What type of camera is it?
No, I don’t have it. It was a Polaroid folding camera. They broke fairly easily, but it was the thing to have …in 1973! Best thing about them was you could maniuplate the chemicals in the print before it set. Tere was a brief ‘art movement’ along those lines. With social media it might’ve turned into more of a thing.
Jerry Cohen says:
I see you already contributed to this story, but was My Aim Is True really re-recorded by The Attractions in its entirety? If it was, it’s the great lost EC & The Attractions album – your Smile, as it were.
https://ianduryauthor.wordpress.com/2015/09/19/costellos-mystery-recordings/
I think we certainly re-recorded some of the tracks from MAIT — wasn’t there was a version of Blame it on Cain floating around on an EP with a couple of other tracks, if memory serves? Though they may have been live recordings. Don’t ask me — if you can remember the 70s you weren’t there 🙂
LOL, the chicken farmer quote. Classic Bruce.
Riding on a bus yesterday through the rural hinterlands of Nova Scotia while listening to ‘Pump it Up’. You need a car to get around in Nova Scotia, and there everyone has at least one, and so most of the people on the bus seemed to be drunks who’d lost their licenses!
http://postimg.org/image/ibzvkpu5b/
Oh yeah – almost forgot to mention, the copy of ‘Rough Notes’ that I had ordered SPECIFICALLY to read during this trip….I managed to leave it at home! Although I’d made a point of it being one of the first things in the suitcase, it got shuffled around at some point during the re-arrangement of items, and I forgot to put it back in the bag! Looking through my bags earlier, and not finding it, felt a little like pulling the cord for a parachute and not having one. But I’ve asked my girlfriend to express mail it to my friends’ house in Nova Scotia so I can at least have it for the trip back home!!
I could’ve predicted it 🙂
Check this guy out:
https://www.youtube.com/watch?v=hopeFgwApCM&feature=youtu.be
You wanna see something really scary — check out Jeremy Corbyn!
Roddy Ring says:
I get the impression that Corbyn doesn’t like us much over here.
He’ll be gone by Christmas.
…….if only in our dreams.
There’s nothing in the streets
Looks any different to me
And the slogans are replaced, by-the-bye
And the parting on the left
Are now parting on the right
And the beards have all grown longer overnight
I’ll tip my hat to the new constitution
Take a bow for the new revolution
Smile and grin at the change all around
Pick up my guitar and play
Just like yesterday
Then I’ll get on my knees and pray
We don’t get fooled again
Don’t get fooled again
No, no!
Yeaaaaaaaaaaaaaaaaaaaaaaaaah!
Meet the new boss
An explanation of this photo is in order, sir!
https://www.facebook.com/photo.php?fbid=10205896430024956&set=gm.10154167215351686&type=1&theater
You’re right!! I haven’t got one. Bloody scary.
“It’s an optical illusion” always works.
…Yeah — that, or the tongues were Photoshopped out 🙂
This one’s better. It’s from that fellow’s F/B page. Quite a few there I haven’t seen.
http://westendstudio.com/wp-content/uploads/2015/08/ECB1.jpg
Thanks for the memories.
http://westendstudio.com/wp-content/uploads/2015/09/SNL.jpg
Can’t get on your site at the moment.
Yes I know. I’m about ready to strangle a geek.
Good luck — I’m about ready to strangle the second roofing guy who hasn’t turned up “because it might rain” — which is why I need the roof fixed in the first place!
Sounds like you need more “southern labor”. No shortage here…that roof would be repaired by tea time.
At the moment we’ve got no shortage of labour — just people willing to work.
The link now works. Cool pic.
OK, so a question I have to ask:
I just heard the studio version of “Big Sister’s Clothes” for the first time, and realized that it was absolutely NOTHING like the version that I have always had. (In fact, I thought it far inferior.) The version I have, I can’t find anywhere on YouTube, but this live version from the 80s (from some TV special?) has the same overall rhythm, a hard-hitting reggae style, which I find to be a HUGE improvement on the album version.
https://www.youtube.com/watch?v=RWMzYxXokko
But it is still not exactly the same version as the one I have, whose arrangement sounds almost like a Roxy Music song.
Many of my EC&A songs on my computer come from a compilation called “Radio Sessions.” I know that some of the songs among them were originally from Peel Sessions, but all the Peel Sessions songs are up on YouTube. There are 4 Peel Sessions that I can see, and none of them contain ‘Big Sister’s Clothes.’
Do you know where this version of the song is actually from?
Here’s a secret. Elvis played bass on the version of the song that is on the album as I didn’t turn up at the studio that day. Maybe that accounts for the difference in quality you cite. That interviewer in the clip sounds Dutch to me.
Oh, that’s the one where you broke the G string on “Shabby Doll”
https://www.youtube.com/watch?v=mfBvBmfZHlQ
I stand corrected — I remember that now, that was in Sweden — a Euro broadcast with an audience of 18 million.
Well, the version I have notably has a short bass solo, and then at the end of the song, turns into “Stand Down Margaret”.
Bass solo!!!
There’s several things that can happen in regard to G-Strings.
Regarding your revelation, I have always thought that something sounded starkly different about that part.
Paul Inglis says:
I think the version Adam is referring to is from a Kid Jensen session from June 1983.
I’d agree that I prefer it to the Trust studio version – which is mostly Elvis, by the sound of it … no drums other than a couple of thwacks on timpani and mostly “atmospheric” keyboards. Plus, even if one can make a noise on the bass, it’s no substitute for a proper bass player! It’s not awful … but it’s not the Attractions. A bit like one of Pete Townshend’s solo demos compared to The Who in full flight.
Grammer lesson for today:
http://westendstudio.com/wp-content/uploads/2015/08/Tents.jpg
Like the pair of campers that went to the doctor about being stressed — he told them they were two tents.
Intensities in tent cities.
Pun-taastic 🙂
The other day, I was showing investment properties to a client, and saw a house in disrepair – which had become occupied by a different kind of tenant. I had my camera with my so I took a picture:
http://postimg.org/image/oeay6chqd/
Bless him. I’m sure you’ll make sure he doesn’t come to any harm.
Saw this on your YT channel:
https://www.youtube.com/watch?v=2PFRdEUN240
And I thought people here got pissed off in traffic!
Yes — a perfect example of what happens when a flood of emotion raises the centre of gravity from its natural place in the pelvis to the upper chest, thus making the person top heavy.
My kinda place:
http://westendstudio.com/wp-content/uploads/2015/08/Catcafe.jpg
If it’s in Korea, that’s just before they get eaten 🙁
If it’s in North Korea, everything in the Café, including the people and the furniture, has already been eaten, (or executed for treason).
About 15 years ago or so, a fairly prominent “Japanese Hibachi” restaurant ( although I doubt anyone working there was of Japanese heritage) in Kansas city was subject to a surprise inspection by the City Health Department. The inspectors discovered inside the walk-in freezer, several skinned and gutted canines hanging from hooks. When questioned, the manager reportedly said: “Not for customer…dogs for us”.
I don’t suppose they came by them legitimately, though.
Whistling from behind the building, I think.
Testing. My last attempt was “blocked as spam”.
Per your new book: Where in Penzance was The Attractions’ first gig? I was there in June and had I known I would have stopped by to pay homage. If there is not a blue historical plaque at the location, there should be!
As far as I know, there’s only one gig in Penzance, which is the Winter Gardens. It’s proabably not there now. (Anyone with a blue historical plaque should visit a dentist.)
Test successful 🙂
It’s finally arrived at my far flung hideaway! I didn’t put it down until page 221, and that was only because it was 2.30AM. Definitely a “page turner”! I will probably finish the rest in one more sitting, and will emerge wiser and thoroughly entertained. Thanks Bruce, for it making it possible.
Far flung hideaway? Sounds good.Thank you for your kind comments. Perhaps if people are in such a rush to get to the end, I’ll write the next one backwards.
Steve Naive’s dog:
http://westendstudio.com/?attachment_id=1596
And his agent…
http://i.imgur.com/2CQ317E.gif
Thought that looked like the “Rough Notes” author.
There’ve been moments…
Of course it’d be a tuxedo cat. They’re the smartest kind.
That is about the extent of my keyboard playing and singing abilities. Reminds me a bit of the piano intro to this one:
https://www.youtube.com/watch?v=eZvMUYiUrqA
Nieve….I stand corrected.
You can sit down and be corrected if you like — we’re very easy going on here.
I believe that dog left that tune hanging on the IV, but what else would I expect but an artsy ending from a poodle?
My review just went live on Amazon, but here it is…
“Anyone wishing to understand what made Elvis Costello’s classic recordings tick need only to look as far as his ace band, The Attractions, and their stellar bassist, Bruce Thomas. Fortunately for us, Thomas’s writing is as crisp and inventive as his bass lines, and he takes us on a trip through four exciting decades of rock & roll, and along the way we get to meet (up close and personal) the likes of Paul McCartney, Elton John, Pete Townshend, Johnny Cash, David Gilmour, and of course, Mr. Costello himself. Thomas turns a sharp and sometimes wistful eye on a surprising career that didn’t always go in one direction, but whose detours and zig-zags were never dull. Musicians will be pleased at the amount of knowledgeable detail about music and recording, but it’s never technically overwhelming for the casual fan who just wants a good read. We are quite fortunate that Mr. Thomas writes as cleanly and inventively as he plays.”
I can’t argue with any of that !! 🙂
Just finished “Rough Notes”. I have to say it was the best rock & roll memoir I have read, and answered nearly all my questions about what happened to EC and the A’s. Just so you know, my first show was the LA Sports Arena in ’81 where you did a country set as well as played half of the unreleased Imperial Bedroom. I was completely blown away by the performance. Among other shows mentioned in the book I was at all five “live rehearsal” shows at The Beacon in NY (great shows; hence my disappointment when the ensuing ATUB LP sounded so lifeless); and the last Attractions US show in Seattle, before the final shows in Japan. From a musician’s standpoint I also appreciated the inside dope on the recording sessions (would have loved more of that!) and the accounts of the monotony and insanity of life on the road. When people “accuse” me of being a “big Elvis Costello fan”, I always correct them and say that I am an “Elvis Costello and The Attractions” fan, and carefully explain the difference. In future I will just refer them to your fine tome. Thanks again for a great read, and I wish you robust sales.
Thanks for your feedback and kind comments. I hope it helps make sense of a few things, including the “Useless” album.
You’re all over KC at the moment:
http://westendstudio.com/?p=1574
You’re a star.
Neil Jones says:
I’ve got your book ordered as a wedding anniversary present. I hope there’s a little romance in there along with the drugs and rock and roll? 🙂
Romance is a wonderful thing. So is hope 🙂
BorisBrain says:
There’s a few reformation-era soundboard recordings that have found their way onto YouTube recently, none more clear and startling than this from Tokyo ’94:
http://www.youtube.com/watch?v=h94ZUoD8Bso
That’s some astonishing bass playing going on throughout sir, with New Lace Sleeves and Shabby Doll being particularly sublime. I guess it must have been another day in the office for you, but nonetheless I take my hat off to you.
Stay groovy,
it’s the Danelectro Longhorn Bass in there — they record so cleanly. We were playing well at the time because we were all enjoying it — it was the brielf most-postitive period of the reunited band. You’re right, it is an amazingly good sound — but in the end he preferred a quiet life 🙂 (Groovy I shall stay.)
Audio Ammunition says:
Glad that you’ve found and enjoyed this upload of mine. I always was a fan of the more upbeat albums – Brutal Youth, This Year’s Model, Blood and Chocolate. It is the clearest sounding live recording I have ever heard, don’t know if the Japanese audience were particularly quiet or a long way from the stage mics but they are barely audible. Close your eyes and the band could be in the room with you. Been a huge fan of EC & the A’s since they started and must have close to 100 live recordings so thought it would be good to share the better sounding ones on youtube for everyone to enjoy. (Sorry Bruce but you’re not on all of them). https://www.youtube.com/playlist?list=PL6MVCagbi9iQwmz-B5Xbez2ih1mKPWubJ
I should think, as you say that the audience was only being picked up on the stage mikes. That’s a hell of a collection you have there.
Quite a collection, AA! I never considered EC & A’s to be much of a “sing-a-long” group, but check this out at 1:25:40:
https://www.youtube.com/watch?v=nl1eLfSljV0
A new song by Wilco, one of the best current American bands in my opinion, with a rhythm that reminds me more than a little of ‘Pump it Up.’ Notice also the octave vocals, Squeeze-style – an underutilized technique that I have always loved the sound of.
https://www.youtube.com/watch?v=2r82YRkLAQA
I liked the ad that was on before the track, showing my local city bath in a very nice light. You’ll probably have a different ad in your neck of the woods though.
I don’t see any ads, because I installed Adblock Plus. It’s a browser add-on that totally eliminates any auto-playing video advertisesments. An ad for a local city bath…wow…if that was all I had to deal with, I probably wouldn’t have even bothered with Adblock, but the ads in the US are hideously obnoxious and annoying.
Actually — that’s a typo. I meant my local city, which is Bath, and is the most beautiful city in England. No wonder you were underwhelmed.
Hah, that makes more sense, I was thinking – “local city bath? Like a pool? Or some kind of spa?” I just assumed you meant something like that.
That would mean I was an idiot 🙂
happey birthday, broose,i got you this awsome base for your birthday present. some final assembly required. but it comes w/ some nails and a hammer.
http://postimg.org/image/x91ydvi9d/
It’s obviously a serious attempt – hence the exotic wood.
I had this one in mind for you… I believe it once belonged to Picasso…
http://www.ebay.co.uk/itm/like/271946556798?clk_rvr_id=885028123976&item=271946556798&vectorid=229508&rmvSB=true
There are crates of whiskey and tequila stacked up behind the bass. A possible clue to its construction.
Ah — yes — well observed. A possible further clue not only to the material used for its construction but to the state of the constructor.
As the old farmers would say: “You could get the cats from under the granary with that thing”
Ah — but could you get them unhooked from a bath towel?
David Witherington says:
Happy Birthday, Bruce! Cheers from Greenville, North Carolina. 🙂
HBD! Hope you have a great day! It’s only a number….The quality is what matters.
…and the quality of the wine I’ll be sampling later. Many thanks.
George does NOT like going to the vet. When I took him for his checkup the other day, he was very naughty. He growled and hissed at her, and then when she tried to free his claw from a thread on the towel that it was stuck on, he attacked! Since I knew there might be a chance of such shenanigans, I recorded video of some of the checkup:
https://youtu.be/Xk4_q4lUNio
I am always amazed at the video and audio quality of the iPhone, by the way.
I think George handled it pretty well. I like him.
My bro-in-law is a long-time small animal vet. He restrains cats with the Spock “vulcan nerve pinch”. It renders them almost powerless, without hurting them.
http://westendstudio.com/wp-content/uploads/2015/08/th.jpg
StephenDrummer says:
Is there anywhere else to get your book rather than from the bastards at Amazon? I feel my desire to read it may be greater than my principles though….thanks.
It should be on extended distribution — ie, in the shops. You could order it via a shop and let them get it from Amazon. I know what you mean — but if we got rid of all the bastards at Google and Facebook, and all the rest who’d do the CIA’s work for them? If you feel that badly about it I’ll post you a copy. I have principles too, you know — and if you don’t like them — I’ve got several other sets you can choose from 🙂
Thank you. I’ll try my local book shop run by an old lady and her four cats – it may be between the Somerset Maugham and books about the Blitz though I don’t hold out much hope. I’ll do all I can to save you a trip to the Post Office – presuming you still have one…..
No shops or Post Office within 3 miles of me. But at least when I get in to town I can buy fresh sushi in Waitrose. Modern life. 🙂
I really enjoyed your book and only wished it was a bit longer as it lasted an intensive afternoon for me – it was a very pleasurable afternoon though! Although I still love Elvis’s music I miss the Attractions as the arrangements and playing were equal to the songs for me. I was wondering what you thought of the analyses of your bass playing from those august fellas from Bass Player magazine (or whatever it was). Was it a case of “Oh, is that what I was doing?” or ’At last! someone has realised what I was doing”? Thanks!
Thanks for your kind comments. In answer to your question — it was probably a bit of both. I knew what I was doing, but I wouldn’t have said it the same way.
Delighted to have just received a fresh copy of your book delivered, ahem, ‘down under’…I know I’m going to enjoy reading it. Thanks Bruce!
Hi Bruce. Just ordered the book. I now know how I will spend my Saturday. Amazon review forthcoming.
You sir, are a scholar and a gentleman.
Excellent. I’m glad you’ve found the “clearer air”.
Who’s the mystery backing vocalist? (Or at least the mystery miming backing vocalist). “N-word” edited out.
https://www.youtube.com/watch?v=1VEYIXdhqmw
What — you mean the good-looking one?
“One more widow, one less white…occupation…”
I guess it sounds better than just leaving an empty gap of silence.
I’ll see if Donald Trump has any tasteful suggestions 🙂
This reminded me of the great comedian Dave Chappelle’s skit. Looks like most of clips have been scrubbed from YouTube.
https://www.youtube.com/watch?v=um4wjQAOwHI
Which one is Rachel Dolezal?
I knew you were gonna bring that up.
…as the waiter said to the diner in the bad Mexican restaurant.
A very enjoyable and insightful read – and you were certainly as good as your word in expanding on some of the stories you’ve hinted at earlier in your blog.
Certainly many gems to be devoured – the Harley Street gynaecologist (hilarious!); Elton John’s 727 with Stevie Wonder – and EJ’s disappointing reaction at the Grammys; the ‘condiments’ video that never was; and the touching chance encounter with Pete in Marlborough, to name but a few in a collection of many. Thanks for sharing.
I could be wrong, but I thought I detected a bit of a wistful tone in latter parts of the book, where your Attractions career was viewed as the sum of its tremendous parts, rather than for any individual ups or downs. Was that an olive branch that you asked Pete to deliver, or are those bridges still scorched beyond repair?
Best wishes, and looking forward to more blog and video,
Earlier tonight I had the rare occasion to play some Jazz w/ my dad (who plays piano) and not wanting to drag the upright bass to his house, brought that Fender Jazz – the one that still has the same strings that were on it when I bought it 14 years ago. I recorded us playing a jazz standard, on my iPhone (!). I told you those strings sounded like an acoustic bass!
https://soundcloud.com/adamkent-isaac/all-of-me
Thank you Bruce and Mike. I just love the sound of those strings.
Hi, Bruce. It’s getting past my bedtime here, but I wanted to tell you that I could not put down “Rough Notes” until I finished it. Congratulations on writing one of the most thoroughly engaging books on music I’ve ever read. Even though I have followed the careers of EC & A since the SNL debut, this book illuminates that history like no other. Your personal anecdotes and memories made each concert and recording session come alive with a new perspective. And the early chapters reveal your own personal walk through rock and roll history in the making, not just as a fan but as a crucial element to that history. You don’t need that broken trophy, my friend. Your place in the Rock and Roll Hall of Fame is intact in your heart and soul, and on every page of this book. Thank you for sharing your life with us, and for all the great music. This is a 5-star book.
Thank you David. I had you guys in mind while I was writing. You know, I wouldn’t be disappointed if you could find it in your heart to put that up as an Amazon customer review. 🙂
You’re very welcome! I love the book, and have submitted a more in depth review to Amazon US. They’ll probably publish it later today. I got the book in on Thursday, and even had to take it to work with me yesterday. I couldn’t put it down and finally finished it last night. Well done. 🙂
Thanks, bro.
Last night I dreamed I found a little tiny flying cat with wings, about the size of a fly.
Are you sure it wasn’t a fly that looked like a cat?
Don’t eat popcorn before you go to bed.
We had the first political debates last night. This about sums it up:
http://www.reactiongifs.us/wp-content/uploads/2013/03/santorum.gif
It sums them all up.
Did your hand fully recover or did you have some nerve damage?
There no feeling in the lower half of the third finger.
There’s no feeling in the lower half of the third finger. Good for slide guitar, though.
You lucked out that it’s the lower half.
There are several ripostes to that remark — none of which fall in the category of “good taste”.
Did I just get the finger?
https://www.youtube.com/watch?v=N3TOcw7taBo
Good that you’ve kept the whole bloody mess at arm’s length.
In more ways than one 🙂
joe positive says:
Will there be a kindle version?
In due course, not sure when.
Well done, sir but I haven’t read the other one yet. Give me a chance to catch up.
Don’t bother reading the other one then — this is way better.
I just saw the Billy kicked the bucket.
http://www.tennessean.com/story/entertainment/2015/08/04/breaking-legendary-producer-billy-sherrill-dies/31110363/
Too late to change what I wrote now! Actually, it isn’t. And I wouldn’t.
Wow, Bruce…5 excellent and enticing reviews on Amazon UK already! I read the first few “Look Inside” pages and can’t wait for Thursday (that’s when Amazon US says my copy will arrive). I wish you all the best with this. I see that Amazon UK is already “temporarily out of stock” – a good sign for early demand and maybe a second printing already. Go, man, go!! 🙂
I had to laugh regarding your story about building bass speaker cabinets, because of course, I did the same thing. Large and flimsy, mine was later reduced to a pile of rubble in a “Who-like” moment at a school gym.
I’m sure there’ll be similar moments throughout.
It’s OUT already?! I didn’t realize that. I thought you were just now announcing that you had begun writing this. I am very pleasantly surprised to know that it’s published already! I just ordered a copy with Amazon Prime and I will bring this along on my long trip in the Northeast, in September, just as I did the Big Wheel last year.
You’re going to wait till September to read it!?
Yes, I am saving it for my train rides, along with two novels by John Irving and one by Philip Roth. Last year, “The Big Wheel” sat on my bookshelf for at least a month, inside its packaging, for the same reason – although I was extremely tempted to read it, I managed to delay it until the trip.
Ok — I’m in good company there.
Is ordered, maestro. I await it with bated breath and baited hooks.
Hi, Bruce! Awesome! I just logged in and saw this…and ordered it immediately! You even beat EC to his release date (in October). I am SO looking forward to reading it. Great title too. 🙂
IanS says:
Any chance of a kindle version? Or a version available in Canada?
I’m checking it out.
Oh man, I can’t wait! This is great!!!
Mr Miller says:
I influenced YOU for once! Good luck with the book!
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How Agents of SHIELD Season 5 Ties-In to the Marvel Studios Movies
by Albert Ching
in TV, TV News
When Marvel's Agents of S.H.I.E.L.D. started back in 2013, it included plenty of overt connections to the Marvel Studios films, down to its main character, Agent Phil Coulson (Clark Gregg) crossing over from the big screen to the small one. Over the years, the show has evolved into more of its own entity, and the tie-ins to the movies have become less direct -- but that doesn't mean they're not there.
RELATED: The Avengers Have ‘Moved On’ From Coulson, According to Clark Gregg
The impending fifth season of Agents of S.H.I.E.L.D. looks to take the characters into the far reaches of oute space, and series producers Jed Whedon and Maurissa Tancharoen told reporters including CBR earlier this week at a press event in Los Angeles that it's not a coincidence that's happening after a couple of cosmically minded Marvel Cinematic Universe films like Guardians of the Galaxy Vol. 2 and Thor: Ragnarok, both released this year.
"We try to a little bit follow in the wake of the films as they plot new territory in the MCU," Whedon told press. "Last year that was magic, with Doctor Strange. We felt like Ghost Rider all of a sudden fit into our show in a way that we didn’t necessarily feel like he would have before, tonally. And this is us expanding out even further into the world of space which they very much are living in now in the features. It's the great unknown, and we hadn't explored it yet."
Of course, going into space doesn't mean that fans should expect Rocket and Groot to show up on Agents of S.H.I.E.L.D.. As Whedon and Tancharoen explained, it's more about a thematic tie-in at this point than one story leading to another.
"It's a thematic tie," Whedon told CBR. "We try to make it feel like that the whole thing is moving in this swelling direction. We're not in space for no reason. We wouldn't have gone there if they hadn't. The overt ties were a necessity of starting out, but those have faded over time, basically because we have our own mythology. That started to be much more interesting to us, and hopefully to the audience, just digging that stuff up. No one wants to come to see our show to see another show. Now they want to see our show, which, yay."
"We're glad that we're here with that," Tancharoen added.
Not only is Agents of S.H.I.E.L.D. now firmly its own thing, it's also continued to evolve each season -- something that will be especially apparent in season 5, with the dramatic change of venue.
"Every year we reset the series, and this year we definitely knew that it would be the most giant reset to date," Tancharoen said. "Just creatively across the board for everyone, art direction, all of it, our sets, you'll see an overhaul."
Viewers will get a chance to see that overhaul in the two-hour season 5 premiere, airing at 8 p.m. Friday, Dec. 1 on ABC. Keep reading CBR for more on the new season of Marvel's Agents of S.H.I.E.L.D..
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Nearly half of millennials turn to gig economy to earn more cash
By Megan Cerullo
June 7, 2019 / 2:12 PM / MoneyWatch
Millennials struggle with student loan debt
48% of millennial workers say they earn extra income on the side, according to a new Bankrate.com survey
Meantime, 38% of Gen Xers and 28% of Baby Boomers say they've engaged in the gig economy. .
Side hustles go well beyond Uber or Lyft: People with a few spare hours can walk dogs, give cooking classes or sell their artwork.
The gig economy is hot, and American workers -- especially millennial-generation workers under age 37 -- are taking advantage of the seemingly endless ways in which they can earn extra cash on the side.
Take Kelsea Gaspari, a 27-year-old sales manager for a financial services company and part-time law student, who spends up to 10 hours a week walking dogs on tech-enabled platforms such as Wag and Rover.
Gaspari, who says she earns an extra $100 to $300 a week, is among the 48% of millennial workers who say they have a side hustle to pay down debt, to earn extra money for living expenses or discretionary spending, or to boost their savings, according to a new Bankrate.com survey.
Employee or contractor: What's the difference?
Why are so many Americans entering the gig economy? "It's all based on working around you, and most jobs are not like that," said Kathy Kristof, editor of SideHusl.com, a website that rates and reviews gig economy platforms, and a former contributor to CBS MoneyWatch. "They are unique in that they are so flexible. Good platforms allow you to say, I have an unexpected hour here, I am going to check on Wag and see if someone wants me to walk their dog," said Kristof.
Opportunities for flexible, part-time work extend well beyond driving for Uber of Lyft -- an arrangement some drivers say provides no flexibility given how little money they earn after expenses using the ride-sharing app.
Gourmands can teach cooking classes in their homes, artists can sell their work through print-on-demand services.
"The options are now so varied and so rich that there are good options. It's not, 'Oh my god, I am going to have to do work,' it's more like, 'Look at all these cool little things I could do," Kristof said.
The explosion in opportunities has drawn more people -- across different generations -- into side hustles. 39% of Gen Xers and 28% of Baby Boomers said they've engaged in the gig economy, according to Bankrate's survey of 2,550 adults.
"One reason some workers feel they need second jobs is that there are now many more available than there used to be," said Andrew Schrage, founder of the personal finance website Money Crashers. "The sharing economy has grown quite a bit over the years, and now there are many more convenient options that allow people to partake in these jobs whenever they have spare time, day or night," he said.
For record number of millennials, there's no place like home
Slow growth in wages, despite an otherwise strong jobs market, has also driven more workers to seek opportunities outside of their full- or part-time jobs.
"Wages have been stagnant for a while, so the reality for a lot of people is they still need a side job to make ends meet," said senior Bankrate analyst Amanda Dixon.
Indeed, one in three Americans reported taking on a side hustle to earn extra spending money. "That's a bit of a concern because their primary job doesn't provide them with enough income for them to splurge a little -- people are looking to have a source of income to turn to just to enjoy life," Dixon said.
On a more promising note, 31% of millennials say they've taken on a side hustle in order to boost their savings.
"That's a positive thing," Dixon said, "because a lot of people are struggling to save, and a side hustle is great if you are looking to boost your savings and have money for emergencies. It's great to put that money into a savings account where you are earning a high amount of interest and it's great that people are understanding it's important to save."
First published on June 7, 2019 / 2:12 PM
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Mary J. Bullock, 85
SOUTH YARMOUTH — Mary J. (Connors) Bullock, died Saturday, Sept. 22, 2007, at the age of 85.
Mrs. Bullock, born in Cambridge, graduated from Cambridge High & Latin School in 1939. She graduated form Boston University, with a bachelor's degree and subsequently returned and earned a master's degree in education in 1959. During the early 1960s, she traveled extensively in Europe.
Following her marriage to the late John J. Bullock of Arlington in 1963, they resided in Lexington. Mary taught school for many years in the Somerville school system and was promoted to assistant principal. Upon retirement, Mary and John moved to South Yarmouth and spent their winters in Northport, Fla.
Mrs. Bullock was preceded in death by two sisters, Eleanor D. King of South Yarmouth, and Lillian F. Biladeau of Potomac, Md. She is survived by her two sisters, Virginia Diffin of Gold Canyon, Ariz., and Margaret "Peggy" Harsch of Mashpee; three brothers-in-law, Robert King of South Yarmouth, Robert Bullock of Wrentham, and Edward Bullock of South Yarmouth; a sister-in-law, Ruth (Bullock) Gilmore of Spring Hill, Fla.; and several nieces and nephews.
Friends and relatives are invited to visit at the Morris & O'Connor Funeral Home, 58 Long Pond Drive, South Yarmouth, on Friday, Sept. 28, from 9 to 9:45 a.m. A funeral Mass will be celebrated at 10 a.m. at St. Pius X Church, Station Avenue, South Yarmouth. Burial will follow in Mount Pleasant Cemetery, Arlington.
Memorial donations may be made to a charity of one's choice.
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Hyannis man arrested in alleged child rapes
Patrick Cassidy
HYANNIS - Police in Yarmouth have arrested a Hyannis man accused of raping two young girls in Hyannis.
HYANNIS – Police in Yarmouth have arrested a man accused of raping two young girls in Hyannis.
The man, Richard “Ritchie” Cura, 40, of Hyannis, allegedly raped two seven-year-old girls in the home where he rented a bedroom upstairs from where one of the girls lived, according to Barnstable police.
He was arrested this afternoon in a motel room in Yarmouth and taken to Yarmouth police station for booking, Barnstable police Detective Sgt. John Murphy said. He will now be brought to Barnstable, Murphy said.
Cura, who had lived at the Hyannis home for the past two years and is not related to the victims, was described as someone the family trusted, police said.
He allegedly lured the two girls to his room by asking them if they wanted to play video games.
Police obtained an arrest warrant for Cura on three counts of rape of a child with force; two counts of indecent assault and battery of a person under 14; two counts of enticement of a child under 16; two counts of assault and battery; and two counts of indecent exposure.
Cura, who is originally from Texas, was last seen leaving a West Yarmouth motel room late Wednesday afternoon, according to police. He was picked up by another man in a blue pickup truck.
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Home Our Region Jamaica
Jamaica: The Arrival Of The Indians
TOPICS:IndentureshipIndiaJamaica
Jamaica Hosay Parade
Posted By: Dr. Rebecca Tortello September 19, 2007
From 1845 to 1921, over 36,000 East Indians, mainly of the Hindu faith, were brought to Jamaica. Close to two-thirds of them remained. Following the abolition of slavery in the1830s, after failed attempts to source much-needed labour through bountied European immigration, the Jamaican Government turned to India and China. Indian labourers who had already proved successful in Mauritius, were therefore considered to be a good bet for survival in Jamaica.
They were, however, paid less than the ex-slaves and therefore originally lodged at the bottom of the society. Ironically, under the terms of their caste system, which valued light skin over dark, they in turn looked down on the ex-slaves. Relations between the two groups did not therefore begin on the best of footings.
The Indian Government took great interest in indentured labour. Recruiting depots were established in Calcutta and Madras and agents were paid significantly less, per recruit, than for a European labourer). The Government monitored recruitment, the terms and conditions of indentureship, and the guidelines for transport to Jamaica as well as eventual repatriation to India. Most Indians who signed onto indentureship did so with the hope of returning to their homelands with greater wealth and therefore better social positions. It even appointed a Protector of Immigrants in the country of indenture.
Unfortunately, as the Protector was never an Indian national, he tended to be more interested in the welfare of the employers than the labourers a sign that the programme would equal one of hardship for the labourers.
In order to sign onto an indentureship Indians were to appear before a magistrate, hold a government permit and fully understand the conditions of the labour contract. However, the contract was often explained in English and thousands of labourers simply put their thumb marks on the required line, without any true understanding of what awaited them following their journey across the sea.
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A Tale Of Three Cities
The 1962 Baseball Season in New York, Los Angeles, and San Francisco
Steven Travers
Nineteen sixty-two—it's been called "the end of innocence,” as America witnessed the Cuban Missile Crisis and the following year saw the Kennedy assassination and the early stirrings of Vietnam. In baseball, 1962 was a thrilling season.
Unfortunately, due to sales rights restrictions, we cannot offer A Tale Of Three Cities for sale in your country.
• A must-read for all enthusiasts of the history of American sport
Nineteen sixty-two—it’s been called “the end of innocence,” as America witnessed the Cuban Missile Crisis and the following year saw the Kennedy assassination and the early stirrings of Vietnam.
In baseball, 1962 was a thrilling season. Five years prior, the Brooklyn Dodgers and New York Giants had migrated west to Los Angeles and San Francisco, respectively, leaving New York to the Yankees. In 1962, those same Giants and Dodgers faced off to see who would advance to the World Series. Waiting to do battle were the Yankees, who were also battling for allegiance in New York with the Mets’ debut. The old Subway Series had gone cross-country.
Just as it was the end of innocence, it was an end of an era for the Yankees. Winners of eleven World Series titles in twenty years, they would go fifteen years— a record for the modern-era Bombers at the time—until their next championship. They appeared in the next two World Series, but by the end of the decade it was those upstart Mets’ amazin’ fans. The Dodgers would break through the following year and again in 1965 while the Giants—convinced they’d be back many times— have yet to win a title on the West Coast. Mickey Mantle and Whitey Ford, Willie Mays and Willie McCovey, Sandy Koufax and Don Drysdale, Casey Stengel. Steven Travers details Hollywood’s adoration of the Dodgers, San Francisco’s battle between inferiority and superiority, and New York, rulers of sport and society, experiencing the beginnings of a changing of the guard. Three cities, five teams, and one great year are all here in “A Tale of Three Cities”.
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Home OFFICIAL PARTNER COLUMNISTS Fashion & Textile Children's Trust FTCT: Debt isn’t inevitable – explore your funding options before taking out...
FTCT: Debt isn’t inevitable – explore your funding options before taking out a loan
Benevolent funds and trade charities may seem like a relic from a bygone age, but they still very much exist and there’s a good chance you could benefit from them.
‘You don’t get anything for free these days’ is a phrase that we’re surely all tired of hearing. As Child poverty rises at an alarming rate and household debt reaches equally worrying levels, it is easy to see how low-income families resign themselves to the need to borrow when money is tight.
But there is another option for thousands of families, and it’s one that the majority of people simply don’t know exists. Trade charities and benevolent funds have been around for centuries, supporting people who have worked for professions as wide-ranging as weavers to bankers and hundreds in-between, and today there are dozens in the UK that are just waiting for you to get in touch and ask for help.
Many of these funds, like our charity the Fashion & Textile Children’s Trust, provides grants that can be used to buy the kind of items that people often get into debt to buy for their children. This includes school uniforms and footwear, children’s bed & bedroom furniture.
If you have a child with additional needs, a trade charity may be a godsend. The Fashion & Textile Children’s Trust provides funding for mobility equipment, sensory equipment and courses of therapy, as do many others.
One parent who turned to Fashion & Textile Children’s Trust for help with mobility equipment was Natalie, whose son Robin needed a new wheelchair.
“We live in a rural area and love getting out of the house for walks. Life as a carer can be tough and the fresh air is good for all of us especially Robin’s wellbeing. He gets anxious in crowded spaces, so countryside walks are ideal for him, but we couldn’t take him out with his NHS wheelchair. Then (Natalie’s partner) Darren’s boss at Allied Textiles suggested we contact FTCT. He thought they might be able to give us a grant for Robin’s chair.
“To any other parents thinking of applying to for an FTCT grant I would say be relaxed about it. It is ok to admit that life is hard sometimes and the grant really will help your family, which is the most important thing.”
With so much help available for so many from trade charities, many people think it’s too good to be true. ‘Surely we’d have already heard about these charities if they were legitimate’ they think. So why aren’t more people aware of the help available to them?
The simple answer is that most trade charities are tiny. Here at the Fashion & Textile Children’s Trust, our whole organisation consists of a team of only six. So resources are stretched and, as hard as we try, we are not able to get the word out to everyone who may be eligible for our grants.
Every trade charity has to come up with a name and brand that is as concise and clear as possible, while also trying to convey the breadth of professions and industries is supports – and it’s not always easy!
For example, we’re called the Fashion & Textile Children’s Trust but our support spans a number of industries that you might not at first think were related to fashion or textiles at all. Anyone who has worked in any supermarket that sells a clothing range, anyone who has worked in laundry and dry cleaning, people who work in soft furnishings or a number of other professions can apply for our grants.
So if you see a trade charity with a name that you don’t think means you will qualify, don’t give up immediately. It’s always worth visiting a trade charity’s website or even giving them a call to see if you qualify. You might be surprised!
Is it really free – what’s the catch?
The answer is normally yes and we’re delighted to say that’s true of the Fashion & Textile Children’s Trust! There is no cost at any point of the process when applying for our grants, and this is the case for most other trade charities. But just as you pay for the NHS through your National Insurance contributions, trade charities are only available to people who have done paid work in the relevant professions – the logic being that they have contributed to that industry and have earned the right to the support. This can include self-employment (for our charity at least but others may differ).
In the case of the Fashion & Textile Children’s Trust, our terms state that to apply, you have to have done paid work in a relevant profession for at least one year in the past nine years. Of course, if you still work in that profession that’s fine too! But as ever, check the individual terms of the charity you’re applying for as they can vary quite significantly.
Application processes vary, but charities will always be willing to support you during the application process. But normally it will involve making an initial inquiry online and then filling in a slightly more detailed application form.
For people who are suffering from financial problems and/or ill health, we know the thought of completing a long application process can seem daunting. It can also seem daunting to collect all the necessary proof to support your application. But if you are not sure about anything, it’s always best to contact the charity and see what can be done.
For example, if you don’t have any P45s or P60s to prove your trade connection, you can contact HMRC and they will get back to you with proof of employment within a couple of weeks.
Help is available
There is no guarantee that a trade charity can help you, but for so many people it’s an unexplored avenue that can mean the difference between accruing crippling debt or not. Our advice would be to explore all funding options before taking out a loan to pay for essential items – especially if you have poor credit and face higher interest rates. In these challenging times, it’s easy to resign yourself to the least bad option in front of you. But just because you don’t know about potentially life-changing support, it doesn’t mean it isn’t there.
As one parent recently said when asked about her experience with Fashion & Textile Children’s Trust:
“Apply, apply, apply! The charity was so supportive and helpful and it’s brilliant to know that that help is out there.”
Previous articleMark Lloyd to take up new role as CEO of The Rivers Trust
Next articlePrior’s Court helps 200th young person with autism as demand is at all time high
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Tim Hortons, franchisees in legal spat over ‘shattering’ coffee pots
Restaurant Brands International says the claims of faulty coffee pots are “false accusations”
The parent company of Tim Hortons is denying a claim by a group of franchisees that the coffee pots they’re required to use have been shattering and injuring employees.
Restaurant Brands International says the claims of faulty coffee pots are yet another ”false accusation” from a group of franchisees with whom the company has been embroiled in a war of words and lawsuits for more than a year.
“We continue to receive reports of shattering coffee and tea pots,” reads a letter from Peter Proszanski, a lawyer at Toronto-based Himelfarb Proszanski and the Great White North Franchisee Association’s counsel, to the head of legal at Tim Hortons dated Thursday, Aug. 30.
The letter alleges an “unprecedented” number of such incidents, including one as recently as August 29, have emerged since the association asked members to report any issues. The association is an unsanctioned franchisee group started more than a year ago to give a voice to restaurant owners concerned over alleged mismanagement. It claims to represent about half of Canada’s franchisees and also has an American chapter.
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“Franchisees and their employees are currently suffering from serious injuries as a result of the shattering coffee and tea pots,” Proszanski wrote, including “burnt thighs, feet and genitals.”
The group first brought the issue to RBI more than a year ago in a letter dated July 21, 2017, according to the letter. Though RBI acknowledged the group’s concern, it failed to follow up, Proszanski wrote.
The group wants RBI to investigate the pots, which it says appear to weigh less than ones previously used, according to the letter.
It alleges the coffee and tea pots put franchisees, employees and customers at risk, and asks for permission to source the pots from another suppliers.
If the company fails to respond by September 7, Proszanski wrote the group will interpret that as consent to choose an alternate supplier.
RBI denies the allegations.
“I can tell you with certainty that the suggestion that Tim Hortons or RBI in any way has changed the manufacturing of our coffee pots is 100 per cent false,” wrote spokeswoman Jane Almeida in an emailed statement.
The company spoke to the manufacturer, which confirmed it has not changed how it makes or sources the product in over a decade, she said. The manufacturer also informed RBI that other brands using the same pot have not reported such issues.
“We have conducted extensive quality assurance testing that has proven that the only way to consistently replicate the breakage of a glass pot is if it is used incorrectly.”
When asked if RBI is considering pursuing legal action against the association, Almeida said “it would be inappropriate to comment.”
The franchisee group “makes frequent and false accusations for the sole purpose of what we can only believe is generating media awareness for their small group,” she said in her initial statement.
The group sent the letter to RBI and one hour later to the media, she said, which “tells you everything you need to know about their sincerity in working with the company.”
Some franchisees and management have had a tense relationship since RBI took over the coffee-and-doughnut chain.
The association filed a class-action lawsuit against RBI in June 2017, alleging it improperly used money from a national advertising fund. The company denies the allegations and they have not been proven in court.
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It’s one of several lawsuits between the group, which alleges mismanagement, and the company, which has expressed frustration at the association’s public besmirching of the brand.
RBI executives owned up to making mistakes in how they’ve dealt with franchisees in the past, but say they’re now committed to better communication with restaurant owners and a new “winning together” plan to improve customer experience and sales.
The company’s been working overtime to overcome some of its recent negative publicity, testing multiple initiatives. Restaurants in three Canadian cities partnered with food-delivery app Skip the Dishes to try out the system, and a kids’ menu is still in the conceptual testing phase.
Some restaurants in and around the Greater Toronto Area are trying out self-service kiosks. Diners have noticed a quirk in the system, like how it allows customers to add up to 10 eggs on a breakfast sandwich.
Tim Hortons president Alex Macedo said that option may be finessed as he’s not certain it’s even possible to serve the sandwich that way — or eat it.
It’s unlikely the company will implement the kiosks in every restaurant, he said. Locations that primarily serve customers via a drive-thru wouldn’t have much need for one, for example.
Restaurants in two Ontario cities, meanwhile, have started to trial different versions of the chain’s upcoming loyalty program dubbed coffee pass, said RBI’s chief corporate officer Duncan Fulton.
“It’s designed to reward our most valuable customers who frequent Tim Hortons multiple times a week,” he said.
The loyalty program will eventually be rolled out nationally, merged into the Tim Hortons app, and expanded to include food — not just coffee.
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Gun-Toting Santa Featured on Christmas Card
By Nathan Burchfiel | July 7, 2008 | 8:05 PM EDT
(CNSNews.com) - The latest reason for gun control and gun rights activists to sharpen their rhetoric is a Christmas card released by the Citizens Committee for the Right to Keep and Bear Arms. The card features an armed Santa Claus attempting to shield three children from a terrorist.
The Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) sent the card to members of Congress, President Bush, and others who support gun rights.
The terrorist portrayed on the card is wearing a turban and trying to place a stick of dynamite near the baby Jesus under a Christmas tree. The Santa Claus character is holding a semi-automatic handgun. The caption wishes the recipient "a Christmas of peace and joy and a New Year of triumph over terrorism." But implied is the message that an armed Santa Claus is better able to protect the children than an unarmed Santa.
Peter Hamm of the Brady Campaign to End Gun Violence - one of the nation's foremost gun control groups - said the Christmas card underestimates the threat of violence.
"One of the problems with the card seems to be the lack of sophisticated firepower in the hands of the terrorists," Hamm said. "Poor Santa might be outgunned by terrorists with AK-47s and Uzis," he added, because of the CCRKBA's "opposition to a law that would prohibit people on the terrorist watch list from buying firearms."
Hamm added sarcastically that he was "very supportive of Santa Claus catching terrorists because nobody else seems to be able to catch them."
John Snyder, public affairs director for CCRKBA, created the concept for the card and pointed to the importance of gun rights during the Christmas shopping season. Millions of Americans, he said, realize "that very often the real peacemaker is the policeman-in-the-pocket, the ability of law-abiding citizens to be able to own a firearm to protect [their selves.]"
Snyder said a weapon of self-defense is something "even Santa Claus can use."
He told Cybercast News Service that he has not received any negative feedback from the card in spite of its wide circulation after he posted it on the Internet. Admitting that it was politically incorrect, Snyder said that "usually when you are politically incorrect, you are in fact truly correct."
Hamm said the Brady Campaign didn't have any serious concerns with the card because he's "sure that it's being handled in a light-hearted and funny way." But he added, again with sarcasm, that he was "disappointed" the CCRKBA had not sent him one of the cards.
"I must be off their list this year," Hamm said. "I guess I haven't been good."
Hamm gave Snyder credit for creativity. "Ours is really boring," he said of the Brady Campaign's Christmas card. "It's one of those calendars: 'Holiday wishes and here's a calendar to go with the 400 others you've gotten.' So [the CCRKBA] definitely get credit for having a more whimsical idea."
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Alliance CEO Offers a Positive Perspective
That may help explain why Alliance continues to develop and open new mines in the Illinois Basin and Northern Appalachia while many producers are pulling back in the teeth of a triple whammy for the coal industry: Decade-low natural gas prices coupled with tougher federal Environmental Protection Agency rules that are causing some electric utilities to retire older coal units or switch them to gas, and lower electricity demand stemming from a still shaky economy.
Craft, though, believes the worst may be about over in the industry’s historic boom-or-bust cycle and brighter days are ahead. By 2016, he wants Alliance to be producing at the rate of 50 million tons a year, up from the 35.4 million to 36.2 million tons it expects to turn out this year.
“We’re going to bottom out for coal consumption in 2012, then start some increase in 2013,” he told the National Association of Publicly Traded Partnerships conference in Greenwich, Conn., in May. “We believe there will be some switching back to coal in 2013” by utilities looking to take advantage of currently low gas prices.
Unlike some of its competitors, Alliance has not been affected much by the move to gas, according to Craft. “We had some customers switch to gas, but not at the plants we’re selling to,” he said. “We haven’t had anybody shut down a plant we’ve been targeting in the past or in the future.”
For much of this year, natural gas has been selling around $2/mmBtu, a price at which coal has trouble competing. Craft maintained existing gas prices are not sustainable because investors “want a return on their investment and aren’t getting it at $2 gas.” If gas hits $3.50/mmBtu, he said, “We’ll see some of the switching come back to coal from natural gas.”
In fact, Craft said it would not be a stretch to see gas prices climb to $4/mmBtu in 2013. “If that happens, the impact on coal will be small,” he said, adding, “I do believe we’re going to see $4 gas sooner than later because of economics.”
In the meantime, Alliance is pushing ahead with several new underground mine projects. The longwall system at its new Tunnel Ridge operation in Washington County, Pa., and Ohio County, W.Va., began running May 16. By sometime next year, the mine should be producing at the rate of 6.5 million to 6.8 million tons annually.
Under construction in southern Indiana, the Gibson South mine is expected to play an important role in boosting Alliance’s foreign coal exports. To date, the company has not focused as heavily on the export market as some of its competitors. But that may be changing.
Craft said the lower-sulfur coal at Gibson South, which will be a continuous miner operation, “will sell well in the international market.” As a result, it is possible, he said, that Alliance will increase its overseas shipments from the current 3.5% to 10%. Gibson South will produce more than 3 million tons annually once it starts up in 2014.
Craft also has high hopes for White Oak Resources’ No. 1 longwall mine under construction in Hamilton County, Ill. Alliance is investing more than $400 million in privately-owned White Oak, including for reserve acquisition and mine development. The mine should produce more than 6.5 million tons of high-sulfur coal a year by 2015.
Although the current mine plan calls for a single longwall system at No. 1, “If the market allows, they can go to two longwalls,” he said.
Alliance has the largest market share in the IB, Craft said, although that position could be threatened in a few years by billionaire Christopher Cline’s Foresight Energy Partners, which operates or is developing four large deep mine complexes in Illinois. Eventually, the Foresight mines could produce as much as 65 million tons annually.
Craft, in response to a question, got in a little dig at Cline. “He has taken a riskier approach,” Craft said. “He didn’t go out and secure contracts to bring on his investment.” And while Cline’s Illinois mines are participating more in export markets than Alliance, “the price is lower than what [Cline] would get in the U.S. electric utility market.” Moreover, Cline’s Illinois coal “is a higher chlorine product compared to what we produce. Most utilities will not buy a higher chlorine product because of what it does to their boilers.”
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About Colorado Politics
End of Session Bash
Candidates for Colorado Governor
"Red flag" bill clears House committee on party-line vote
Marianne Goodland
A bill that would let law enforcement or family members seek a court order to remove firearms from at-risk individuals, also known as a “red flag” law, won approval in its first House committee hearing Tuesday.
House Bill 1436 would set up an ability for law enforcement or family members to obtain a temporary “Extreme Risk Protection Order” (ERPO). The bill garnered a 7-4 party-line vote of approval from the Democratic-controlled House Judiciary Committee and now heads to the full House for debate.
Under the bill, the person requesting the ERPO has to show that the at-risk person is either a risk to himself or herself, or at risk of harming others, through the use or control of a firearm, under a “preponderance of evidence” standard. The subject of the ERPO must be notified either on the day of the initial hearing or the day after, the bill states. Once the order is granted, law enforcement can pick up the weapon(s) and ammunition.
A judge who decides in favor of granting the ERPO must hold a second hearing within seven days to determine whether to extend the ERPO or return the firearms to the person initially deemed at risk. At that second hearing, under a stronger standard of “clear and convincing evidence,” the ERPO can be extended for up to 182 days.
The at-risk person can request the ERPO be terminated at any time, and the burden of proof falls upon the person who sought the restraining order.
Tuesday’s hearing included an unusual twist: House Minority Leader Patrick Neville of Castle Rock, a long-time ally of Rocky Mountain Gun Owners, put himself on the House Judiciary Committee in place of Assistant Minority Leader Cole Wist of Centennial, one of the bill’s main sponsors. Wist was taken out to the woodshed in a late Monday night caucus meeting over his sponsorship of the bill and included a motion to strip him of his leadership position (the motion was never voted on). House Republican members told Colorado Politics the caucus discussed the bill and worked out their differences.
Had Wist stayed on the committee for the Tuesday hearing, a 7-4 party-line vote could have been a bipartisan 8-3 decision.
Gov. John Hickenlooper put in his two cents on the bill Tuesday, which is named after Douglas County Deputy Zackari Parrish, III. Parrish died on New Year’s Eve in an ambush committed by a man identified as mentally ill. Douglas County Sheriff Tony Spurlock told the Judiciary Committee that they had been aware of the shooter’s mental illness problems for months and had been trying to find a way to resolve the situation.
https://twitter.com/GovofCO/status/991410127646461955
Tuesday’s hearing brought many of the law enforcement officials, district attorneys, mental health professionals and gun control advocates who spoke in favor of the 30-page bill Monday. The committee also heard from those who have lost family members or other loved ones to suicide by gun or other gun violence, and from family members who back the bill because they fear for their mentally-ill loved ones.
Dan May, district attorney for the judicial district that includes El Paso County, told the committee he supports the bill but has concerns that should be addressed through amendments. Among them: the bill should include removal of firearm parts that could be used to readily convert firearms into automatic weapons, for example. He also advocated for the second hearing to take place in 72 hours rather than a week since that’s how other situations work.
May was also concerned about rushing the bill through the General Assembly in its final days and suggested a one-year sunset review so that any problems that surface could be addressed a year from now.
George Braucher, the Republican district attorney who represents Arapahoe and Douglas counties told the committee his support for the bill is not because of any less commitment to the Second Amendment, which he called among the most valuable guaranteed by the Bill of Rights. He said he supports the bill because of a “giant gaping hole” in the law that allows events like those that took place in Douglas County on New Year’s Eve and the death of Deputy Parrish.
And then there was Randy Chase, who spoke about the political aspects of the bill, reminding lawmakers that two senators were recalled and a third resigned in 2013 after the Democratic-controlled General Assembly passed several gun control laws in the session following the 2012 Aurora Theater shooting. “If I had a hat to take off, I would take it off” to Wist for his bravery in sponsoring the bill, Chase said.
The bill also garnered opposition from Rocky Mountain Gun Owners (RMGO) and the Firearms Coalition of Colorado, which is affiliated with the National Rifle Association.
James Bardwell, an attorney representing RMGO, told the committee his group does not disagree with the idea that some people should not have firearms because of their behavior. If it is too hard to incarcerate dangerous people under the criminal or mental health law, that’s where the legislature should focus, he said. “Depriving dangerous people of firearms does not address the problem this bill is supposed to address.”
Neville and Brauchler got into a back-and-forth over hypothetical situations that might apply under the bill, such as what happens when firearms are seized that belong to other people or damages caused by a weapons seizure. On the latter, Brauchler said the same rules apply that apply to any other search warrants: a person who refuses to cooperate is responsible for the damages, he explained. As to the former, Brauchler said the firearms owner, if not the person at-risk, has the ability to request their weapons back from the sheriff. But he also told Neville that “you will always be able to out-think the law in the short term, but in the practical application, it just doesn’t happen that way.”
The bill “is about the person, not the gun,” May told the committee. “We should be more concerned about the person who walks down a street” shooting and killing people, a situation that took place in Colorado Springs on Halloween night in 2015. The shooter, who was mentally ill, was killed by police in a shoot-out but only after killing three other people. May cited it as one of the reasons he backs the bill.
“We need to take a step forward that is constitutional, that is appropriate, has a lot of safeguards beyond anything else we’ve seen in this country,” May said, “and we need to protect people under certain circumstances and hold people accountable for their use of guns. That’s the issue…”
The hearing wrapped up with a round of kudos to Wist from the committee Democrats for his political courage in sponsoring a bill that has drawn the ire of his caucus. “This is what leadership looks like,” said Democratic Rep. Joe Salazar of Westminster.
George Brauchler
Rocky Mountain Gun Owners
Cole Wist
Alec Garnett
Gov. John Hickenlooper
Patrick Neville
D-email
Douglas County Sheriff Tony Spurlock
Douglas County Deputy Sheriff Zackari Parrish
Extreme Risk Protection Orders
Colorado Politics is published both in print and online. Our website features subscriber-only news stories daily, designed for public policy arena professionals. Member subscribers also receive the weekly print edition of our award-winning newspaper, containing outstanding features and news stories, in their mailboxes every Saturday.
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Tomorrow, 120 years will have passed since the founding general meeting of shareholders of the “Czech Joint Stock Brewery in České Budějovice”
Tomorrow, Budweiser Budvar, N.C. is commemorating the 120th anniversary of the founding general meeting of shareholders of the “Czech Joint Stock Brewery in České Budějovice” (hereinafter referred to as “CJSB”), which is the direct predecessor of today's national corporation. Mainly brewers of Czech nationality from České Budějovice, led by JUDr. August Zátka, were behind the origination of the CJSB. The newly founded brewery thus directly followed in the historical tradition of brewing the original Beer from Budweis in České Budejovice and began to develop this tradition. "We are proud to continue in the 750-year long tradition of brewing the original Beer from Budweis under the brand of Budweiser Budvar. We have looked after and kept this tradition for future generations. When brewing the Beer from Budweis, we follow time-tested craftsman procedures, using only original ingredients and brewing only in České Budějovice. For that reason our beer can boast the Protected Geographical Indication," says Budweiser Budvar’s director Jiří Boček. The right to use the Protected Geographical Indications "Budějovické pivo" and "Českobudějovické pivo” was acquired by Budweiser Budvar in 2004 when the Czech Republic joined the European Union. Protected Geographical Indications guarantee consumers genuine quality, therefore that the product purchased is not a cheap imitation, and that it was made at a specific location using exactly defined ingredients and a specified manufacturing process.
The CJSB founding general meeting approved the existing activities and procedures of the founding committee and elected the first ever board of directors as follows: chairman JUDr. František Hromada, secretary of the Chamber of Commerce; vice chairman JUDr. František Dlouhý, lawyer; executive Josef Pillmann, landowner. Other duly elected members were: a former brewing master Jan Břeský from Birkenfels, a property owner Bohdan Francko, a factory owner Augustin Hromádka, a retired staff physician Jan Jirka, M.D., an innkeeper František Karhan and chaplain Martin Šrámek. The first batch of beer of a mere 200 hectolitres was brewed by the first brewing master Antonín Holeček on 7th October 1895.
Founding the CJSB was a culmination of a long process, preceded by a number of historical events. At the end of the nineteenth century, České Budějovice was a town of mixed nationalities; nonetheless the town itself was presented as German, despite the 1890 census confirming the prevalent Czech nationality population (16,271 of Czech nationality inhabitants vs 11,117 German nationality inhabitants). In spite of outnumbering the Germans, the Czechs had no representation in the České Budějovice Town Hall. The existing electoral regulations at the time distinguished electors in accordance with their belongings and the amount of tax paid. Considering the mentioned facts (e.g. in direct taxes in 1900, the German-speaking population paid nearly 70%), the Czechs had no chance to win the election. In order to be able to succeed in the political level, the Czechs had to strengthen their position in the economic sphere first. Therefore in the last third of the 19th century, a whole lot of new Czech companies was established in České Budějovice (e.g. in 1890 a factory for artificial fertilizers, in 1891 a cask factory, in 1893 the enamel cookware factory, pencil factory and a match factory etc.).
The first attempt to establish an own brewery was carried out in České Budějovice in 1891, the incentive to found a Czech brewery being the 1890 census mentioned hereinbefore. During the census, German employers extensively urged Czech employees to fill in German, as the language they speak, in the census sheets. Many Czech brewers and employees opposed similar practices. The management of the Civic Brewery, one of the bastions of Germanness at that time, pointed out that if they did not like it in the brewery, they might as well start their own brewery. The initiative to establish the CJSB therefore came primarily from the Czech brewers, e.g. JUDr. August Zátka, Karel Čertík and Antonín Effmert. Many brewers found the courage, despite the threat that they would not be paid the proceeds from the brewing rights, and directly subscribed for first shares.
The Czech side led by JUDr. August Zátka and JUDr. František Hromada began preparatory works on starting a new business; the provisional committee called several meetings and developed the company statutes. Meanwhile, there was a nationwide-scale political rift between Czech political parties concerning the elections to the Imperial Council. Certain incoherence was apparent even among Czech politicians in České Budějovice, and the idea of establishing an own brewery had to be put off for some time. Further negotiations regarding the Czech brewery were commenced in late 1893, and following the first meeting of the subscribers on 21st January 1894, carrying on the activities aimed at building the brewery was recommended. Furthermore, a founding committee was elected, headed by a Czech brewer and prominent entrepreneur JUDr. August Zátka.
The committee dealt with a number of complex issues, the first of them being the choice of a suitable location. Due to the location near Prague road and railway, the Prague suburb was selected, also with regard to the confirmed groundwater analyses. The actual construction works on excavating the foundations started during August 1894. The order to build the brewery was placed with the Prague Czech company of “Dvořák and Fischer”, while the manufacture of machinery with the renowned company of “Novák and Jahn” and the supply of refrigerating and moving machinery was provided by the Ringhoffer company. By the end of the year, the brewing house, cellars, fermenting room, engine room and one administrative building were under the roof. To obtain high-quality water two wells were dug in the premises. In October 1894, the Ministry of Interior decree No. 21884 approved the statutes of the joint-stock company, which with minor changes applied until 1940. Antonín Holeček became the first CJSB brewing master as of 1st April 1895.
The CJSB is the direct predecessor of Budweiser Budvar Brewery, N.C. On the occasion of celebrating its 120th anniversary, Budweiser Budvar is preparing a series of events for its favourers. During the year, the market is going to see limited beer editions, and the anniversary theme is going to appear on a number of souvenirs (e.g. a ceramic beer mat, a metal sign with a historical motif, bottle opener, a set of historical photos, a beer jug, a tankard with a lid etc.). Budweiser Budvar is also preparing a series of cultural events, such as the publication of a book about the history of Budweiser Budvar, completion of the reconstruction of the multimedia exposition "The Story of Beer from Budweis", historic evening tours of the brewery with dramatized scenes in period costumes and the Open Day in Budvar. The brewery is going to continuously inform about individual events.
Why Budweiser Budvar?
The name of the brewery and the name of its key brand - "Budweiser Budvar", are related to the place of origin, therefore to the town of České Budějovice. From the very beginning, the CJSB used for the sale of its beer the word "Budweiser" in various forms, which was based on the names of Budějovice or Budweis used at the time. As far back as in the 13th century, the town of Budějovice - Budweis - excelled in brewing beer designated as Beer from Budweis, or called "Budweiser Bier" (i.e. "Beer from Budweis). Designating the product by the place of origin was logically adopted by the CJSB when it was established (e.g. "Budweiser Aktienbier"), which thus directly accepted to continue the tradition of producing original Beer from Budweis. During the development of its business activities, the CJSB began to register miscellaneous designations with the "Budweiser" element as trademarks. In 1930, another important trademark - "Budvar" was registered, which originated by bringing together two Czech words - BUDějovický (“from Budweiser” in English) and pivoVAR (“brewery” in English). Subsequently in 1934, the trademark “Budvar – budějovické pivo” (“Budvar – Beer from Budweis” in English) was registered. The "Budvar" trademark was supplemented by the previously used designation of origin - “Budweiser”. Since the name of "Budvar" beer quickly became synonymous with high quality, the CJSB was officially renamed as "Budvar - Czech Joint Stock Brewery České Budějovice” in 1936.
"Budweiser Budvar" Premium Lager gradually became the key and flagship product of the brewery. Under the brand name of “Budweiser Budvar" a further seven kinds of beer are sold besides pale lager B: ORIGINAL (draught beer B: CLASSIC, dark lager B: DARK, Krausened lager B: SPECIAL, non-alcoholic beer B: FREE, special beer B: STRONG, special beer B: CRYO and non-filtered yeast beer CVIKL). Currently, "Budweiser Budvar" is one of the best known and most valuable Czech brands in the world - it participates in the beer export from the Czech Republic by more than 20%, being exported to 70 countries. The modern history of the brewery began in 1967, when the Ministry of Agriculture of the Czech Republic established Budweiser Budvar, N.C. as the direct legal successor of the original "Czech Joint Stock Brewery in České Budejovice."
During its existence, Budweiser Budvar has brewed 48.3 million hectolitres of beer.
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Why 31 will be the most expensive year of your life
Lindsay Dodgson
Mar. 5, 2018, 6:37 AM
That wedding, and the hen party, is not going to be cheap.
Zoriana Stakhniv / Unsplash
Credit score website ClearScore has worked out the most expensive age on average is 31.
This is when you're likely to be getting married, having children, or saving for a house.
To afford everything, the typical 31-year-old needs to save £43,000.
Plenty of young people can relate to dealing with how expensive life is. But even when your 20s are over, and you're likely to be making more money, things aren't about to get easier.
Credit check company ClearScore surveyed 3,000 people and found that the most expensive year of your life will be 31.
It turns out that growing up and taking on more responsibility comes at a cost, with the typical 31-year-old needing to save as much as £43,000 ($60,000) to cover the cost of things like weddings and babies.
Overall, ClearScore found that the biggest expenses at this age are getting married (27%), buying a house (25%), having a baby (20%), and paying for a honeymoon (14%).
About 60% of those surveyed had savings to pay for everything, while 33% of 25 to 34 year olds still relied on their parents to help them out. Just 14% of people over age 55 said their parents helped them financially.
Future financial worries of 30-somethings included saving for retirement, saving money at all, and having enough financial stability to support children.
Hitting the credit card
With millennials being worse off than the previous generation— lower income growth and being less likely to ever own a house — it's not that surprising that the survey also found the use of credit has changed between the generations.
Some 20% of under 34 year olds said they use credit to fund big purchases, compared to just 8% of over-55s.
People taking part in the survey tended to agree that millennials are having a tough time financially, with 51% of 25-34 year olds and 57% of over 55s believing this to be true.
"Many of life's big milestones tend to happen very close together so we weren't shocked to discover how much people were spending during their most expensive year," said Justin Basini, the chief executive of ClearScore.
SEE ALSO: The 21 European countries where the average marriage age is the lowest
More: Relationships Marriage Weddings Age
Netflix could be forced to rethink its pricing strategy as new competitors like Disney Plus and HBO Max launch
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Tampa Bay-Lakeland
Business Observer Thursday, Mar. 31, 2011 8 years ago
Renewables could raise bills
Utility companies may raise rates to pay for renewable projects.
The Florida House Energy and Utilities Subcommittee passed a measure (ENUS 11-01) this week that would allow investor-owned utilities to raise rates by 2% to recover costs for renewable energy projects. According to the Public Service Commission, that would increase the bill for a small commercial customer by $3.56 a month on average and increase bills for large commercial customers by an average of $356.30 per month. A typical household's bill would rise by $2.83 a month on average, but slightly less for FPL and Tampa Electric Company customers.
Based on 2010 retail revenues, the bill would allow FPL to recover up to $206 million annually, and TECO $43 million, to produce or purchase renewable energy.
A similar bill in the Senate, SB 2078, would additionally require each public utility to make a written offer to conduct a free energy audit of the buildings of each commercial customer within its service territory, if not previously audited in the last five years. The Senate bill also provides for each customer to get a report of the energy savings options and of any available financial assistance prior to December 31, 2016. The measure is on the April 4 agenda of the Communications, Energy and Public Utilities Committee and has two other committee stops.
Apartments sell for $13.1M
Taylor Morrison sold for $955M
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Facebook Has A Team Looking Into Getting Fake News Off Your News Feed
An existing team within Facebook is looking at the problems surrounding fake news, as employees speak out about the platform.
By Sheera Frenkel
Sheera Frenkel BuzzFeed News Reporter
Dado Ruvic / Reuters
SAN FRANCISCO — An existing team within Facebook is looking at how to solve the problem of fake news on its platform, and has increased efforts in recent weeks following public debate over how the spread of fake news on Facebook may have swayed voters during the US elections.
The team, which has existed for years and looks, more broadly, at Facebook's News Feed, is taking the problem seriously, according to one Facebook official who spoke to BuzzFeed News on background. The team is examining steps it can take to try and crack down on fake or misleading news in the wake of a public debate that saw President Obama comment this week that "if we can’t discriminate between serious arguments and propaganda, then we have problems.”
Facebook came under fire this week after CEO Mark Zuckerberg called the notion that fake news on Facebook affecting the election was “a pretty crazy idea.” The comment angered Facebook employees, five of whom came forward and told BuzzFeed News that they had formed a group to discuss the problems surrounding fake news. In the wake of that article, a Facebook engineer reached out to BuzzFeed and said that in addition to the rogue team formed by concerned employees, official efforts were also being made.
"Those guys, the team they have, have been looking at this for a long time, and I know recently its become a much bigger thing for them and a problem they are trying to solve," said the engineer, who spoke on condition of anonymity as he was not authorized to speak to press. "I think its important people know that a lot of people at Facebook take this seriously, and that, on an official level too, there are people trying to come up with a way to make it better."
The engineer added that over the last week, "many people across different departments at Facebook" had expressed an interest in joining the News Feed team. He said that several people were looking at a way to verify official news channels on the platform to try and distinguish them as a known source of news.
"People are upset, and some might be meeting on their own but others are reaching out and saying they want to volunteer and participate in how they can make the News Feed better," said the engineer, who added "lots of people at Facebook are embarrassed that all anyone is talking about right now is that Facebook let fake news ruin the elections."
A recent analysis by BuzzFeed News found that in the final three months of the US presidential campaign, the top fake election news stories on Facebook generated more total engagement than the top stories from 19 major news outlets combined, including the New York Times, Washington Post, Huffington Post, NBC News, and others. Meanwhile BuzzFeed News found that the three largest left-wing pages published false or misleading information in nearly 20% of posts, while the three biggest right-wing Facebook pages published it 38% of the time. The report concluded: “The best way to attract and grow an audience for political content on the world’s biggest social network is to eschew factual reporting and instead play to partisan biases using false or misleading information that simply tells people what they want to hear.”
The Facebook News Feed team had voiced concern about the presence of fake news stories on the platform prior to the election. In a January 2015 update, Facebook promised fewer fake news stories by giving users a tool to self-report fake stories on their feeds. In the nearly two years since, Facebook has refused to give reporters access to metrics showing how often fake news is reported and/or removed from their platform. And a BuzzFeed News report found that even when fake news was flagged on one Facebook page, it was simply moved to another.
"I think a lot of people are angry that it got this bad, and now there is a whole public storm about it," said the Facebook engineer. "I think now there is this energy and buzz around trying to fix it."
Facebook did not answer an official request for comment from BuzzFeed News.
Sheera Frenkel is a cybersecurity correspondent for BuzzFeed News based in San Francisco. She has reported from Israel, Egypt, Jordan and across the Middle East. Her secure PGP fingerprint is 4A53 A35C 06BE 5339 E9B6 D54E 73A6 0F6A E252 A50F
Contact Sheera Frenkel at sheera.frenkel@buzzfeed.com.
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Unit Corporation Announces $67 Million Acquisition
Created February 27, 2019
Unit Corporation announced today that its wholly owned subsidiary, Unit Petroleum Company, has completed the acquisition of Brighton Energy, LLC, a privately owned oil and natural gas company for approximately $67.0 million in cash. The acquisition involves all of Brighton’s oil and natural gas assets outside of the southeastern Arkoma Basin and includes approximately 27.0 Bcfe of proved reserves and 5.0 MMcfe per day of current production. The reserves are 78 percent natural gas and 67 percent proved developed. The majority of the acquired reserves are located in the Anadarko and Gulf Coast basins of Oklahoma, Texas and Louisiana, with additional reserves in Arkansas, Kansas, Montana, North Dakota and Wyoming.
Unit has identified 27 proved undeveloped locations that can be drilled in addition to numerous probable and possible locations. This acquisition is effective August 1, 2006.
Larry Pinkston, President and Chief Executive Officer, said, “This acquisition will fit well in our core areas and should have substantial upside potential. We are looking forward to the integration of these properties into our future development and exploration program.”
Unit Corporation is a Tulsa-based, publicly held energy company engaged through its subsidiaries in oil and gas exploration, production, contract drilling and natural gas gathering and processing. Unit’s Common Stock is listed on the New York Stock Exchange under the symbol UNT.
Citgo Lake Charles Requests SPR Crude
Chesapeake Reports Q2 Results
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Nader Campaign News Conference
2000-06-23T06:20:01-04:00https://images.c-span.org/defaults/capitol.jpgMr. Nader and Mr. Hoffa spoke to reporters about Mr. Nader’s campaign for the Green Party’s presidential nomination. While Mr. Hoffa did not specifically endorse Mr. Nader, he said that he supported Mr. Nader’s views on international trade and his labor policies. After their remarks they answered questions from the reporters.
Mr. Nader and Mr. Hoffa spoke to reporters about Mr. Nader’s campaign for the Green Party’s presidential nomination. While Mr. Hoffa did not… read more
Mr. Nader and Mr. Hoffa spoke to reporters about Mr. Nader’s campaign for the Green Party’s presidential nomination. While Mr. Hoffa did not specifically endorse Mr. Nader, he said that he supported Mr. Nader’s views on international trade and his labor policies. After their remarks they answered questions from the reporters. close
Filter by Speaker All Speakers James Hoffa Ralph Nader
James Hoffa President International Brotherhood of Teamsters
Ralph Nader Presidential Candidate [G] United States
International Brotherhood of TeamstersInternational Brotherhood of Teamsters
Annapolis, Maryland, United States
Jun 22, 2000 | 11:19pm EDT | C-SPAN 2
Jun 23, 2000 | 6:20am EDT | C-SPAN 1
Jun 23, 2000 | 1:07pm EDT | C-SPAN 2
See all on Third Parties Nader
Crashing the Party
Ralph Nader spoke about his book Crashing the Party: How to Tell the Truth and Still Run for President, published by…
Ralph Nader talked about his book, Crashing the Party: How to Tell the Truth and Still Run for President, published by St.…
Nader Campaign
Independent presidential candidate Ralph Nader talked about his candidacy, his position on major issues in the…
Nader Campaign Event, Part 2
Ralph Nader, an independent candidate for president of the United States, held a campaign rally at the National…
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Why a Lower Car Payment Can Be a Costly Mistake
Longer loans might seem like a great deal, but a closer look reveals expensive downsides
By Carla Fried
Buying a new car has always been a commitment. But with some auto loans today lasting longer than a lot of marriages, it’s especially important to know what you’re getting into.
The average new-car loan is now just a smidge under 70 months (5.8 years), and more than a quarter of new-car loans are longer than six years, according to the credit reporting agency Experian. That's a far cry from when your grandfather financed his Buick. In the early 1970s, car loans averaged less than three years.
More on Car Financing
How to Get the Best Car Loan
How Much Can You Afford to Spend on a Car?
How to Negotiate a New Car Price Effectively
Leasing vs. Buying a New Car
Longer auto loans can lower your monthly payments and bring a more expensive model within reach, but they also have costly downsides that many new-car buyers fail to consider.
“People make the mistake of shopping based on what the monthly cost will be rather than focusing on the total they will pay,” says Greg McBride, chief financial analyst at Bankrate.com. But as with any loan, the longer the term, the more you'll end up paying in total interest charges, which can make a significant difference in what you pay to own the car.
Today, loans for new cars average around $30,000. A 60-month loan that charges 3.52 percent interest (a rate recently offered by U.S. Bank) works out to a monthly tab of $546, with total interest charges of $2,761. Extending that loan to 72 months would lower the monthly payment to $463 but raise total interest payments to $3,323.
But many lenders charge a higher interest rate on long-term car loans, which means borrowers who choose them take a harder hit. For example, U.S. Bank recently advertised new-car loans that charge 3.52 percent for a 60-month loan, 4.02 percent for a 72-month loan, and 4.52 percent for an 84-month loan. On a $30,000 loan, total interest payments increase from $2,761 for the 60-month loan to a whopping $5,052 for the 84-month car loan. (See the chart below for details.)
Unless you're the rare borrower who qualifies for a zero-rate deal, a long-term car loan works against your long-term financial security.
The Case for Shorter-Term Loans
Keeping these tips in mind will help you avoid auto-financing pitfalls (and probably encourage you to avoid long-term car loans).
Appreciate depreciation. The typical new car can lose close to 22 percent of its value in the first year, says Mel Yu, a Consumer Reports automotive analyst, and it’s all downhill from there. This depreciation is why one of the smartest car-buying moves you can make is to shop for a used car that’s known for its reliability, Yu says. That way, the original owner pays for the big up-front depreciation hit. Have it inspected by a mechanic before you buy so you know you won’t be saddled with heavy repair costs. In July the average used-car buyer spent about 45 percent less than the average new-car buyer.
Keep it to four years. If you do finance, stick to a car budget that you can afford to pay off in no more than 48 months, or four years, says David Haas, a financial planner at Cereus Financial Advisors in Franklin Lakes, N.J. “If it’s a used car with just a few years on it, you can probably get at least another 10 years out of it," he points out. "That gives you a full six years or more of driving without making a monthly payment, allowing you to put that money toward other financial goals.” This strategy will also help you avoid buying more car than you can really afford.
Avoid negative equity. Though the size of your down payment affects your equity, so does the length of the loan. The longer your loan term, the longer it takes for the car to be worth more than you owe. That means that if you’re in the early stages of a long-term loan with a low down payment and your car is stolen or totaled in an accident, you could owe a lot more on the car than it’s worth. Insurance payouts are based on a car’s depreciated market value, so you’ll be left holding the bag.
Focus on the real bottom line. Don’t be distracted by “affordable” monthly payments that are invariably based on long-term loans. Instead, look at the total cost of your car based on different loan terms. Using an online calculator will help you find your budget sweet spot so that you can look for the best deals at your price.
Shopping for a new car?
See our car-buying advice
Editor's Note: This article also appeared in the December 2017 issue of Consumer Reports magazine.
Carla Fried
Carla Fried is a freelance writer who contributes to Consumer Reports on personal finance topics. She cut her teeth nearly 30 years ago, writing about mutual funds and 401(k)s—topics that were just catching on with mass consumer audiences back then. Recognizing that emotions play a big part in managing finances, she is interested in the challenge of planning for long-term goals, especially retirement.
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Home : What’s On : Park News : Cotswold Wildlife Park welcomes rare Cotton-top tamarin twins.
Cotswold Wildlife Park welcomes rare Cotton-top tamarin twins.
Cotswold Wildlife Park is celebrating the birth of one of the world’s rarest primate species – Cotton-top Tamarins. The striking infants are the second set of twins that parents Johnny and Louise have successfully produced. Twins Lilley and Lana were born last year and the newborns share their enclosure with these older siblings. Visitors can now see the playful youngsters at the Park.
Cotton-top Tamarins (Saguinus oedipus) are considered to be one of the world’s 25 most endangered primates* and are classified as Critically Endangered by the International Union for Conservation of Nature (IUCN), making them one of South America’s rarest Monkeys. Rampant deforestation and gold mining have destroyed an estimated 95 per cent of their natural habitat. In the wild, these rare creatures are restricted to a tiny corner of north-west Colombia. Approximately 6,000 individuals remain in the wild – a devastatingly low figure, considering their numbers once ranged between 20,000 and 30,000 in the 1960s and 1970s.
New father Johnny is an important individual for the European Endangered Species Programme (EEP) as he has an impressively pure bloodline. These new births are considered significant additions to the EEP, helping to ensure the genetic diversity of the species.
Each member of the family plays a specific role when it comes to rearing the young. The dominant male spends the most time carrying his infants – the mother carries them for the first week of life then holds them only to suckle. Females are pregnant for six months and the babies weigh approximately 15 per cent of their mother’s body weight.
They are not the only Tamarin births being celebrated this year. Emperor Tamarin twins were born on 17th March (one pictured below) to parents Dolly and Dom. The sexes of the newborns are unknown at the moment, so they are yet to be named. Cotton-top and Emperor Tamarins (Saguinus imperator) are New World Monkeys and are members of the Callitrichidae family. Both are visually striking and easily identified. The Cotton-top Tamarins boast a fantastic crest of long white hair, like a mane of white cotton, whereas the Emperor Tamarins are famous for their elegant white moustaches.
Primate keeper, Natalie Horner, commented: “Male Tamarins take an active role in rearing their young by carrying and caring for the infants the majority of the time. The babies only return to their mother to feed. Both sets of new dads have proved to be wonderful fathers. They even teach the older youngsters how to care for their younger siblings, which is an important part of their development.”
Visitors can see all four newborns at the Park. Their enclosures are opposite the entrance to interactive Lemur exhibit Madagascar. The Emperor Tamarins share their exhibit with the smallest Monkey species on earth – the Pygmy Marmoset.
Births & Arrivals
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Cotswold Wildlife Park debuts first Wolf cubs born in its forty-seven year history.
Cotswold Wildlife Park’s first Porcupette twins show off their quills.
First Sifaka born in Great Britain makes his debut
Wildlife Park celebrates birth of first Lion cub triplets in its forty-six year history.
Cotswold Wildlife Park welcomes a tiny giant
Cotswold Wildlife Park’s first ever hand-reared Flamingo chicks spread their wings.
Meet Ralph and Rufus: Rare Red Panda twins born at the Park
Surprise arrival of second Rhino calf in one year
Baby Southern white rhino birth caught on camera
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Exhibition of Troubles victims' shoes and over 80 more events at Imagine Festival 2018
Another eclectic programme of topical talks, workshops and art including a human installation at Barracks theatre is set for Belfast from March 12-18
Imagine image.jpg
With ongoing talks at Stormont on the brink of deciding what future lies ahead for Northern Ireland, there couldn't be a more timely moment for this year's Imagine Festival of Ideas and Politics to launch.
Announced today at Belfast's Ormeau Baths, the programme is the festival's biggest yet over 80 free events encouraging people to engage with the big issues of our times across more than 30 venues in the city. Download the full programme here or click here for the At a Glance listings.
Throughout a week of talks, workshops, theatre, poetry, comedy, music, exhibitions, film and tours Imagine will address subjects such as Brexit, poverty, inequality and fake news, with 'A Century of Women in Parliamentary Politics' and 'Books that Bend Bars' amongst the key events taking place from March 12-18.
If ever the world needed a festival of free spirits, of imagination and ideas, and of reason, it is now.
The line-up includes Grammy-nominated singer-songwriter Michelle Shocked, affectionately known as the Godmother of Americana, who brings her unique blend of indie, folk, blues, and politics to the festival. Kildare-born stand-up Jarlath Regan’s ninth solo show, Organ Freeman, also comes to Imagine, fresh from the Edinburgh Fringe.
US Activist Carmen Perez – national co-chair of the Women’s March on Washington, which brought over five million people onto streets across the globe – will provide a keynote speech as part of a series of talks and workshops on the theme of Democracy Day, taking place on March 14.
Elsewhere, the renowned and often provocative journalist, Peter Hitchens, is set to stir controversy by arguing for closer and more trusting ties with Russia. Satire and political caricature are at the centre of veteran cartoonist Martin Rowson’s event, in which he explores the techniques, practice and purpose of his craft. And renowned Oxford Professor Danny Dorling will dive deep into assessing the extent to which inequality created the momentum behind the leave vote in 2016’s Brexit referendum.
For the entirety of the the festival artist Kate Guelke will barricade herself into a room in the Barracks theatre, depending on the public to provide her with the 'Bare Necessities' in an effort to examine how little we really need to get by.
There will be an exhibition at the Linen Hall Library entitled In Their Footsteps, comprised of pairs of shoes donated by families who lost loved ones during the Troubles, each with a small note on what the person represents. Of the theatre and drama on offer, a staged reading of Abby Mann’s Judgement at Nuremburg dealing with the Nazi war crime trials in 1947, is likely to be another powerful highlight.
The festival is also hosting a competition, inviting the public to submit short films on the vision they have for the world of tomorrow.
Alongside a host of other names and events hoped to attract over 5,000 people across the week, this year's programme has everything it needs to truly capture the imagination of Belfast.
For more on the Imagine Festival visit www.imaginebelfast.com.
Imagine! Belfast Festival of Ideas and Politics
Creativity Month
Imagine! Festival
Belfast Arts Weekender to animate city with free performances, urban murals and more
Across two weekends there'll be a host of events inviting everyone to immerse themselves in the culture and creativity on their doorsteps...
Festival of Theatre for Social Change
In a first for Northern Ireland, Sole Purpose Productions stages four days of performances, workshops and more addressing important issues in society while highlighting the work being done to promote positive change
Lyric Theatre announces plans to celebrate 50 years on the banks of the Lagan
The milestone anniversary of the Belfast institution's enduring home will be marked with landmark productions, gala events and more...
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Shah Rukh Khan to be chief guest at 10th Indian Film Festival of Melbourne
Superstar Shah Rukh Khan will be the chief guest at this year's Indian Film Festival of Melbourne, the festival organisers announced Thursday.
Helmed by the Victorian government, Australia, the IFFM is back for its 10th edition in the cultural city and will celebrate "courage" as its central theme.
Khan said he is honoured and delighted to accept the invitation.
"An industry of our magnitude and diversity deserves to be celebrated with great passion and fervour, which is what the festival embodies.
"I'm particularly pleased with the theme of the festival this year which is courage, an emotion that resonates with storytellers who really have the might to change the society and the world. I have had great memories of shooting for 'Chak De! India' in Melbourne and look forward to being back again, this time to celebrate Indian cinema," the actor said in a statement.
Khan will open the IFFM on August 8 along with the other festival guests and in the company of Victorian Premier Daniel Andrews and festival director Mitu Bhowmick Lange.
Andrews said he is looking forward to having the Indian actor as part of the festival.
"This event has grown significantly over the past decade and with the extraordinary Shah Rukh Khan here, this year's festival is shaping up to be the biggest and most exciting yet," he said.
"The Bollywood and Indian film industry is the biggest in the world and in addition to supporting this festival, we've announced a new Bollywood and Indian Cinema Attraction Fund to bring more film productions from India and the subcontinent to Victoria. Perhaps we'll even lure Shah Rukh back to our shores again," Minister for Creative Industries Martin Foley added.
Lange said the team is excited to host Khan in the city.
"He's truly an icon of Indian cinema internationally, a person millions and millions follow and look up to. We are looking forward to hosting Mr Khan in Melbourne," she said.
The festival will run through August 17.
Source: PTI
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Shah Rukh Khan’s 27 years in Bollywood
‘Mufasa’ Shah Rukh Khan ready to witness clash along with ‘Simba’
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Without the Individual Mandate’s Tax, Obamacare Should Fall Apart in Court
Brad Schimel / @WisDOJ / Ken Paxton / @KenPaxtonTX / March 15, 2018 / Leave a comment
The removal of the individual mandate tax penalty should make Obamacare unconstitutional, per the Supreme Court's 2012 ruling. (Photo: BCFC/Getty Images)
Brad Schimel / @WisDOJ
Brad Schimel is the attorney general of Wisconsin.
Ken Paxton / @KenPaxtonTX
Ken Paxton is the attorney general of Texas.
When Congress enacted President Donald Trump’s landmark tax reform plan in December, one media outlet proclaimed: “The GOP Tax Bill Kills Obamacare’s Individual Mandate.”
Turns out, the headline was wrong. The individual mandate—the unconstitutional requirement that most Americans buy health insurance—remains in the law.
The headline should have proclaimed that the tax bill repealed the tax penalty associated with the mandate, thereby rendering every single word of Obamacare unconstitutional under the Supreme Court’s reasoning.
Back in 2012, the Supreme Court narrowly upheld the constitutionality of Obamacare in a 5-4 decision. Although the five justices in the majority searched the entire Constitution, the deciding vote—Chief Justice John Roberts—found only one basis for Congress’ authority to enact the individual mandate: the power to levy taxes.
In his opinion, Roberts said that while Obamacare’s mandate is best read as an unconstitutional requirement on Americans—which Congress has no authority to enact—its constitutionality could be salvaged as a “tax” because the mandate’s associated tax penalties raise “at least some revenue.” Roberts cited this raising of “some revenue” as being “the essential feature of any tax.”
Last year, Congress repealed the individual mandate tax penalty, leaving only the unconstitutional mandate. This change rendered the individual mandate unconstitutional under Roberts’ reasoning. After all, the mandate no longer raises “some revenue.”
And without the mandate, the rest of the law falls.
President Barack Obama and the leaders of Congress made it very clear at the time that the individual mandate is the core of Obamacare. Without it, Obamacare cannot function as Congress and the Obama administration intended.
The Obama administration even told the Supreme Court that key parts of Obamacare would be invalid without the mandate. In other words, you cannot constitutionally separate the mandate from Obamacare’s structure. If the individual mandate is now unconstitutional, the entire law must be struck down.
Texas and Wisconsin, joined by 20 states, filed a lawsuit in federal court earlier this month asking the federal courts to obey what the Supreme Court has already recognized and hold all of Obamacare unconstitutional.
Since its passage in 2009, Obamacare has been a colossal failure. It has not lowered premiums for most Americans, and it has not brought down the cost of health care. It has succeeded in imposing billions of dollars in costs on individuals and endangered America itself by far overstepping the bounds of the federal power set by our Constitution.
Everyone except many of the politicians in Washington, D.C., understands that the powers of the federal government are, as James Madison famously put it, “few and defined.” Plainly and simply, the federal government’s authority is strictly limited to the matters spelled out in the text of the Constitution.
The 10th Amendment reserves the authority to do anything and everything else exclusively to the states or to the American people. The Founders did not build our Constitution around federalism for the benefit of law professors and D.C. politicians. They build it to be a castle wall guarding the liberty of all Americans.
We bring this challenge to Obamacare because, as state attorneys general, we took an oath of office to uphold the rule of law and protect the rights of Americans from the unconstitutional, ever-expanding intrusion of the federal government.
Through our multi-state lawsuit, we hope to restore the rule of law to our health care markets. Then the president and Congress can pursue the health care reform it actually has the authority to enact.
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LawAnalysis
The Consequences of Philadelphia’s ICE Decision
Katrina Trinko / @KatrinaTrinko / Daniel Davis / @JDaniel_Davis / August 03, 2018 / Leave a comment
In this July 2 photo, protesters gather at Philadelphia's City Hall to speak out against Trump administration policies on immigration and demand the abolition of ICE. (Photo: Michael Candelori / Pacific Press/Newscom)
Listen here to the full podcast, which features an interview with Hans von Spakovsky on Philadelphia’s decision to stop sharing arrest data with ICE or read the lightly edited transcript of the interview below.
Plus, we discuss The New York Times’ hiring of a journalist with a history of racist tweets toward whites, and these stories:
The EPA announces plans to freeze gas mileage standards—and challenge blue states’ rights to demand higher standards than the federal government.
National Intelligence Director Dan Coats discusses the threat of Russia meddling in the 2018 elections.
Sen. Marco Rubio, R-Fla., introduces paid family leave legislation.
In Massachusetts, a woman hits a car with a Trump bumper sticker.
Comedian Chris Rock is criticized for tweeting an article from a conservative news site.
The Daily Signal podcast is available on Ricochet, iTunes, SoundCloud, Google Play, or Stitcher. All of our podcasts can be found at DailySignal.com/podcasts. If you like what you hear, please leave a review. You can also leave us a message at 202-608-6205 or [email protected]. Enjoy the show!
Katrina Trinko: Last week, Philadelphia Mayor Jim Kenney, a Democrat, announced the city, which is a sanctuary city, would no longer provide Immigrations and Customs Enforcement, or ICE, with certain data about arrests in the city.
Kenney said, “I cannot in good conscience allow the agreement to continue. We’re not going to provide them with information so they can go out and round people up,” and also said, “If I could abolish ICE, I would. But we can abolish the contract, this contract, and we are.”
The particular database at stake is the Preliminary Arraignment Reporting System, or PARS, while, per Fox News, there were already limits on what ICE could access in the database, it did mean that people who were arrested, or who were victims, who were witnesses to the crime, were all in the system.
Joining us today to discuss is Hans von Spakovsky, a senior legal fellow at The Heritage Foundation. Hans, what are the ramifications of Philadelphia’s decision?
Hans von Spakovsky: Mayor Jim Kenney is allowing political correctness to compromise public safety. And think about this: What ICE was giving access to was the arrests database. So these are arrests of residents of Philadelphia, who are committing all kinds of crimes.
The city of Philadelphia has one of the highest crime rates in the country—the crime rate there is 46 percent higher than the national average. You have more chances of getting assaulted, murdered, robbed in Philadelphia than almost any other city in the country.
And you would think that the mayor would believe it’s a good idea, if an illegal alien, who commits a local crime, was picked up by ICE and deported from the country. Instead of after they’ve served their sentence, being released and going back into the Philadelphia community. Because that’s in essence what he’s saying they want to have happen.
Daniel Davis: Is this the first major U.S. city to do this, to shop sharing data with ICE?
von Spakovsky: There are other cities that do. This is part of Philly’s sanctuary policy. And there’s a movement going on all across the country, being pushed by pro-illegal alien groups, to get cities to basically stop doing this.
Another part of this policy—this wasn’t in the news recently, but this is what Philadelphia does—is, look, if they’ve got somebody in jail serving a sentence because they assaulted someone in Philadelphia, or robbed someone in Philadelphia, and their time in jail comes to an end, they refuse to notify ICE, again, so that they can come pick this person up, and deport them from the country instead of releasing them back into the community.
So it’s just foolishness, reckless foolishness that’s going to increase the crime rate in the city at the expense of the residents.
Trinko: Does ICE have any legal recourse against Philadelphia or any grounds in which to say that a city can’t do this?
von Spakovsky: No. Cooperation is a voluntary thing. Unfortunately, we had a federal judge in Philly say that the Justice Department couldn’t cut off law enforcement grants from the Justice Department. You may recall [Attorney General] Jeff Sessions has threatened to do that, to cut off law enforcement grants to cities that put in sanctuary policies.
Philly was going to be one of those cities, but a federal judge issued an injunction telling Jeff Sessions he couldn’t do that.
I think that opinion was wrong, but we’ve been getting injunctions like that, frankly, from liberal federal judges all over the country. I think that issue eventually is going to get to the Supreme Court.
But that’s what needs to happen. Philly shouldn’t be getting federal money from the Justice Department, or [Department of Homeland Security], and other federal agencies to improve its law enforcement, when it’s doing everything it can to hurt the ability to enforce the law in the city.
Davis: And I guess the outcome here is just going to be that Philly is less safe, right? It’s just going to hurt Philly.
von Spakovsky: Yeah. Right, that’s exactly it. And I should point out, that one of the things that pro-illegal alien groups claim always is that, “Oh, well, we have to do this because otherwise victims of crimes won’t report it if they’re also here illegally.”
Well, that ignores the fact that the Department of Homeland Security has long had a policy that, if someone is here illegally, but they’re the victim of a crime, or they’re the witness to a crime, the policy of DHS is they’re not going to remove them and deport them, because they reported a crime.
So that’s not going to happen. All this is going to do is make the city an even bigger sanctuary for criminal aliens, people who break the law.
Trinko: So this came amid quite heated protests from some near city hall, Occupy ICE protesters. And then we have seen on a larger scale in the United States, a push by some on the far left, who want to abolish ICE. What is the purpose of the agency and do you think this movement is going anywhere?
von Spakovsky: I don’t think it’s going anywhere because it’s so recklessly stupid. I mean, I hate to use that terminology … Look, ICE is the federal agency that guards our borders, that guards our airports. They’re the ones that stop, if you go through and you look at their press releases of arrests, and things that they’ve done, you will find that they stop huge shipments of dangerous drugs. Fentanyl, for example. Opioids coming in. They are the ones that prevent terrorists from sneaking into the country.
They are the ones who prevent more ordinary, but just as dangerous criminals—for example, members of MS-13, one of the most dangerous and brutal gangs in the world—from getting into the country at our border and other entry posts.
And yet, these protesters say, “Oh, we should just get rid of these people.” They, clearly, they just want open borders, which in today’s world, you just cannot do that. I mean, it’s so unrealistic and it’s so dangerous.
Davis: One of the things I don’t quite understand here is that critics of ICE seem to mesh everything that ICE does together into one evil thing.
von Spakovsky: Right.
Davis: And they’re not distinguishing here with this program, which is to help ICE find and deport people who have committed crimes after being here.
von Spakovsky: Exactly right, yeah.
Davis: Which should be, even if you believe in open borders, at least if you believe in law enforcement, and protection of your residents, this would be a logical thing, but they’re just sort of labeling it as, “Oh, it’s an ICE … We don’t want ICE in here at all.”
von Spakovsky: Yeah, I know, but that’s exactly right. In fact, that’s what sanctuary policies all over the country do because the common factor in sanctuary policies all over the country is local cities saying, “When we arrest illegal aliens for committing local crimes, we are not going to notify ICE about it, and once they’ve served their sentence, we’re not going to notify ICE about that either, so they can come and be picked up.”
So, as I said before, they’re creating sanctuaries for criminals. Why do they want these criminal aliens staying in their local communities, where they’re going to victimize even more residents of the city? It doesn’t make any sense at all.
Trinko: So one of the criticisms from the left has been that, while some illegal immigrants, of course, end up or are members of MS-13, and do other criminal acts, that the right generally overstates how many of them do commit criminal acts, and that’s just sort of a non-issue. What would your response be to that?
von Spakovsky: Well, there’s been a lot of claims made that illegal aliens commit crimes at a lesser rate than citizens. That’s actually not true. I’ve written about that and pointed out the flaws in that analysis. On the other hand, there are many studies that have gone in and look at the criminal histories of criminal aliens.
No one is saying that all illegal aliens commit criminal acts, even though they’re in the country illegally. But the amount of crime committed by criminal aliens is shockingly huge. And what everyone needs to remember is, that not a single one of those crimes would have happened, not a single American would have been victimized if those individuals weren’t in the country. Or if the first time they were caught by local law enforcement, or Department of Homeland Security, they’d immediately been deported and removed to their country.
There’s a lot of Americans today that would be alive, who have been killed by illegal aliens … that would never have happened if those illegal aliens were not in the country.
Trinko: OK. Well, thank you so much for joining us today, Hans.
von Spakovsky: Sure, thanks for having me.
@KatrinaTrinko
Katrina Trinko
Katrina Trinko is editor-in-chief of The Daily Signal and co-host of The Daily Signal Podcast. Send an email to Katrina.
@JDaniel_Davis
Daniel Davis is the commentary editor of The Daily Signal and co-host of The Daily Signal podcast. Send an email to Daniel.
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Federal Court Upholds Right to Carry Handguns in Public in D.C.
Alden Abbott / July 28, 2014
On July 26, a federal district court in Washington, D.C. struck down as unconstitutional the District of Columbia’s laws totally banning the public carrying of ready-to-use handguns outside the home. The court held that the ban violated the Second Amendment’s protection of the right to bear arms, strongly reaffirming the importance of this individual liberty.
The D.C. Government refused handgun registration applications by three DC residents (Tom Palmer, George Lyon, and Amy McVey) because the applicants indicated they intended to carry their firearms outside the home. As a result, the three residents sued the D.C. Government in federal district court. A fourth individual, not a D.C. resident,and the Second Amendment Foundation, a non-profit organization that supports the right to bear arms, joined in the lawsuit.
The district court reviewed D.C. laws that limited gun licenses to cover only “self-defense within a person’s home” and made it a felony to carry unlicensed pistols in public. The court focused on the Supreme Court’s decisions in Heller (2008) and McDonald (2010), which held that laws that totally ban handgun possession violate the Second Amendment. It highlighted language in those decisions that carrying a handgun outside the home for self-defense qualifies as “bear[ing] Arms.” Accordingly, the court concluded that D.C.’s total ban on the public carrying of ready-to-use handguns outside the home was unconstitutional “under any level of scrutiny.” It then barred DC from enforcing the home use limitation of its gun laws until it adopts a licensing mechanism consistent with the Second Amendment.
Neither this nor other recent court decisions precludes states and localities from licensing and regulating handgun use. But this holding, consistent with other lower court decisions, indicates that the Supreme Court’s affirmation of the individual right to bear arms continues to be taken very seriously by the judiciary, and will guide future court review of state and local gun use restrictions.
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Off-duty police officer, aged 24, dies in car crash in Northamptonshire on Boxing Day
PC Daniel Clayton-Drabble
David Summers
An off-duty police officer died in a car crash in Northamptonshire early on Boxing Day, police have reported this evening.
A spokesman for Thames Valley Police released a statement "to confirm the tragic death of one our officers" this evening.
The spokesman said: "PC Daniel Clayton-Drabble, aged 24, was off-duty and died at the scene of single-vehicle road traffic incident on an unclassified road between the A5 and Whittlebury near Towcester in Northamptonshire at around 7.40am.
"No other parties were involved in the collision," he added.
"PC Clayton-Drabble was based at Milton Keynes police station. Next of kin has been informed. The investigation into the collision is being carried out by Northamptonshire Police," the spokesman added.
Detective Chief Superintendent Gilbert Houalla, Force Gold Commander, said: “This is a tragic incident and our thoughts are with Daniel’s family and colleagues who are being supported at this time.
“We would ask that the family is given privacy at this time.”
A spokesman for Northamptonshire Police said: "The collision happened at about 7.35am on an unclassified road between Whittlebury and the A5, when a blue BMW 320 Sport left the road and collided with a tree.
"Police are appealing for witnesses who may have seen the incident to call the Drivewatch Hotline on 0800 174615."
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Investment Management Regulatory Update
Changes to New York Law Governing Powers of Attorney Effective September 1, 2009
SEC, CFTC Hold Joint Meetings on Regulatory Harmonization
SEC, FINRA Issue Warning to Retail Investors About Risks of Leveraged, Inverse ETFs
SEC Grants No-Action Relief to Foreign Funds
IRS Extends FBAR Filing Deadline
SEC RULES AND REGULATIONS
SEC Proposes Alternative Uptick Rule
SEC Adopts Regulation S-AM Limiting Affiliate Marketing to Consumers
Options Traders and Broker-Dealers Settle SEC Charges of "Naked" Short Sale Rule Violations
New York has enacted significant amendments (the "Amendments") to the law governing powers of attorney ("POAs"), which became effective on September 1, 2009.[1] The Amendments may be significant in the private and registered fund context. As discussed below, POA provisions are standard in many fund operating, subscription, transfer and related documents, and the changes could implicate those POAs. Of note, the Amendments:
impose new requirements for the creation of valid POAs, both statutory and non-statutory;
establish that an agent acting under a POA owes a fiduciary duty to the principal and set forth an agent’s fiduciary obligations (e.g., the agent must keep a record of all receipts, disbursements and transactions entered into on behalf of the principal and make such records available upon request);
create a new statutory short form POA to replace the two statutory short form POAs currently in use in New York (the durable and non-durable statutory short form POAs);
prohibit financial institutions and other third parties (including partnerships and limited liability companies) from refusing to honor a properly executed statutory short form POA, unless there is reasonable cause for such refusal;
provide for a special proceeding to compel third parties to accept a statutory short form POA and to resolve other issues relating to a POA; and
provide that, unless additional requirements are met, the only gifts an agent acting under a POA is authorized to make on behalf of the principal are gifts which do not exceed $500 per recipient, per calendar year, and which are consistent with gifts the principal has customarily made to individuals and charities before the creation of the power of attorney relationship.
The new requirements for the creation of a valid POA apply only to POAs executed in New York by individuals on or after September 1, 2009. These requirements do not apply to POAs executed by entities. Until further guidance is available, it may be advisable to treat a POA executed by an individual granting authority to exercise powers held by that individual as a fiduciary or official of any legal, governmental or commercial entity as a POA executed by an individual. POAs executed by individuals in another state or jurisdiction in compliance with the law of that state or jurisdiction are valid in New York, regardless of whether the individual is a domiciliary of New York.
Although the Amendments do not affect the validity of a POA executed prior to September 1, 2009 if the POA was valid when executed, the execution of a new POA by an individual on or after this date automatically revokes any and all prior POAs executed by that individual unless that individual expressly provides otherwise. The New York State Legislature is considering a technical corrections bill that would reverse the default rule in the Amendments so that a subsequently executed POA would not automatically revoke all prior POAs. Until such a bill is enacted, however, it is prudent to include an explicit non-revocation provision in any new POA governed by the Amendments to avoid the unintentional revocation of a POA.
As noted above, POA provisions are standard in many fund operating, subscription, transfer and related documents. In private funds, subscription and transfer agreements often include a POA authorizing the general partner to sign the fund’s operating documents on behalf of its limited partners or make certain representations on their behalf. The fund’s operating documents also typically include a POA authorizing the fund’s general partner to take certain actions and execute certain documents and amendments on behalf of its limited partners. For example, many private equity funds permit the use of "alternative investment vehicles" when structuring investments, and general partners may be empowered to execute the operative documents of such vehicles through a POA embedded in the partnership agreement. In registered investment companies, members of the company’s senior management or board of directors may, for example, execute a POA designating one or more of its members to sign and file a registration statement.
To be valid, all POAs subject to the Amendments executed by individuals in New York on or after September 1, 2009 must (i) contain the exact wording in the "Caution to the Principal" and "Important Information for the Agent" provisions set forth in the Amendments, (ii) be typed or printed using letters that are legible or of clear type no less than 12 point in size, or if in handwriting, a reasonable equivalent thereof and (iii) be signed and dated by both the principal and the agent, and both signatures must be duly acknowledged.
Pursuant to the Amendments, a third party may not, without reasonable cause, refuse to honor a statutory short form POA that is properly executed. The Amendments define "third party" as a financial institution or any person (including a partnership, limited liability company or any other legal or commercial entity). In addition, the Amendments (i) set forth a non-exclusive list of what constitutes "reasonable cause" to refuse to honor a properly executed statutory short form POA, (ii) state that it shall not be unreasonable for a third party to require an agent to execute an acknowledged affidavit that a POA is still in full force and effect and (iii) provide that it would be unreasonable for a third party to refuse to honor a properly executed statutory short form POA solely because: (A) the POA is not on a form prescribed by the third party; (B) there has been a lapse of time since the execution of the POA or (C) on the face of the statutory short form POA, there is a lapse of time between the date of the acknowledgment of the signature of the principal and the date of the acknowledgment of the signature of the agent.
We will continue to keep you apprised of any developments in New York law governing POAs.
See a copy of the "Caution to the Principal" and "Important Information for the Agent" provisions
See a copy of the proposed technical corrections bill
The SEC and the CFTC held joint meetings on September 2 and 3, 2009 at the CFTC and the SEC, respectively, to solicit public input regarding the harmonization of the two agencies' regulatory regimes. Five panels discussed the following issues: the regulation of exchanges and markets, the regulation of intermediaries, the regulation of clearance and settlement, the regulation of investment funds and enforcement.
The joint meetings were part of the agencies' response to the Obama Administration's recent White Paper on Financial Regulatory Reform (the "White Paper"), which directed the SEC and the CFTC to provide recommendations to Congress for amendments to statutes and regulations to harmonize the regulation of futures and securities. The White Paper recommended that the agencies submit to Congress, by September 30, 2009, a report detailing the existing conflicts contained in statutes and regulations regarding similar types of financial instruments and setting forth either reasons why such differences promote investor protection or proposed changes to the statutes and regulations to harmonize the differences.
SEC Chairman Mary Schapiro stated that the joint meetings would "build on the progress the CFTC and SEC have made on designing a framework to regulate OTC derivatives" and "move us further down the road of harmonizing our regulations to increase transparency, reduce regulatory arbitrage and rebuild confidence in our markets." In connection with the joint meetings, CFTC Chairman Gary Gensler said that "harmonizing [the CFTC and SEC's] regulatory policies will improve market integrity by applying consistent standards to market participants."
See the notice of the joint meetings
See the press release
See the agenda
See SEC Chairman Schapiro's opening remarks before the joint meetings
See CFTC Chairman Gensler's opening statement before the joint meetings
See a copy of the White Paper
In an August 18, 2009 joint release entitled Leveraged and Inverse ETFs: Specialized Products with Extra Risks for Buy-and-Hold Investors (the "Investor Alert"), the SEC and FINRA cautioned retail investors about the risks associated with investments in leveraged and inverse exchange-traded funds ("ETFs"). ETFs are funds, usually registered investment companies, whose shares constitute interests in a securities portfolio that tracks a benchmark or index, and whose shares are traded on a securities exchange. Different variations of ETFs have emerged over the years, and the Investor Alert emphasizes that leveraged and inverse ETFs are significantly different from and riskier than traditional ETFs. Leveraged ETFs aim to generate returns representing multiples of the performance of the underlying benchmark or index, while inverse ETFs target returns that are the opposite of the returns delivered by the underlying index or benchmark. Leveraged inverse ETFs seek to deliver a multiple of the opposite performance of the underlying index or benchmark.
Leveraged and inverse ETFs are typically structured to generate their performance objectives on a daily basis, and due to the effects of compounding, their performance over a prolonged period of time can diverge significantly from the performance of the underlying index or benchmark over such period. In the Investor Alert, the SEC and FINRA expressed concern that some retail investors are investing in leveraged and inverse ETFs under the incorrect "expectation that these ETFs may meet their stated daily performance objectives over the long term as well," and urged investors to consult with investment professionals before investing in such products.
The Investor Alert follows FINRA's June 2009 regulatory notice to firms (the "Notice"), in which the regulator reminded firms of their sales practice obligations with respect to leveraged and inverse ETFs, including the following:
Suitability. Ensuring that recommendations are suitable for clients and made with a complete understanding of the recommended products. The Notice emphasizes that in many cases, inverse and leveraged ETFs are not suitable investments for retail investors intending to hold them longer than one trading session;
Risk disclosure. Accurately disclosing in firm sales materials and oral presentations regarding leveraged and inverse ETFs the material risks associated with such products, including that they are structured to obtain their investment objectives on a daily basis and may not track the performance of their underlying benchmarks over longer periods; and
Supervisory procedures. Establishing supervisory procedures to ensure compliance with the above sales practice obligations associated with leveraged and inverse ETFs.
See the press release regarding the Investor Alert
See a copy of the Investor Alert
See a copy of the Notice
On August 4, 2009, the SEC issued a no-action letter granting relief to Foreign Funds (as defined below) that acquire shares of a registered investment company (a "U.S. RIC") in excess of the limitations set forth in Sections 12(d)(1)(A)(ii) and (iii) of the Investment Company Act of 1940 (the "Investment Company Act"). On August 24, 2009, the SEC issued a slightly revised version of the letter, revising a footnote to the letter issued on August 4, 2009. "Foreign Funds" are investment companies organized outside the United States and not registered under the Investment Company Act.
Section 12(d)(1)(A)(ii) of the Investment Company Act prohibits an investment company and companies it controls (including unregistered funds) from investing more than five percent of its total assets in any one U.S. RIC. Section 12(d)(1)(A)(iii) prohibits an investment company from investing more than ten percent of its total assets in all other investment companies. According to the no-action letter, these restrictions are intended to address potentially duplicative fees and unnecessary complexity that could cause harm to the acquiring investment company and its shareholders. The SEC acknowledged in the no-action letter that the United States would have little regulatory interest in protecting a non-U.S. acquiring investment company with no U.S. shareholders from such risks. Accordingly, the SEC concluded that a Foreign Fund may purchase securities issued by a U.S. RIC in excess of the percentage limitations set forth in Sections 12(d)(1)(A)(ii) and (iii). In the August 24 revision of the no-action letter, the SEC clarified that foreign funds offered in the United States in reliance on Sections 3(c)(1) or 3(c)(7) of the Investment Company Act remain "subject to Section 12(d)(1) to the same extent as a U.S. 3(c)(1) or 3(c)(7) fund."
The SEC's no-action relief is based on several conditions. One condition is that a Foreign Fund must comply with Section 12(d)(1)(A)(i) and Section 12(d)(1)(B) of the Investment Company Act. Section 12(d)(1)(A)(i) prohibits an investment company and companies it controls from purchasing more than three percent of the voting shares of a U.S. RIC. Section 12(d)(1)(B) prohibits a registered open-end investment company from selling its shares if, as a result of such sale, (i) more than three percent of its outstanding voting shares would be owned by any one investment company and companies controlled by such investment company or (ii) more than ten percent of its outstanding voting shares would be owned by other investment companies and companies controlled by them. Because the restrictions in these two provisions are designed to protect a U.S. RIC from potential abuse of voting control and undue influence by an acquiring investment company, the SEC concluded that a Foreign Fund must continue to comply with these restrictions. The SEC also required a Foreign Fund to (i) refrain from offering or selling securities in the United States or to any U.S. person and (ii) conduct transactions with its shareholders consistent with the definition of "offshore transactions" in Regulation S under the Securities Act of 1933.
See the SEC's August 24, 2009 no-action letter
See the application letter submitted by Dechert LLP
Taxpayers have been struggling to comply with their reporting obligations for foreign financial accounts because of informal statements by IRS officials in June suggesting that the obligations were broader than previously thought. The IRS previously extended the June 30, 2009 filing deadline for the Report of Foreign Bank and Financial Accounts (the "FBAR") to September 23, 2009.
On August 7, 2009, the IRS released a draft Notice extending the filing deadline to June 30, 2010 for FBARs relating to 2008 and prior years for (i) persons who have signature authority but no financial interest in a foreign financial account and (ii) persons who have a financial interest or signature authority over commingled funds. To the extent investments in foreign hedge funds or private equity funds constitute foreign financial accounts, the new filing deadline would apply. The IRS stated in the draft Notice that it "intends to issue regulations clarifying the FBAR filing requirements pertaining to those persons with respect to these foreign financial accounts."
The IRS Notice also invites comments on a range of related issues by October 6, 2009.
See a copy of the IRS' Notice
More than four months after announcing a set of proposals to restrict short selling, the SEC on August 17, 2009 announced an additional proposal and reopened the comment period for its existing short selling restriction proposals. As discussed in more detail in our May 4, 2009 client memorandum Short Sale Proposals: Key Questions, on April 10, 2009, the SEC published a set of proposals setting forth two approaches to restrict short selling. One approach would employ "circuit breakers" to a particular security during any sharp decline in the price of that security. The other approach would restrict short selling on a market-wide basis and could take the form of either an "Uptick Rule" or a "Modified Uptick Rule." Both the Uptick Rule and the Modified Uptick Rule would limit short selling by restricting the price at which short sales may be effected. They differ primarily in the price indicator used to limit short selling: the Uptick Rule uses the last sale price as the reference point for short sale restrictions, while the Modified Uptick Rule uses the current national best bid as the reference point.
Similar to the Modified Uptick Rule, the newly proposed alternative uptick rule (the "Alternative Uptick Rule") would also use the current national best bid as a reference point for short sale orders. However, unlike the Modified Uptick Rule, which would permit short selling at the current national best bid, the Alternative Uptick Rule would only permit short selling at an increment above the current national best bid. Because any short selling must be at an increment above the current national best bid, the Alternative Uptick Rule would prevent the immediate execution of short sales, even when the price of the listed security is on the rise. As a result, the Alternative Uptick Rule would restrict short selling to a greater extent than either the Uptick Rule or the Modified Uptick Rule.
According to the SEC, the Alternative Uptick Rule, unlike the Uptick Rule or the Modified Uptick Rule, would not require monitoring of the sequence of bids (i.e., whether the last sale price or current national best bid is above or below the previous last sale price or national best bid). Proponents of the Alternative Uptick Rule argue that as a result, it would be easier to implement than either the Uptick Rule or the Modified Uptick Rule.
In connection with the release of the proposed Alternative Uptick Rule, the SEC has extended the ending date of the comment period for the April proposals from June 19, 2009 to September 21, 2009. In its press release announcing the Alternative Uptick Rule proposal, the SEC noted that it "particularly seeks comments on the alternative uptick rule as a permanent market-wide approach, as well as whether the alternative uptick rule should be combined with a circuit breaker approach."
See the SEC's proposing release
See the SEC's press release
On August 4, 2009, the SEC adopted Regulation S-AM, restricting the ability of any SEC-registered investment company, investment adviser, transfer agent or non-notice-registered broker or dealer (together, the "Covered Entities") to use consumer eligibility information obtained from an affiliate to make a marketing solicitation to a consumer. The SEC adopted Regulation S-AM, initially proposed in July 2004, to fulfill its obligation under Section 624 of the Fair Credit Reporting Act (the "FCRA"), which requires the SEC and other federal agencies to issue regulations limiting entities from using certain information received from affiliates to market products or services to a consumer unless the consumer has received notice and a reasonable opportunity to opt out of the solicitation. As such, the SEC notes in its adopting release that Regulation S-AM is, to the extent possible, consistent with the regulations adopted by other federal agencies pursuant to Section 624 to the FCRA. The regulation has an effective date of September 10, 2009 and a compliance date of January 1, 2010.
Regulation S-AM prohibits a Covered Entity from using eligibility information regarding a consumer that has been received from an affiliate to make a marketing solicitation to the consumer, unless the following conditions are met:
Clear and conspicuous notice. The consumer has received a clear and conspicuous written disclosure, or if the consumer agrees, electronic disclosure, in a concise notice stating that the Covered Entity may use eligibility information about the consumer that is obtained from an affiliate to make a marketing solicitation to the consumer;
Reasonable opportunity and simple method to opt out. The consumer has received a "reasonable opportunity and a reasonable and simple method to opt out"; and
Lack of opt out by consumer. The consumer has not opted out of receiving marketing solicitations from the Covered Entity.
The notice and opportunity to opt out must be issued to the consumer by either (i) an affiliate identified in the notice who has or has had a pre-existing business relationship with the consumer or (ii) two or more constituents of an affiliated group of companies, at least one of which has or has had a pre-existing business relationship with the consumer. Eligibility information covered by the regulation includes information regarding a consumer's account history and information contained in consumer reports or applications, but does not include "aggregate or blind data that does not contain personal identifiers such as account numbers, names or addresses." For purposes of Regulation S-AM, the term "marketing solicitation" means the marketing of a product or service to a specific consumer that is (a) based on eligibility information received from an affiliate and (b) designed to encourage the consumer to utilize such product or service.
Regulation S-AM sets forth certain exceptions to the notice and opt-out requirements, including for marketing solicitations made by a Covered Entity to a consumer:
with whom that Covered Entity has a pre-existing business relationship;
in response to a communication initiated by the consumer regarding the Covered Entity's products or services; or
in response to a request from the consumer to receive marketing solicitations.
Regulation S-AM specifically allows the required notice and opt-out information to be provided to consumers in consolidation with other legally required disclosures, such as those mandated by Regulation S-P, which requires brokers and dealers, investment companies and SEC-registered investment advisers to provide their consumers and customers with notice of their privacy policies and prohibits the covered parties from sharing nonpublic personal information regarding a consumer to nonaffiliated third parties unless certain notice and opt-out opportunities have been provided to the consumer.
See a copy of the adopting release
Shortly after the SEC's adoption of Rule 204 ("Rule 204") of Regulation SHO ("Reg SHO") under the Securities Exchange Act of 1934 (the "Exchange Act"), which was intended to curtail "naked" short selling abuses, on August 5, 2009, the SEC announced its first enforcement actions relating to "naked" short selling. In two separate administrative proceedings, the SEC charged two broker-dealers, Hazan Capital Management LLC ("Hazan Capital") and TJM Proprietary Trading LLC ("TJM"), and their options traders, Steven M. Hazan and Michael R. Benson, respectively, with violations of their locate and close-out obligations pursuant to Reg SHO. The SEC also charged TJM's Chief Operating Officer, John T. Burke, for failing to reasonably supervise Benson to prevent him from willfully aiding and abetting TJM's Reg SHO violations. The broker-dealers and individuals each settled the charges without making any admissions or denials with respect to the agency's findings.
Rule 203(b)(1) of Reg SHO imposes a locate requirement on broker-dealers, requiring them to borrow or arrange to borrow a security, or reasonably believe that a security can be borrowed, before executing a short sale transaction. Rule 203(b)(2), however, provides a limited exception from the locate requirement, known as the "market-maker exception," for "a market maker in connection with bona-fide market making activities in the security for which [the] exception is claimed." Reg SHO also sets forth a close-out requirement on short-selling broker-dealers, requiring them to deliver shorted securities by a particular date. At the time of the traders' and firms' short selling violations, the close-out requirement was imposed by Rule 203(b)(3) of Reg SHO, which has since been superseded by Rule 204 as reported in the August 5, 2009 Investment Management Regulatory Update and the Davis Polk client newsflash Short Sales: SEC Adopts Final Rule 204, Allows Rule 10a-3T (Form SH) to Expire and Announces Other Short Sale Initiatives. Furthermore, under Section 15(b)(4)(E) of the Exchange Act, broker-dealers and persons associated with a broker-dealer are required to reasonably supervise persons under their supervision, "with a view to preventing violations of the [federal] securities laws."
In the administrative proceeding against Hazan Capital, the SEC found that the firm willfully violated the Rule 203(b)(1) locate requirement in connection with its short selling activities between January 2005 and October 2007 by incorrectly relying on the market-maker exception to avoid its obligation to locate shares before executing short sales. The SEC determined that Hazan Capital should not have claimed the market-maker exception because it "was not engaged in bona fide market making activity in connection with effecting the short sale transactions." The SEC also found that Hazan Capital willfully violated the Reg SHO close-out requirement by engaging in complex "sham transactions" that gave the appearance that the firm was complying with the close-out requirement when in fact it was not. With respect to Steven Hazan, the SEC determined that the principal trader and majority owner of Hazan Capital willfully aided and abetted Hazan Capital's locate and close-out violations. Hazan Capital and Steven Hazan agreed to pay $3 million in disgorgement, the payment of which the SEC deemed satisfied by the orders of NYSE Amex, LLC ("NYSE Amex") and NYSE Arca, Inc. ("NYSE Arca") in their related actions ordering Hazan Capital and Steven Hazan to disgorge that same amount. The SEC further acknowledged Hazan Capital and Steven Hazan's commitment to pay $1 million in fines in the related NYSE Amex and NYSE Arca actions. The SEC also ordered Hazan Capital and Steven Hazan to cease and desist from causing any further violations of the Reg SHO locate and close-out requirements, censured Hazan Capital and barred Steven Hazan from associating with any broker-dealer for five years.
In the administrative proceeding against TJM, the SEC found that between January 2007 and July 2007, TJM willfully violated the Rule 203(b)(1) locate requirement in connection with its short selling activities by improperly claiming the market-maker exception because it had not engaged in bona fide market-making activities in connection with the securities it shorted. The SEC also determined that TJM willfully violated the Reg SHO close-out requirement by entering into complex arrangements that created the appearance of compliance with the requirement, without actually complying with the requirement. The SEC further found that Benson willfully aided and abetted TJM's Reg SHO violations and that Burke failed to supervise Benson as required by Section 15(b)(4)(E) of the Exchange Act with a view to preventing Benson's aiding and abetting of TJM's Reg SHO violations. TJM agreed to pay $541,000 in disgorgement, deemed by the SEC to be satisfied by an order of the Chicago Board Options Exchange Inc.'s Business Conduct Committee ("CBOE's BCC") in its related action ordering TJM to pay disgorgement in the same amount. The SEC also acknowledged TJM, Benson and Burke's commitment to pay a $250,000 fine to the CBOE's BCC in its related proceeding. The SEC further ordered TJM and Benson to cease and desist from causing any further violations of the Reg SHO locate and close-out requirements, censured TJM, suspended Benson from the industry for three months and suspended Burke from supervising anyone in connection with a broker-dealer for nine months.
See a copy of the order against Hazan Capital and Steven Hazan
See a copy of the order against TJM, Benson and Burke
If you have any questions regarding the matters covered in this Regulatory Update, please contact any of our Investment Management Group lawyers listed below or your regular Davis Polk contact:
212 450 4550 | john.crowley@davispolk.com
Nora Jordan
212 450 4684 | nora.jordan@davispolk.com
Yukako Kawata
212 450 4896 | yukako.kawata@davispolk.com
Leor Landa
212 450 6160 | leor.landa@davispolk.com
Jeffrey N. Schwartz
212 450 4957 | jeffrey.schwartz@davispolk.com
Danforth Townley
212 450 4240 | danforth.townley@davispolk.com
Sophia Hudson
212 450 4762 | sophia.hudson@davispolk.com
To ensure compliance with requirements imposed by the IRS, we inform you that, unless explicitly provided otherwise, any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
1. Title 15 of Article 5 of the New York General Obligations Law was amended on January 27, 2009. The Amendments had an original effective date of March 1, 2009, which was later postponed to September 1, 2009.
Notice: This newsletter is a summary that we believe may be of interest to you for general information. It is not a full analysis of the matters presented and should not be relied upon as legal advice. If you would rather not receive these memoranda, please respond to this email and indicate that you would like to be removed from our distribution list. If you have any questions about the matters covered in this publication, the names and office locations of all of our partners appear on our website, www.davispolk.com.
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Mystikal's snare line records for Fox Sports' BCS bowl games commercial
From a Mystikal press release: During the Thanksgiving weekend, Mystikal's snare line went into the studio of Musikvergnuegen in Hollywood, Calif., to record the snare track for Fox Sports' Bowl Championship Series (BCS) commercial. This soundtrack will be played throughout the month of December leading up to the BCS championship game in January, 2007. The line recorded three variations of the soundtrack: "Main Version," "Latin Version" and "Sentimental Version."
The composer, Justin Burnett, was on-site to work with the members and made modifications to voicing of the soundtrack. Burnett was blown away at the professionalism of the members and how well they adapted to playing with headphones and being unable to hear each other. Executive producer, Pat Weaver, was so pleased with the talent of the ensemble, that he has contracted Mystikal to have the entire field ensemble record traditional drum corps cadences.
After the session, the members said that this was more fun than what they expected. The biggest adaptation was listening to the orchestra through the headphones and play in time with the other guys. Mystikal board member, Stephen Schell, was in attendance for this session. "This is what the corps needed, exposure in the community," he said. www.mystikal-corps.org
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Why the fourth man can’t be anybody but Shakespeare
Mark Griffiths May 22, 2015
In response to Mark Griffiths’s article demonstrating that Shakespeare appears on the title page of Gerard’s Herball, a number of commenters have put forward theories of their own. But does the evidence stack up for them? Mark Griffiths demonstrates how it can be no one but Shakespeare.
Reacting to my article in this week’s Country Life, commenters have pointed out something I’ve been well aware of for the past four decades: the title pages of Renaissance herbals depict great botanists from Classical Antiquity (such as Theophrastus and Dioscorides), ancient rulers who had an interest in medicinal plants (such as Solomon and Mithridates), and the patron deities of sciences and arts that drew heavily on plants – namely Aesculapius (medicine) and Apollo (poetry).
These commenters believe that the Fourth Man on the title page of Gerard’s Herball is Dioscorides. Supposed corroboration is provided by the title page of the second edition (1633), on which Dioscorides is not only shown in Roman dress on the right-hand side of the engraving, but clearly named.
I do, in fact, address this point in my article. In engraving the 1597 title page, William Rogers subverted the convention of depicting ancient greats and deities. Conscious that this was the norm, he decided to play with it, turning such stock figures into camouflaged but cryptically identified portraits of the four men responsible for the book’s creation.
A poet of the stage
When he came to engrave the Fourth Man, he absolutely did not have Dioscorides in mind. The Fourth Man wears laurels, a garland that told Renaissance readers that they should think of Apollo and/or the poets who, inspired by the god, filled their writings with plants. Given that the Rogers title page contains disguised portraits of actual persons, this tells us that we are looking at an Elizabethan poet in fancy dress.
Moreover, that dress is not properly Greek or Roman: it is what passed for Roman on the Elizabethan stage. The Fourth Man, Rogers is saying, is involved in theatre as well as poetry.
The other three men
On the 1597 engraving, Burghley is cast as Solomon to show his love of plants as well as to indicate his wisdom.
If you think that all sounds too clever for words, consider the unquestionable portrait of Lord Burghley on the other side of the page. Elizabeth’s chief counsellor is cast in the role of Solomon in tribute not only to his wisdom, but also because the king, like Burghley, was fascinated by plants – a point that Gerard makes in the book’s dedication and preface. That he is Burghley is brilliantly and incontrovertibly encoded in the plants associated with him on the page.
With similar ingenuity, Gerard is portrayed as a humble gardener and Rembert Dodoens as an ascetic scholar, both with their true identities indicated by signature plants. This is undoubtedly Rogers’s method with three of the men depicted on the title page; why would he have deviated from it when he came to engrave the fourth and given us instead a straightforward image of an ancient great?
How would Discorides be presented?
The Fourth Man is not a representation of Dioscorides, or a portrait of an Elizabethan cast as Dioscorides. If he were, he would not be wearing the laurel wreath that proclaims Apollo and poetry or faux Classical garb. He would be accurately dressed as a Roman military man (Dioscorides was an army surgeon and Rogers knew how real Romans dressed) and he would be shown with plants that were useful in medicine. Significantly, the species that accompany the Fourth Man were not medicinal in Gerard’s view.
Changes in the Herball’s second edition
The title page of the second edition of The Herball from 1633 (right) is very different to that of the first edition of 1597 (left). Its editor, Thomas Johnson, despised Gerard and replaced the frontispiece that so prominently displayed the four men who had collaborated on the work.
John Gerard had been dead for two decades when the second edition of The Herball was published. Its editor, Thomas Johnson, despised Gerard and did everything in his power to distance his 1633 edition from that of 1597/98. This included suppressing many of the poetic translations in which Gerard and Shakespeare had collaborated and replacing the original title page with a wholly new design.
The 1597 Rogers engraving was too frivolous for Johnson’s tastes and it reflected a collaboration in which he’d played no part. He knew that the four men it portrayed had been alive and active not long ago. Now, they were yesterday’s men, and they had to go. In commissioning the new title page, Johnson reverted to the convention that Rogers had subverted. It does indeed show Dioscorides, in correct Roman dress and wearing no laurel wreath. In identity, iconography, portrayal and purpose, this image of Dioscorides has no connection whatsoever to the Fourth Man.
Who else is it proposed to be?
Accepting my discovery that the figures on the 1597 are disguised portraits, some commenters have proposed alternative identifications for the Fourth Man.
Sir Walter Raleigh has been proposed – but the Fourth Man looks about 10 years too young to be Raleigh (born in about 1554), and he’s not grave and dignified enough to be a likely portrait of Raleigh, who had a fierce sense of his own standing in middle life. The Fourth Man’s cipher cannot be decoded to say ‘Raleigh’ and the status-conscious Sir Walter is unlikely to have countenanced the class-crossing implicit in this playfully modified yeoman’s or merchant’s mark.
There’s no connection between Raleigh and Fritillaria meleagris. I can see no reason why Raleigh would carry sweet corn—yes, it was an American native, but it was well-established in Europe, old hat, by 1597 and not one of Raleigh’s New World introductions. As a crop, Gerard didn’t esteem it. The other plants associated with the Fourth Man have no obvious connection to Raleigh.
There were, however, some exciting New World species that Gerard had received as a result of Raleigh’s American adventures; had Gerard wanted Sir Walter to appear on the title page of his book, he would have had him portrayed with one or more of these.
Although Raleigh and Gerard were friends, and the former’s Virginian project (in which Gerard was a shareholder) is mentioned in The Herball, Raleigh made no contribution to the book’s creation that would warrant his appearing on the title page. Yes, he was a poet, but he’d done nothing literary to deserve Apollo’s laurels in respect of The Herball.
The idea that the Fourth Man is Sir Francis Drake can be dismissed on similar, but even stronger grounds. Believe me, I considered, interrogated and rejected all such possibilities, all Gerard’s known associates, before arriving at Shakespeare.
The Earl of Oxford
The most dismaying and predictable of the alternative Fourth Man candidates proposed this week is Edward de Vere, 17th Earl of Oxford, believed by some (Oxfordians, as they’re known) to be the true author of Shakespeare’s works. The Cecils, they point out, left a vast amount of documentation, but nowhere does it include direct evidence of Burghley’s hiring the man from Stratford, someone far too lowly in any case to be offered such employment.
This is silly, and snobbish. Burghley recruited brilliant young outsiders to undertake tasks for him, leaving no direct bureaucratic evidence of the recruitment and commission—none survives, for example, of his hiring John Gerard, provincial, degree-less and controversial, but a long-standing and important member of his household.
The Cecils did not keep every bit of paper that crossed their desks. Indeed, the closer one was to Burghley and the more sensitive the nature of the relationship, the less likely it was that a paper trail would be created, let alone left.
In fairness to Oxfordians, they’ve adopted the Fourth Man very deftly. They accept that his cipher consists of a hybrid rebus that says ‘shake spear’ plus E, OR and W. But they’re reading it as ‘Shakespeare – E (= Edward de Vere) or W (= William Shakespeare, Oxford’s purported patsy or pen name)’.
Is Fritillaria meleagris associated with Oxford?
They find further evidence in the flower of Fritillaria meleagris that he holds. This species, they say, is famously identified with Oxford. I’ve even seen them cite an article I wrote for Country Life years ago, to the effect that the myriad wild-seeming fritillaries at my alma mater Magdalen College are one of the last great and ancient stands of what was once a far more widespread species.
But I was wrong back then. My investigations since have convinced me that Gerard was right when he wrote that Fritillaria meleagris was not a native species, but an exotic. In the 1590s, it had not long been introduced to English gardens (his, primarily) from France, where it was first discovered and described in 1571. Before that year, no European botanist had reported it, and it appears nowhere in Britain’s older monastic and vernacular traditions—a revealing absence given its striking looks.
Imported from the Continent and planted in bulk, it became a popular ornamental in the 17th century. England’s wild-seeming populations of this species all appear to have arisen from garden escapes. This can happen spontaneously and swiftly: in the garden here, our small patch of lightly managed damp meadow is covered with fritillaries spawned by a single pot of bulbs planted just five years ago.
The earliest catalogues of the Oxford Botanic Garden indicate that it was planted there in the 17th century, very much as something new and special. These early cultivated specimens almost certainly gave rise to the population in the nearby meadow at Magdalen, no record of which can be found prior to 1785.
In short, in the 1590s, there was no connection between Fritillaria meleagris and Oxford the city, university, or Earl.
Oxford and Gerard
Nor was there any real connection between the Earl of Oxford and John Gerard. Gerard maintained contact with several of Burghley’s former wards—the Earls of Essex and Southampton, Lord Zouch—but not with Oxford, who had left the Cecil household by 1577 when he joined it. Over a decade of full-time Gerard research, I’ve found nothing substantial to link them, and every reason to believe that he gave Oxford a wide berth.
The Earl loathed and opposed his father-in-law Burghley, going so far as to commission John Lyly to write plays for performance at Court that were thinly veiled attacks on the Lord Treasurer’s policies. The loathing was mutual and, after the death of his beloved daughter Anne Oxford in 1588, Burghley would have nothing more to do with the Earl.
Devoted to his master, Gerard, too, would have viewed Oxford as persona non grata.
Proof that Oxford didn’t write Shakespeare’s works
It is impossible that the Fourth Man standing gloriously opposite Burghley on the 1597 title page of The Herball is his hated and estranged son-in-law, the Earl of Oxford. In any case, this realistically portrayed figure doesn’t resemble the known portraits of Oxford, and he certainly doesn’t look like a hard-living 47-year-old, which the Earl was in 1597.
As I will begin to show in an article in next week’s Country Life, Shakespeare’s early works demonstrably serve Burghley’s interests. They were written in part to counter material commissioned by Oxford. Far from proving the theory that the Earl wrote Shakespeare’s canon, my discoveries kill it once and for all.
The true face of Shakespeare: further evidence of its authenticity
Although a Harvard academic claims a 1749 book has proof that Shakespeare’s rebus in The Herball is a printer’s mark,
How Country life revealed the true face of Shakespeare [VIDEO]
Country Life magazine reveals an astonishing new image of William Shakespeare, the first and only known demonstrably authentic portrait of
Shakespeare: Apollo reborn
Could the Fourth Man be Dioscorides or Apollo and not Shakespeare? Edward Wilson, Emeritus Fellow of Worcester College, Oxford, thinks
The true face of Shakespeare: Dioscorides and the Fourth Man
Mark Griffiths explains in depth why the Fourth Man is not Dioscorides.
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Come on in, the water’s lovely: Why we all love a lido
Emma Hughes June 10, 2017
Britain’s historic outdoor swimming pools, long neglected, are back in business.
The London Zoo penguins didn’t know they were born. For 70 years, they splashed around in one of the most extraordinary open-air swimming environments ever created. The Lubetkin Penguin Pool, which opened in 1934, was an ocean-liner run gloriously aground in Regent’s Park. Its flippered residents sun-bathed on swoops of reinforced concrete leading into the water and posed grandly by the columns like Romans in the Senate. It was a Modernist symphony in blue and white—and a lido in all but name.
An ocean-liner run gloriously aground: the Lubetkin Penguin Pool at London Zoo
All over the country, people were doing much the same. The gleaming municipal pools that are synonymous with 1930s elegance brought the holiday mood to Britain. Workers had finally won the right to paid leave and they wanted somewhere to spend it. Lidos were for larking about in and falling in love around as well as swimming and you left your cares behind as you passed through the turnstiles. They were places to be seen; you dressed up to get undressed. The London Zoo pool’s designer, Georgian-born émigré Berthold Lubetkin, was channelling all of this—and the penguins seemed to hold their beaks a little higher as they strutted around their new home.
Everyone knows what happened next. Package holidays, patchy weather and a pursuit of novelty in all things combined to put lidos in the shade. Leisure centres took over and, of the 169 lidos built during the 1930s, only 31 were still open to swimmers in 2016. However, the tide is turning.
More than a dozen lidos have been restored or reopened in the past few years, from Penzance’s tidal Jubilee Bathing Pool (which turned the town into the Saint-Tropez of the South-West when it opened in 1935) to Gourock Outdoor Pool in Renfrewshire, overlooking the Clyde Estuary. Tooting Bec Lido, which dodged the axe in the 1990s, is now a training ground for swimmers attempting a Channel crossing: after fewer than 20 lengths you’ve done a mile. However, what’s made us fall back in love with them?
‘For me, the magic lies in the combination of the lido’s obvious physical charms—the peace, the views, the clear water, the year-round swimming—and the sense of community,’ explains Alexandra Heminsley, author of Leap In (£12.99, Hutchinson), a memoir of becoming an open-air swimmer. ‘In the UK, most of the lidos still in action are there because of the people who swim in them: they care about them and they care about each other. What they don’t care about is what you wear, how fast you are or whether you look “right”.’
Her favourite is Pells Pool in Lewes, East Sussex, a 150ft spring-fed oasis overlooked by Corsican pines. Not strictly a lido (it was built in 1860), spiritually, it’s still very much under the municipal-baths umbrella. ‘After a winter of harsh salty seawater or chlorinated captivity, the water of spring- time at the Pells tastes like actual heaven. It’s as far from the mood of swimming in the sea as it’s possible to be, but every bit as joyous.’
Carry on swimming: after suffering at the hands of cheap package holidays, outdoor pools such as Bude in Cornwall
Pells is one of the lucky ones: it’s never closed. The waters have been considerably choppier for nearby Saltdean Lido, Britain’s only Grade II*-listed coastal lido. In its heyday, it looked like a film set, complete with a man-made beach (featuring ‘real seashore sand’), speakers that played big-band tunes to bathers and a Hollywood-style soda fountain. After decades of slow decline, it closed in 1994 and the site’s then owner announced it was going to be turned into flats in 2010. However, he didn’t bargain on the Save Saltdean Lido Campaign, whose members fought first to save it from conversion, then for funding—and, on May 27, the pool welcomed its first swimmers in 20 years.
One of them was Rebecca Crook, who’s been involved from the start. ‘When the water was turned on, it was incredibly exciting,’ she tells me. ‘We’re probably getting about 30 emails a day about it, from people who learned to swim there and now want to bring their own children and grandchildren. We had somebody the other week getting in touch from Australia. She’d met her husband there when he was a lifeguard in the 1960s. It’s an iconic building and our vision was to get it back to how it was in the 1930s, but lidos aren’t museums: they’re heritage you can really interact with.’
The new, improved Saltdean’s waters are now heated for the first time and swimmers are able to make the most of its sun terraces and rotunda windows via a pop-up cafe. All of this, of course, comes at a cost—as do planning applications and legal challenges. ‘The reality of these projects is that you need hard cash,’ laments Miss Crook.
The Jubilee Lido in Penzance, Cornwall
For the lidos whose future hangs in the balance (Peckham’s in south London and West Yorkshire’s Otley Lido, to name just two), Saltdean is an inspiration. Another is Cleveland Pools. Standing on Bath’s smallest crescent, the country’s only surviving Georgian pool is on course to welcome its first bathers since 1984 next year, having spent the past 30 years as a trout farm serving cream teas.
‘I’ve always been enthralled by the romanticism of it,’ enthuses Sally Helvey, an independent tour guide and Cleveland campaigner. Like many lido-lovers, she traces her devotion back to childhood. ‘My grandmother lived in Bathwick and, in the 1960s, we’d walk down the hill onto the canal to get to the pool. You could hear the squeals of delight from the children who were already there and that sense of anticipation was absolutely wonderful. I can clearly remember the feeling of getting into the cold water on a hot day and coming out with goosebumps, then the sun on my skin and the starched towels. It just felt so much healthier and more exciting than swimming indoors.’
Thanks to its history (peopled with colourful sorts; its Victorian proprietor, Capt Evans, kept bathers in line with a pet baboon) and potential for community use, Cleveland secured backing for redevelopment from the Heritage Lottery Fund in 2014. The waters in the new incarnation will be heated for the first time in 200 years and the focus will be on year-round use. ‘If you’re training for a triathlon, it’ll be great,’ advocates Mrs Helvey. ‘And, even if people don’t want to swim, they can do water-polo practice or pilot radio-controlled boats around.’
The Tinside Lido in Plymouth, Devon
And the London Zoo penguins? They were moved in 2011 to a new site called Penguin Beach, which is unlikely to trouble RIBA. Lubetkin’s Grade I-listed pool is still in situ, complete with its original Hockney-blue-tiled floor, so, with the lido renaissance in full swing, perhaps it’s time for a refill?
Open-air pools to dive into this summer
Tinside Lido, Plymouth
A dip here feels like swimming in a gigantic fountain. Right at the tip of Plymouth Hoe, Tinside’s once-derelict semi-circular lido was brought back to life in 2015. Open from late May until mid September (01752 261915)
Chagford Pool, Dartmoor
Solar-heated, minimally chlorinated and fed by the River Teign, Chagford really sparkles. After your swim, pick up a lemonade from the tea shed and dry off on the grass. Open from late May until mid September (www.chagfordpool.co.uk; 01647 432929)
Bude Sea Pool, Cornwall
The closest you can get to swimming in the sea without actually being in it. Bude’s magnificent tidal pool is carved out of the rocks on Summerleaze Beach and topped up by the Atlantic. It’s open and free to use 24 hours a day, all year round, although bathers are strongly encouraged to get their laps in at low tide (www.budeseapool.org)
Hurlingham Polo International, Royal County of Berkshire Polo Club, Windsor, Berkshire Credit: Sam Churchill
Things to do: Edinburgh Food Festival, ballet under the stars and the Hurlingham International Polo Day
Country Life rounds up the best things to see, do and book this week.
The best restaurants in London
Rosie Paterson finds the 71 best restaurants in town and gives advice for everything from work lunches to godchild treats.
Credit: Platform Property
A converted Victorian bathhouse that brings all the fun of the fair to a wonderfully bonkers seaside home
Credit: Alamy
125 years of Barbour jackets — and how they’ve won over everyone from The Queen to Alexa Chung
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Pennsylvania woman bitten by venomous copperhead snake while doing laundry
A Pennsylvania woman was taken to the hospital after she was bitten by a venomous copperhead snake when she went to her basement to do laundry.
Pennsylvania woman bitten by venomous copperhead snake while doing laundry A Pennsylvania woman was taken to the hospital after she was bitten by a venomous copperhead snake when she went to her basement to do laundry. Check out this story on courier-journal.com: https://www.usatoday.com/story/news/nation/2019/06/19/pennsylvania-woman-bitten-copperhead-snake-while-doing-laundry/1505408001/
Jordan Culver, USA TODAY Published 8:29 p.m. ET June 19, 2019 | Updated 1:19 p.m. ET June 20, 2019
EMS and the Central Berks Regional Police Department responded to the incident, and Judy Reed was transported to Reading Hospital in good condition on Tuesday, police told USA TODAY.
The snake that bit her was on a shelf in the basement, police said.
Giant snakes in the Florida Everglades: How scientists are using Burmese pythons as spies
A copperhead bit a Pennsylvania woman in her home. (Photo: GlobalP, Getty Images/iStockphoto)
The Reading Eagle in Pennsylvania reported the Pennsylvania Fish and Boat Commission arrived on scene, identified the snake as a copperhead and then bagged it and transported it "to a safer location."
A "Species Spotlight" released by the Pennsylvania Fish and Boat Commission in a 2015 edition of its Pennsylvania Angler and Boater magazine featured the copperhead. In it, the copperhead is described as a "quiet" snake, which "does it's best to avoid trouble, quietly stealing to a safe retreat whenever it can."
Surprise! Stowaway snake slithers out of man's backpack on trip to Hawaii
"The bite and resultant injection of venom is painful," the commission said in the publication. "But with prompt medical attention, it seldom poses any serious threat to life."
Copperhead bites account for more cases of venomous snake bite than any other North American species. But its venom is the least toxic and seldom fatal.
Copperheads, timber rattlesnakes and eastern massasauga rattlesnakes are the three species of venomous snakes in Pennsylvania, according to the Fish and Boat Commission. Copperheads are the most common.
The woman's home is located in a mountainous region of eastern Pennsylvania and a person getting bitten by a copperhead inside their own home is an incredibly rare occurrence, police said.
The day in pictures
Cyclists ride across a flooded and damaged highway road at the Kamrup district of Assam, India, July 19, 2019. According to media reports, 5.7 million people have been displaced, at east 90 have died and more than 150,000 people are now living in camps. EPA-EFE
Phil Zak, executive design director Global Chevrolet, gives a presentation on the 2020 Chevrolet Corvette at an unveiling event held in an aircraft hanger in Tustin, Calif. July 18, 2019. Robert Hanashiro, USA TODAY
A Russian Orthodox priest blesses the Soyuz MS-13 spacecraft at the launch pad of the Russian-leased Baikonur cosmodrome on July 19, 2019. Members of the International Space Station (ISS) expedition 60/61, NASA astronaut Andrew Morgan, Russian cosmonaut Alexander Skvortsov and Italian astronaut Luca Parmitano of ESA (European Space Agency), are preparing for the launch aboard the Soyuz MS-13 spacecraft on July 20, 2019. Kirill Kudryavtsev, AFP/Getty Images
Girls parade with a portrait of General Aung San during the Martyrs' Day ceremony in Yangon on July 19, 2019. Myanmar observes the 72nd anniversary of Martyrs' Day on July 19, marking the assassination of independence heroes including Aung San Suu Kyi's father, who helped end British colonial rule. Sai Aung Main, AFP/Getty Images
This is a flooded street in Dazhou City, in China's southwest Sichuan Province, July 18, 2019. -, AFP/Getty Images
An exhibitor explains the working of a weapon to visitors at the International Police Expo 2019, in New Delhi on July 19, 2019. Money Sharma, AFP/Getty Images
People walk in floodwaters as they transport belongings on a makeshift raft following heavy monsoon rains at a flood affected area of Gaibandha District, in Northern Bangladesh, on July 19, 2019. Rehman Asad, AFP/Getty Images
A security guard looks at his mobile phone while perched on a car barrier near a Yin Yang symbol in Beijing on Friday, July 19, 2019. The Yin Yang symbol while rooted in ancient Chinese philosophy and cosmology is also commonly used to represent harmony, an idea China's authorities are keen to encourage in it populace. Ng Han Guan, AP
These are devastated houses in Tulun, the Irkutsk Region, Russia, July 19, 2019 after a cyclone struck the region on June 25 sweeping away dams and roads, causing floods that inundated over 3,700 homes affecting more than 9,000 people. Alexei Nikolsky, AP
Women carry an umbrella as they walk along a street festival in Gwangju, South Korea, July 19, 2019. Thousands of athletes from around the world have converged on Gwangju as it hosts the World Swimming Championships through July 28. Mark Schiefelbein, AP
Swedish climate activist Greta Thunberg speaks in a 'Fridays for Future' demonstration against climate change in Berlin, Germany, July 19, 2019. Felipe Trueba, EPA-EFE
Iranians attend Friday prayers at the Imam Khomeini Mosque in Tehran, July 19, 2019. Abedin Taherkenareh, EPA-EFE
A cosplayer dressed as Deadpool attends the 2019 Comic-Con International on July 18, 2019 in San Diego, Calif. Matt Winkelmeyer, Getty Images
Read or Share this story: https://www.usatoday.com/story/news/nation/2019/06/19/pennsylvania-woman-bitten-copperhead-snake-while-doing-laundry/1505408001/
Deaf advocates want keyless car changes after woman's death
Teenage boy killed in shooting inside Kentucky Street home
Bevin: Trump isn't a racist, but Beshear is a 'coward' for not calling Trump a racist
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2.3 How does fair use apply?
Protecting Business Innovations via Copyright
Protecting Business Innovations Via Copyright Watch Course Overview: https://youtu.be/mUja4iwbrTE Intellectual property rights (IPR) has a great impact on innovation development and society. In Science, Engineering, and Business, we seek to create wealth through innovation in products, designs, manufacturing processes, and business systems or models. However, innovation leaders often FAIL to benefit from their discoveries and inventions when they are unable to adequately protect those innovations. This course provides learners with an understanding of Copyright law and how it can be used to protect business innovation. The course focus is on protecting innovations with copyright as one of several tools that can be used by companies and individuals to protect creative innovations. In additional to learning about how copyright works in theory, we will also discuss situations in which copyright might not be effective in protecting innovations, and will focus on the legal issues involved from a practical business perspective rather than from a purely legal viewpoint. This course is one part of a four course series focusing on protection of business innovations using copyright, patent, trademark and strategy, and these four courses may be taken in any order that is most beneficial to students interested in learning about protecting innovation.
The course is really well presented. The discussion videos are awesome!
I wish if the written notes or powerpoint were available.
Copyright Limitations
Fair use is the largest area of exceptions of copyright. It is not a right, it is a defense. This week will cover the rules of fair use, how companies apply it, fair use limitations and will introduce more copyright limitations you should be aware of.
2.2 What is fair use?9:18
2.3 How does fair use apply?9:32
2.4 Why might it be unfair?9:49
Theodore Henry King CLARK
Select a languageChinese (Simplified)English
In this session, we're going to look at how does fair use apply.
How do we use it?
And we're going to give you some examples of that, but let's first start with this
idea that we mentioned in our last session that fair use is a balancing test.
There's no single rule that you can point to and say, is this fair use?
It's complicated because there are tradeoffs.
There are four factors that we look at
as part of fair use, so let me talk about each of these.
First, purpose of use.
Why are you using this work?
And that includes things like, are you going to make money doing this?
It also includes things like, are you doing it for education?
Are you doing it for criticism?
Are you doing it for parody?
Are you doing it for charity?
Why are you doing it?
And commercial works are not as easy to defend under fair use.
Doesn't mean you'll lose,
it just means it's harder to defend if you're doing something for profit.
But there may be conflicts even within purpose of use.
You're doing it for profit, you're trying to make money, you're clearly
copying other people's works, or basing your work on them, but it's also a parody.
So the purpose of the work is parody and making money.
That's a conflict.
Parody is well protected, making money not well protected,
but parody overrules the making money argument.
And so purpose of use is a complicated area of itself, but
it's one of the factors that a judge will look at under a fair use defense.
And keep in mind, you're always before a judge when you're using a fair
use defense, because a fair use defense means you're in court.
You don't have a fair use defense unless you're in court or
arguing this is what we would have argued if we had gone to court.
Maybe it will help you in a settlement before a court,
but this is your defense that you're saying we would use before a judge.
Second is, nature of the work.
Well, some works are better protected than others.
We know, for example, that facts and data are not protected by copyright.
Ideas are not protected by copyright, only creative expression is protected.
And so if the work is mostly facts and
data with some art around it or
context like a physics textbook, then it's not very well protected.
But if it's a fanciful story about mythical creatures or science fiction,
if it's Star Wars, or Harry Potter, that's very well protected.
That's the best protected under copyright law.
Physics textbook, not too well protected.
Harry Potter, very well protected, because copyright law loves art, not facts.
Third is, the proportion taken.
This, too, is complicated, because you would normally say, well,
the proportion taken, let's see the book is 300 pages,
I copied 2 pages, that's 2 out of 300.
Most of the time, that's how we think of proportion taken,
but sometimes, we say what you took is the heart of the work.
What you took is, let's say you take a small portion
of the Mona Lisa picture, and it's the background, not well protected.
But you copy the smile and you may say, well, that's the heart of the work.
That's what people are looking at here, not the background,
not the furniture, not the scenery.
Now to use a more modern example, a more relevant example.
We'll talk about a soccer game, and how the heart of the work was the key
issue there, as well as entertainment versus First Amendment rights.
But the idea being, the proportion taken, may be the heart of the work is taken and
that is a small percentage of the linear time or the pages, but
it's a critical element of the creative work.
Finally, the economic impact of the taking.
How much money did it cost, that this person copied you?
You're really looking on the impact on the person whose copyright was violated.
Because fair use is a defense, so one of your defenses is, what I did didn't
really cost them any money, didn't cost them any sales and so it's no big deal.
What's their complaint?
They didn't lose any money.
And so if the economic impact is low, that's a good support for
your fair use defense.
There's some other factors that are occasionally relevant,
particularly in the US.
One of those is motive and intent.
Internationally, this is less well protected or less well regarded,
but judges will often ask about motive and intent.
Part of the reason they ask is to think about how big should the fine be.
How much should we punish an offender for violating your copyrights?
If their intent seems pure or their motive is incidental or
accidental, you may even say, eh, I think fair use should apply.
Strictly speaking, it's not one of the four balancing tests, but
sometimes it does apply and sometimes it matters to a judge.
Finally, in the United States only, there's
something called the First Amendment, which means the right of free speech.
It's granted by the Constitution to the people of the American colonies,
the American states and, therefore, it trumps anything else.
If you have the First Amendment applying,
you have a good defense against a copyright violation charge.
That's usually like news reporting or something of that nature.
Now I mentioned a soccer video.
Soccer is a popular game, particularly in Europe.
A game was played between two major countries and
in the last few seconds of the game there was an incredible kick.
In this kick, where a guy kicks the ball over his head, and
it goes a long ways and gets into the goal during the last few minutes of the game.
It breaks a tie in the game, and the team making
where this incredible kick was made by one of their players, wins the game.
This was an amazing thing to see.
It was broadcast on a cable channel, limited viewing, and
a news company, a news report picked up this
broadcast feed and decided to use it in their nightly news.
They put it in the nightly news and, as a result, they got sued because the company,
who had limited distribution pay-per-view for the soccer game, said that's not fair.
You can't take our work and put it on your entertainment show and get away with it.
Now the company that did the news reporting says hey, it's fair use,
we only took a small portion, but it was the heart of the work.
So the fair use defense comes up and says, is it entertainment or is it news?
And that's purpose of use.
The court said it is news, we agree with that, but
First Amendment does not give you the excuse to support what you did.
Because basically, you showed the clip because it entertained people.
You could have reported the news in text or in voice and
said there was an amazing kick, the game was won.
These are the facts, you don't need the video.
The video is there to make people say,
wow, that's why we have the video, it's entertainment.
Second the nature of the work, is it a fact?
A goal was scored, that's a fact, or is it drama?
Look at this kick, it's drama, so they're losing on nature of the work.
It's fiction or it's a drama, it's a dramatization.
Portion taken they said, we only took a couple of seconds out of a hour plus game.
But it's the heart of the work, it's the reason you'd buy a video.
Finally, what's the economic impact?
They debated on this and they argued, did it hurt video sales?
Maybe, it's just a news report, but maybe it's the whole reason you'd buy the video.
In the end, the TV station lost their fair use defense.
The First Amendment right didn't help them because they said you have the right to
report the news, you don't have the right to entertain.
We'll talk more about fair use in our next session.
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CPE’s 2018 Retail Property Executive of the Year
CPE's Retail Property Executive of the Year is awarded in two categories—first place and honorable mention—winners were chosen by a confidential vote of their peers among our volunteer advisory board of industry leaders.
Therese Fitzgerald
Sibley Fleming
FIRST PLACE:
Jodie McLean
CEO, EDENS
Anchored to Success: McLean has been responsible for the development, redevelopment and acquisition of more than $12 billion in retail assets. As chief investment officer, she managed the company’s growth from approximately $275 million to $6.5 billion and secured new footholds in Boston and Washington, D.C. McLean was appointed president in 2002, responsible for developing and executing the company’s growth strategy and organizational goals, with a primary focus on the expansion of assets and operations in major East Coast urban markets and Texas. She became CEO in 2015.
EDENS by the Numbers: The owner of more than 120 shopping destinations in the U.S., EDENS employs 265 people in six regional headquarters and three satellite offices. Total property revenue for 2017 was $352.3 million, with $5 billion in average buying power. The portfolio includes approximately $6.5 billion in assets under management throughout the U.S., including Colorado, Connecticut, Florida, Georgia, Massachusetts, Maryland, North Carolina, New Jersey, New York, Rhode Island, South Carolina, Texas, Virginia and Washington, D.C.
Women in Leadership: McLean initiated and developed the James Beard Foundation’s Women’s Entrepreneurial Leadership Program in conjunction with the James Beard Foundation and Babson College. The annual fellowship funds a class of 20 women attending a five-day entrepreneurship and leadership training program at Babson. The program is targeted at women owners of restaurant and culinary businesses looking to expand and grow. The curriculum addresses advanced business and finance concerns related to entrepreneurship and expansion and provides gender-specific training and leadership development. To date, EDENS’ Sunday Supper at Union Market has provided funds of more than $350,000 to launch and grow the WEL program.
Productive Partnerships: EDENS partners with more than 3,500 retailers throughout over 125 properties. Together, EDENS and its retail partners aim to bring people together to produce economic, social and cultural prosperity, which leads to community enrichment.
Green Retail: EDENS has 32 LEED accredited employees, three LEED-certified buildings and one LEED-ND Silver-certified project (Mosaic in Fairfax, Va.). It has retrofitted more than 1,500 fixtures throughout its portfolio with energy-efficient devices, LED fixtures and smart wireless controls to save nearly 6 million kilowatt-hours of electricity over five years, equipped 99 centers with propane-powered mowers, transitioned to organic or natural lawn-care products at 85 centers and purchased renewable energy credits equivalent to 100 percent of all common-area power consumption across its portfolio. — Sibley Fleming
Chairman & CEO, Simon Property Group
Real Estate DNA: Simon followed in the footsteps of his late father, Melvin, who founded the Indianapolis-based company in 1960 with his brother Herb to develop grocery-anchored and open-air shopping centers. (The company also built the first enclosed mall.) Prior to joining his father’s firm as CFO in 1990, Simon was a vice president at Wasserstein Perella & Co. from 1988 to 1990 and an associate with First Boston Corp. from 1985 to 1988. In 1993, he led the company’s IPO of $840 million, then the largest stock offering in the country. Simon, who became CEO in 1991, also serves as chairman of the supervisory board of Klépierre, a publicly traded, Paris-based retail real estate company.
Simon by the Numbers: A global leader in premier shopping, dining and entertainment destinations, Simon Property Group (NYSE: SPG) is the largest REIT in the world, with a market capitalization of $58 billion. It owns or has interests in more than 200 retail real estate properties—under the Simon, Premium Outlets and Mills names—comprising 192 million square feet in North America, Europe and Asia. Tenants in its U.S. portfolio generate annual retail sales of more than $63 billion.
Rearview Mirror: “We’re putting Sears in our rearview mirror,” Simon said during the company’s third quarter earnings call. “We’re going to generate positive momentum with the properties due to this. We’re going to reinvest in the communities.” Simon has closed or plans to close this year 33 Sears locations in its portfolio and plans to spend $1 billion to demolish, replace and redevelop 17 properties the company solely controls.
Development: During the third quarter, Simon opened its 330,000-square-foot, LEED-certified Denver Premium Outlets Thornton in Thornton, Colo., and completed a 68,000-square-foot expansion of its 40 percent-owned Shisui Premium Outlets near Tokyo.
Phipps Plaza: Construction recently began on a transformative redevelopment at Phipps Plaza in Atlanta. The redevelopment will feature the Nobu Hotel and Restaurant Atlanta, a 90,000-square-foot Life Time healthy living and entertainment destination, a curated dining experience and a 13-story, 350,000-square-foot Class A office building: One Phipps Plaza.
Sustainability: Simon properties have achieved a 34 percent reduction in electricity usage since 2003, and the company offers customers more than 520 electric vehicle charging stations at 108 of its properties across the U.S. In the community, The Simon Youth Foundation has 35 academies in 15 states and has awarded nearly $17 million in scholarships to more than 4,500 students. According to the company, 100 percent of Simon malls engage in community activities. — Sibley Fleming
Sandeep Mathrani
CEO, Retail of Brookfield Properties & Vice Chairman, Brookfield Properties
Mall Enthusiast: Mathrani became part of the Brookfield brand in 2018 when Brookfield bought out GGP Inc. He was GGP’s CEO for nearly eight years and was part of the group that recapitalized the company in November 2010. Prior to joining GGP in 2010, he was president of retail for Vornado Realty Trust. Before that, he spent nearly a decade as executive vice president at Forest City Ratner, where he was responsible for retail development and leasing in the New York City metropolitan area.
Adapting & Thriving: In August 2018, Brookfield Property Partners completed the purchase of GGP (and 38 U.S. retail properties) to create Brookfield Property REIT Inc. Among other accomplishments for 2018: the opening of the 242,000-square-foot expansion of the Staten Island Mall; the redevelopment of the former Macy’s box at the Stonestown Galleria in San Francisco; and the opening of Life Time Fitness at Quail Springs in Oklahoma City, the Bravern in Bellevue, Wash., and Baybrook Mall in Friendswood, Texas. Meanwhile, Ala Moana Center in Hawaii surpassed $1 billion in sales of residences and opened the state’s first Uniqlo. In addition, many retail spaces were transformed into shared office space. Digitally natrive brands including Wayfair, Untuckit, Peloton, Fabletics, Casper, Warby Parker, M.Gemi, Cotopaxi, Indochino and Outdoor Voices have been active lessors. — Therese Fitzgerald
CPE Executive of the Year
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How To Keep Your Beating Heart
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There's No Place Like Hope
This Mississippi institution puts higher-risk borrowers, into larger-dollar loans, across a bigger footprint than many other financial institutions. It shouldn’t work, but it does, and here are the four reasons why.
By Aaron Pugh
With an annual loan growth of 4.2%, membership growth of 3.5%, and a 9% growth in its average member relationship as of 4Q13, Hope Credit Union's ($186.7M, Jackson, MS) recent success may seem a little like alchemy. This is especially true when you consider that this institution aggressively seeks out and serves low-income and unbanked members not just in its local community, but all across the southern Delta region.
Hope is a profitable, stable institution, so how does it get gold from the tasks that others just aren't willing to take on? It all comes down to letting your values truly inform decisions both on and off the balance sheet … and a little bit of faith never hurts either.
Reason #1 — Hope Stays Nimble
"From a dollar perspective, we've grown our balance sheet by a thousand times over the last 14 years," says Richard Campbell, Hope's CFO. But as Campbell — who also serves as the credit union's head of IT and HR — can readily attest, Hope has grown monumentally in its operational scope as well.
The entire Hope organization, which also includes the CDFI Hope Enterprise Corporation, currently employs roughly 145 individuals, but only about 100 work exclusively for the credit union. The rest split their time between the two organizations according to need.
The institution's rather impressive footprint includes 16 branches (with two more planned) spread across four states. However, because it serves nearly 30,000 members, many of whom live far away from the brick and mortar hubs the credit union has been able to establish, coverage gaps can be an issue.
"The members we want to serve are harder to reach and more expensive to reach than your average consumer," Campbell says. As of 4Q13, the credit union's operating expense per member is about $12 higher than average for its peer group. Yet through some ingenious decisions, the credit union has been able to keep its efficiency ratio just below average for institutions of its size (the vast majority of which serve a more geographically unified market footprint).
A shared branching relationship that includes retail options like Wal-Mart and area drugstores has been a valuable tool in addressing this issue, but moving forward, Hope is also placing an increased emphasis on technology.
The credit union already offers online mortgage applications and is in the process of adding consumer loan application options as well. However, Hope is also well aware that Mississippi and Arkansas have the highest number of wireless-only households in the country, as lower-income individuals are increasingly abandoning having both a phone and home Internet connection in favor of one device that serves both needs.
To better address these member preferences, Hope released a new mobile app in 2012, complete with billpay and remote deposit capture. The coming months will also see significant mobile enhancements such as Person-to-Person (P2P) payments and a personal financial management tool that uses color-coding and other visualizations to help teach budgeting best practices.
According to Hope's Vice President of Marketing and Communications Scot Slay, the number of mobile users more than tripled in the past 12 months as a result of this new offering. Still, other challenges remain, particularly in regards to the institution's focus on loan production.
Source: Callahan & Associates' Peer-to-Peer Analytics
"It can be very tough to do loan apps on mobile but we're challenging our developers to do just that," Campbell says. "They keep falling back on the use of tablets, but that's not where our members are right now, so it's a bit of a standoff."
Along the same vein, technology is changing many other aspects of Hope's operation, all the way up to how its leaders are selected and stay connected.
"Diversity has always been a strength of our board, which is black, white, male, female, old, young, and of many different backgrounds," says Robert Gibbs, Hope's Chairman of the Board. "But as we grew into other states, we also needed to make sure our board members were diverse as far as their location, so we could have those new markets fully represented."
Today, the board typically still meets in person in Jackson, but those who can't travel are easily able to use teleconferencing and online presentations to stay in the loop.
According to Alan Branson, Hope's COO, the credit union has also begun experimenting with a new cashless micro-branch model which ranges from between 10% to 20% of the upfront cost of a traditional location — and that's not even taking into account the ongoing operational cost savings.
"With a typical branch, we'd expect to attract around 500 members within the first year, but in more rural communities that's not always possible, so we needed a smaller model to deliver there," he says. "At the same time, these alternative branches also work very well in high-traffic areas."
One such branch is already in use at a business incubator at the University of Arkansas at Pine Bluff — which is staffed by students and uses technology such as a 24-hour ATM to emphasize interactions for relationship building and self service for transactions. Hope also plans to make use of a similar model for a planned in-store location at the newly reopened Circle Foods Store in New Orleans.
Efficiency improvements continue on the employee side as well, as the use of a SaaS server package on the back end and Microsoft's SharePoint portal on the front end increase efficiency by breaking down several departmental silos. Together, this setup essentially provides an effective workaround to connect the different SQL-based, stand-alone systems used outside of the core by the business lending and mortgage departments.
"Before, if I wanted to know how many commercial loans we had in the commitment stage or the progress of a certain loan, I'd have to go find someone in that department and we would have to add the numbers up," Campbell says.
Reason #2 — Hope is Not Afraid To Be Different
Consumer loans may be the staple of many credit union portfolios, but at Hope they are actually a much smaller portion of the portfolio. One key reason for this was the institution's strategic move away from indirect auto lending back in 2011.
"We'd gotten involved in indirect in the opposite way of most credit unions, as we were seeking to improve the quality of our paper," Campbell says. Most direct loans at Hope were C and D grade, and although the credit union was able to attract more A and B paper through indirect, these loans didn't perform markedly better than the lower paper grades and pricing for them ended up being so low that it really wasn't worth it.
Replacing that inflow with direct auto growth has been especially challenging, yet autos remain a continued focus due to the essential nature of this business for Hope members. Given the lack of public transportation in rural areas of the Deep South, no car essentially equals a recipe for unemployment.
"Obviously we can't compete with new car dealerships offering 0% but we do see opportunity in used autos moving forward," says Bill Bynum, CEO of Hope Credit Union and Hope Enterprise Corporation.
According to Slay, it is not uncommon for borrowers in the area to turn to predatory lenders for even large-scale purchases like autos, so being able to refinancing these loans with Hope has saved individuals $14,000 or more over the life of their loan.
"That's a significant number for a lot of people, but especially someone who's low income or on a fixed-income," he says.
Despite the challenges that auto presents, Hope has several bright spots on the consumer portfolio that are performing especially well.
These include short-term unsecured options such as a stretch pay loan, which runs at 18% or less compared to rates of approximately 500% that individuals may pay elsewhere for a payday loan, as well as the credit union's debt consolidation offering, which allows those caught in a debt cycle to finally break that chain for good, Slay says.
As of 4Q13, credit card balances are up 8.5% annually, and the cooperative credits much of this growth with a simple strategy.
Today, every consumer loan application that comes in the door is evaluated for a credit card at the time of underwriting, Branson says. "It's presented to the member during the same visit and if they want to take advantage of it immediately they can."
Reason #3 — Homes Are Where Hope's Heart Is
Mortgages make up an overwhelming portion of the credit union's current portfolio and while it may require some extra effort to make regulators comfortable with this concentration, this activity has been driven as much by community need as by organizational preference.
Hope Enterprise Corporation had previously been involved in the purchase of mortgages from other financial institutions, but it was the 2002 partnership with Hope Credit Union that truly solidified that activity. As of 4Q13, fixed firsts are up 8.4% annually at the credit union, with adjustable first up 7.8% over the same timeframe.
The need for affordable housing was something we saw an important part of building a community infrastructure, as it would also help us attract the companies and management needed to drive economic development.
"The need for affordable housing was something we saw as an important part of building a community infrastructure, as it would also help us attract the companies and management needed to drive economic development," Bynum says.
Home ownership also plays a vital role in breaking the cycle of poverty and building wealth among families in the region. For example, average mortgage applicants at Hope have a credit score of 657 — though the credit union also works with non-traditional credit histories to be able to lend to those without an established credit score — and an average income of around $40,000. A full 86% of the mortgages made here go to first-time home buyers.
Today, the mortgage department has around a dozen employees, including two underwriters, one of who specializes in FHA loans. This skillset is especially important because 41.4% of the mortgages closed last year were government backed, consisting of FHA, VA or rural housing loans, according to Shirley Bowen, senior vice president of mortgage lending. About 67% of mortgage loans were held in the portfolio last year, including some FHA loans.
The use of an unusually thorough manual underwriting approach, combined with a more holistic suite of products for non-traditional borrowers, has significantly helped put Hope on the radar of home buyers as well as area realtors and non-profits in the last few years.
"With all of our loans, if someone doesn't fit traditional underwriting criteria, we look to see if there are less significant items like a phone bill or a subscription that hasn't been paid and is causing issues," Bowen says. "We then push those minor items aside and instead look to see how they were paying their rent and their auto payment. If those did lapse, was it due to a temporary setback beyond their control, like medical bills?"
The credit union also uses the VA method of residual income — which looks at the money left over after paying monthly debts and obligations, and varies according to region — to help more individuals get a foot in the door in terms of establishing ability to repay.
The credit union even has an affordable housing product — which sometimes uses a grant to lower the LTV ratio and allows borrowers to go as high as 100% financing — that is held on its own books. But before these loans are granted, borrowers must go through a comprehensive educational process that includes credit counseling.
As technology continues to transform the credit union's operational performance, Bowen sees big potential out on the horizon for her department as well.
"We get a lot of our applications through our website, but my dream is that one day we'd be able to put a kiosk in every branch where the member could video chat with us during the loan application," she says. "For something as big as a mortgage, you really need the comfort of seeing a real person's face and be able to fully interact with them just as you would in person."
Reason #4 — Hope Means Business
Business loans are up 16.4% annually at Hope and make up roughly 36% of the credit union's total loan portfolio as of 4Q13, compared to just 5% at similar-sized institutions.
This loan category can quickly mire inexperienced lenders, but for Hope, business lending has been an essential part of its operation right from the start.
"As Hope Enterprise Corporation, we probably spent the first five years of our existence just doing asset-based lending for manufacturing firms," says Greg Wineland, senior vice president of lending.
"Back then, most of our lending was asset-based, which entailed securitization by accounts receivable, inventory, and cash accounts."
Since the two groups joined forces, most loans at Hope are now secured by fixed assets and primarily consist of commercial and residential rental real estate as well as some equipment financing.
"The permanent financing associated with multi-family developments has probably been one of our greater concentrations," Wineland says. "It's been a very good fit for us in terms of our affordable housing mission, but also in terms of our ability to fit that product into existing regulatory constraints."
The credit union also does SBA loans (which make up about 8.9% of the MBL portfolio) as well as some USDA lending.
The MBL department itself has swelled to 22 individuals over the past decade, including seven loan officers spread across the branch footprint, a four-person credit analysis staff, a four-person loan administration team, and a special assets department consisting of commercial auditors and consumer collectors.
The credit analysis team plays a particularly valuable role when it comes to business loan packaging, opening up the floodgates for new opportunities that may have slipped through the cracks due to fixable issues.
"This department dates back to Hope Enterprise Corporation, because in the first few months we realized the difficulty in terms of gathering standard loan packaging information, particularly for those who were just a few years in business or who had gone through a growth spurt and cut some corners along the way," Wineland says. "We've relied heavily on these extra resources to help assimilate and produce the information we needed, financial or otherwise."
All together, the organization is expecting to generate around $200 million in MBL loans this year, including some new relationships initially incubated through Hope Enterprise Corporation until they mature out of their riskier stages.
"Deals beget other deals, but it doesn't always come from the entrepreneur we financed before, it's about the larger network of people that saw that financing and the benefits it has provided that business," Wineland says.
All staff across the organization are incentivized for loan production, but the credit union has also made a focused effort on using joint calls and onsite visits by both retail and business lending staff to secure cross business referrals and more holistic relationships with business clients' employees.
"If an employee has financial stress at home, they are less focused, will be absent more, and you'll have more turnover, so we think one of the best things we can do for our business members is to make sure their employees have a way to get their needs met," Branson says. But the holistic support that Hope provides to local businesses doesn't stop there.
Examples of above-and-beyond tasks include reviewing leases and organizational documents, helping someone become properly licensed, creating mechanisms for proper payroll and income tax, brokering, marketing, and legal support, and other technical assistance.
"We had one individual who had already bought his manufacturing extension equipment and it was laid out by the vendor, but it turned out their building wasn't big enough to accommodate the line as they had drawn it out," Wineland says. "So we had an engineering outfit that worked through a local university come out to help him reconfigure his plant's layout and reconfigure his building to accommodate the new production line."
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4Q 2013 Anatomy Credit Union Strategy & Performace Feature Article Hope Credit Union
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Welcome to the Blue, Walker Buehler!
The Dodgers consensus #1 prospect is officially heading to Los Angeles, and frankly that's amazing. In fact, I find it difficult to wrap my head around it. I say this because right-handed hurler Walker Buehler -- just drafted in 2015 -- spent most of last year in the DL due to Tommy John surgery and has since thrown only 93 professional innings in his career. Now, he's preparing to play on a Major League ballfield.
As you likely know, Buehler is a starter, but was converted to relief duty just recently to allow him this opportunity to pitch for Los Angeles this season. Also, ever mindful of his recent Tommy John surgery, this change keeps his total innings down. In spite of those worries, though, his stuff is apparently too good not to have in LA. Per Joshua Thornton at MLB.com:
"He's had a very quick ascension," Roberts said of the 23-year-old Buehler. "He's ultra, ultra competitive and ultra talented."
Whether or not Buehler will get a spot on the Dodgers' playoff roster is still up in the air, but the Dodgers see his callup as an opportunity for Buehler to get some much-needed experience in the Majors and to help the club down the stretch.
"It all depends on how he fares," Roberts said about Buehler possibly making a postseason roster. "He's going to get opportunities, but when you're talking about the postseason, we're really not thinking about a postseason roster. I can honestly say that. We want to put eyes on him. He's earned it. To be around our guys, Kenley [Jansen], Clayton [Kershaw], Rich [Hill] and have Rick [Honeycutt] put eyes on him, this is a good thing for his development. He's going to get opportunities and like I say, every day is a test."
Will he be the next great Dodger pitcher? Only time will tell, but I'm hoping we get a glimpse of that wonder here this September -- And heck, maybe October. BTW, you can follow Walker on twitter here (at the appropriately named): @buehlersdayoff.
As for what he throws, here's what Jim Callis at MLB.com recently wrote:
He flashed better-than-ever stuff when he returned from Tommy John surgery last summer, and he has maintained it throughout 2017.
After working with a low-90s fastball at Vanderbilt, Buehler now operates in the mid-90s and touches 99 mph with life and an easy delivery that helps his heater play even better than its velocity. His low-80s curveball is a plus pitch with depth and ranks as his best secondary offering, though his upper-80s slider is nearly as good. He also can turn his slider into a low-90s cutter and has feel for a changeup that has its moments.
Per MLB.com:
Buehler entered 2015 as the top-rated prospect at Vanderbilt -- ahead of No. 1 overall choice Dansby Swanson and No. 8 pick Carson Fulmer -- but injured his elbow before the season began. He never looked his best and dropped to the Dodgers with the 24th selection, then had Tommy John surgery that August after signing for a below-slot $1,777,500. He returned to the mound 11 months later, looked better than ever in short stints in the Minors and during instructional league, and has continued to do so in 2017.
Buehler usually operated with a 90-96 mph fastball in college, and he opened eyes by throwing in the mid-90s during his brief pro debut and hitting 99 during instructional league. He has maintained that velocity as a starter on tight pitch counts this year, and he backs up his heat with an array of impressive secondary pitches. He can miss bats with both his curveball and slider (and morph the latter pitch into a harder cutter), and his changeup shows flashes of becoming an above-average offering.
Because Buehler has a slight build, there were concerns about his durability even before his elbow gave out. His athleticism and strike-throwing ability should help his cause, and he was able to repeat his delivery and maintain his stuff into the later innings while at Vanderbilt. If he stays healthy, he has the look of a front-of-the-rotation starter, though he'll have to settle for being No. 2 behind Clayton Kershaw in Los Angeles.
Per Bill Plunkett at the OC Register:
Dave Roberts: “He’s very talented, I know that. He’s a part of the future, I know that. And possibly the present. How much of the present? That’s up to him.”
In celebration of Buehler's promotion I made three fantasy Baseball cards depicting him. Check them all out above.
Per a Dodgers press release:
Buehler, 23, will make his first career appearance on a Major League roster in his second professional season after being selected in the first round (24th overall) of the 2015 First-Year Player Draft out of Vanderbilt University. Buehler, who is rated by MLB.com as the Dodgers’ No. 1 prospect and is currently rated by Baseball America as the 17th best overall prospect in baseball, went 3-3 with a 3.35 ERA (33 ER/88.2 IP) and collected one save in a combined 28 games (19 starts) with Single-A Rancho Cucamonga, Double-A Tulsa and Triple-A Oklahoma City. He also held hitters to a combined .208 average, while striking out 125 batters against just 31 walks in 88.2 innings.
The Lexington, Kentucky native and the 2017 Dodgers Branch Rickey Minor League Pitcher of the Year, started the year dominating the California League, posting a 1.10 ERA (2 ER/16.1 IP) in five starts, before his promotion to Tulsa on May 10. Buehler then made 11 starts for the Drillers, going 2-2 with a 3.49 ERA (19 ER/49.0 IP), a 1.12 WHIP and a .225 opponent’s batting average. He was named Texas League Pitcher of the Week after his start on June 30, in which he fired 5.1 scoreless innings while allowing just two hits and striking out seven against only one walk.
Buehler was promoted to Oklahoma City on July 16 and made three starts – including his first Triple-A victory on July 31 (5.0 IP, 0 R, 3 H, 6 K) – before being moved to a relief role in August. Since moving to the ‘pen, Buehler has recorded one save and has struck out 19 batters against just five walks in 13.1 innings of relief. Overall, he has limited the opposition to a .216 average with the OKC Dodgers.
To create room on the 40-man roster, the Dodgers designated right-handed pitcher Fabio Castillo for assignment.
By ernest at Wednesday, September 06, 2017
Labels: Card Creations, Walker Buehler
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Solar wind energy -a viable alternative?
Solar power is the conversion of energy from sunlight into electricity, either directly using photovoltaics(PV), indirectly using concentrated solar power, or a combination. Concentrated solar power systems use lenses or mirrors and tracking systems to focus a large area of sunlight into a small beam. Photovoltaic cells convert light into an electric current using the photovoltaic effect. Photovoltaics were initially solely used as a source of electricity for...
The Solar Energy & Wind Energy
https://www.youtube.com/watch?v=3oN1nh-XWVo Have you ever used a magnifying glass to make something melt or burn? You were using solar power! “Solar” is the Latin word for “sun” and it’s a powerful source of energy. In fact, the sunlight that shines on the Earth in just one hour could meet world...
Solar Panel Layout Project News
Solar power project planned for Myanmar U.S. investors will help finance a $480 million solar power project in Myanmar’s northeastern Mandalay region, which will ultimately provide up to 12 percent of the country’s power generation, the U.S. Trade Representative and an investment manager said on Thursday. Under an agreement...
https://www.youtube.com/watch?v=fR3wbmf98u4
DigiTSun Green Power News
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PoweredUSB
IBM Power (software)
Hydroelectric power in Himachal Pradesh
Free: The Future of a Radical Price
Free (David Garrett album)
PoweredUSB, also known as Retail USB, USB PlusPower, and USB +Power, is an addition to the Universal Serial Bus standard that allows for higher-power devices to obtain power through their USB host instead of requiring an independent power supply or external AC adapter. It is mostly used in point-of-sale equipment, such as receipt printers and barcode readers.
PoweredUSB, as a proprietary variant of USB, was developed and proposed by IBM, Berg (now FCI), NCR and Microsoft between 1998 and 1999, with the last revision (0.8g) issued in 2004. The specification is not endorsed by the USB Implementers Forum (USB-IF). IBM, who owns patents to PoweredUSB, charges a licensing fee for its use.
PoweredUSB was licensed by Hewlett-Packard, Cyberdata, Fujitsu, Wincor and others.
PoweredUSB uses a more complex connector than standard USB, maintaining the standard USB 1.x/2.0 interface for data communications and adding a second connector for power. Physically, it is essentially two connectors stacked such that the bottom connector accepts a standard USB plug and the top connector takes a power plug.
This page contains text from Wikipedia, the Free Encyclopedia - https://wn.com/PoweredUSB
POWER was an IBM operating system enhancement package that provided spooling facilities for the IBM System/360 running DOS/360 or retrofitted with modified DOS/360. Upgrades, POWER/VS and POWER/VSE were available for and the IBM System/370 running DOS/VS and DOS/VSE respectively. POWER is an acronym for Priority Output Writers, Execution processors and input Readers.
POWER was an operating system enhancement available for DOS/360, DOS/VS, and DOS/VSE, and came packaged with some third party DOS-based operating systems. International Business Machines released POWER in 1969 following a public introduction at the IBM Wall Street Data Center.
It 'spooled' (queued) printer and card data, freeing programs from being dependent upon the speed of printers or punched card equipment.
POWER competed with non-IBM products, namely DataCorp's The Spooler and SDI's GRASP. Unlike the other products, POWER required a dedicated partition.
It allowed a single printer (1403/2311), punch (2520, 2540) or reader (2540, 2501) to be shared by two or more processing partitions. Input data was asynchronously loaded and directed to the proper partition by Job class. Output was directed to disk and stored there - then directed to a printer or punch by the writer type, (PRT, PUN), Job Class, Priority and form code. This was provided in PRT and PUN control cards in the input stream. Once the operator put the proper form in the printer/punch and told power to start (G PUN or G PRT on the console) the device would continue until no more output of that type was available. When a new form was encountered it would alert the operator to change forms and wait for the next go command.
This page contains text from Wikipedia, the Free Encyclopedia - https://wn.com/IBM_Power_(software)
Himachal Pradesh is extremely rich in its hydroelectricity resources. The state is having about twenty five percent of the national potential in this aspect. It has been estimated that about 27,436 MW of hydel power can be generated in the state by the construction of various hydel projects on the five perennial river basins no matter they are major, medium or small. Out of total hydel potential of the state, 3934.74MW is harnessed so far, out of which only 7.6% is under the control of Himachal Pradesh Government while the rest being exploited by the Central Government. The state government has been giving the highest priority for its development, since hydel generation can meet the growing need of power for industry, agriculture and rural electrification. It is also the biggest source of income to the state as it provides electricity to the other states also.
Himachal has enough resources to generate surplus power but, sometimes this is a misconception as in winters the power shortage overshoots ten lakh units per day due to less flow of water in rivers and at the same time increase in lighting and heating load. Due to increased industrialization and rural electrification this figure is expected to rise even further.
This page contains text from Wikipedia, the Free Encyclopedia - https://wn.com/Hydroelectric_power_in_Himachal_Pradesh
Free: The Future of a Radical Price, 2009 book by Chris Anderson
Free (film), a 2001 dramedy
Free! (anime), a 2013 anime television series
Free (Desperate Housewives), a television episode
Arts and philosophy
Freedom (disambiguation)
Free, to emancipate, to obtain political rights (usually for a disenfranchised group)
Free, a pseudonym for the activist and writer Abbie Hoffman
Free content, content without significant legal usability restrictions
Free will, control exercised by rational agents over their actions and decisions
Free (programming), a function that releases dynamically allocated memory for reuse
Freefont, an open font project
Free format, a file format which can be used without restrictions
Free software, software usable and distributable with few restrictions and no payment
Freeware, a broader class of software available at no cost
Full Reactive Eyes Entertainment, a video game genre as implemented in the game Shenmue
Free object
Free abelian group
Free algebra
Free group
Free module
Free semigroup
This page contains text from Wikipedia, the Free Encyclopedia - https://wn.com/Free
Free: The Future of a Radical Price is the second book written by Chris Anderson, Editor in chief of Wired magazine. The book was published on July 7, 2009 by Hyperion. He is also the author of The Long Tail, published in 2006.
Free follows a thread from the previous work. It examines the rise of pricing models which give products and services to customers for free, often as a strategy for attracting users and up-selling some of them to a premium level. That class of model has become widely referred to as "freemium" and has become very popular for a variety of digital products and services.
Free was released in the United States on July 7, 2009, though the night before, on his blog, Chris Anderson posted a browser readable version of the book and the unabridged audiobook version. Anderson generated controversy for plagiarizing content from the online encyclopedia Wikipedia in Free. Anderson responded to the claim on his The Long Tail blog, stating that there were disagreements between him and the publisher over accurate citation of Wikipedia due to the changing nature of its content, leading him to integrate footnotes into the text. Also on his blog, he took full responsibility for the mistakes and noted that the digital editions of Free were corrected. The notes and sources were later provided as a download on his blog.
This page contains text from Wikipedia, the Free Encyclopedia - https://wn.com/Free:_The_Future_of_a_Radical_Price
Free is a 2007 album by violinist David Garrett, released in Europe by Decca.
"La Califfa" (Ennio Morricone)
"Carmen Fantasie" (Georges Bizet) featuring Paco Peña, guitar
"Nothing Else Matters" (Metallica)
"Csardas Gypsy Dance" (Vittorio Monti)
"Duelling Strings" (from the film Deliverance)
"Paganini Rhapsody" (on Caprice 24)
"Serenade" (David Garrett, Franck van der Heijden)
"Flight of the Bumble Bee" (Nikolai Rimsky-Korsakov)
"Toccata" (David Garrett, Franck van der Heijden)
"Somewhere" (from Leonard Bernstein's musical West Side Story)
"Eliza's Song" (David Garrett, Franck van der Heijden)
↑ "Amazon.com product listing". Retrieved 2009-07-16.
This page contains text from Wikipedia, the Free Encyclopedia - https://wn.com/Free_(David_Garrett_album)
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omanpower.com
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Shinnecock Hills is a community in the city of Southampton in Suffolk County. One of the oldest and finest golf clubs in the country is in the area. The Shinnecock Hills Golf Club was built in 1891 and it is one of the five clubs that founded the USGA. Shinnecock Hills Golf Club was also the first club to allow women to become members in their own right. The club has the oldest clubhouse in the U.S. and its prestigious course is ranked among the best in the country. In fact, Shinnecock Hills was ranked third in 100 Greatest Courses Ranking by Golf Digest for 2005. The narrow, links style design was built on undulating terrain and though there are no water bodies, the excellent positioning of sand bunkers will test every aspects of your game.
Another unique region of Shinnecock Hills is the Indian reservation. Shinnecock Reservation encompasses 750 acres of land and approximately 500 Native American people live on it. This special population is part of the Shinnecock Nation is a self-governing, State-recognized Tribe.
The Shinnecock Hill Preserve is an attempt by environmentalists in the Nature Conservancy to preserve rare natural grassland. They bought a narrow wedge of approximately 26 acres of natural grassland from the Shinnecock Hills Golf Club. This preserve is an excellent example of rarely seen maritime grassland. New York now has only about 150 acres of this native grassland left.
Though a fair amount may have vanished due to development of the Long Island over the years, even in areas where nature has ruled, the ecology of the terrain has slowly undergone changes. It has been observed that the maritime grassland gradually changes over the years from a grassy heath to pitch pine forests. Even in the Shinnecock Hills preserve there are areas where pine has grown and sometimes oak as well, leaving just narrow trails with the original grasslands. One can spend a quiet day, just communing with nature here as it makes for a pleasant walk at any time of the year, especially during late spring when shrubs like beach plum and wildflowers of many species are in bloom.
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Paraguay - Sources
336 documents in total. Show all.
National laws
Sources regularly covered on ecoi.net for countries of priority E
The following list contains all sources regularly covered by our team for country priority E. ecoi.net covers more than 160 sources regularly (as of January 2018). Depending on their publication cycle, some sources are covered daily (like BBC World News, IRIN or Amnesty International), others weekly (like UNHCR, Forum 18 or the International Crisis Group), and some others once a month (like CEDAW, the Congressional-Executive Commission on China or the Afghanistan Research and Evaluation Unit).
Not all sources are covered for all countries to the same extent. To learn more about or country priorities, please see: Our Country Priorities.
For more details on each source, click on "Show description". The column "Publications covered" lists all types of publications we screen for inclusion on ecoi.net. The abbreviations next to each publication type stand for the document type we file it under:
PR = Periodical Reports (annual reports, monthly reports, daily updates, etc.)
SR = Special and Analytical Reports
PressR = Appeals and News Releases (usually from NGOs)
Media = Media Reports
Pos = Expert Opinions and Positions
Res = Query Responses (from COI units)
Maps = Maps
Please note that this list only contains sources regularly covered by ecoi.net. Publications from other sources are added on an ad-hoc basis, increasing the total number of sources.
Use your browser's search function to search for a particular source (mostly: Ctrl-F).
Publications covered
Source category
Coverage frequency
Documents from this source
Amnesty International (AI)
Show description Press Releases (PressR), Reports (SR/PR), Urgent Actions (PressR), ai-Journal (SR) A, B1, B2, C; Annual report: also for D and E 3+ Daily Show documents
Asylum Research Consultancy (ARC)
Show description Commentaries on UKBA Guidance Notes (ExpPos), Reports (SR, PR), Query Responses (Resp) A, B1, B2, C, D, E 4 Monthly Show documents
Show description Query Responses (Res), Country Reports (SR) A, B1, B2, C, D, E 4 Weekly Show documents
Austrian Development Agency (ADA)
Show description Länderinformation (SR), other relevant publications (SR) A, B1, B2, C, D, E 4 Quarterly Show documents
Bundesamt für Migration (BFM) (Federal Office for Migration, Switzerland)
Show description Herkunftsländerinformationen (SR) A, B1, B2, C, D, E 4 Quarterly Show documents
Bundesamt für Migration und Flüchtlinge (BAMF) (Federal Office for Migration and Refugees, Germany)
Show description Entscheidungen Asyl (SR), IZAM Publikationen (SR) A, B1, B2, C, D, E 4 Monthly Show documents
Bundesamt für Fremdenwesen und Asyl - Staatendokumentation (Federal Office for Immigration and Asylum - COI unit, Austria) (BFA Staatendokumentation)
Show description Query responses (Res), Reports (SR) , other publications (SR/maps/etc) (login required to access most of these reports - for details see link above) A, B1, B2, C, D, E 4 Weekly Show documents
Office of the Commissioner General for Refugees and Stateless Persons, Belgium (CGRS) (Commisariat Général aux Réfugiés et aux Apatrides, CGVS/CGRA) & CEDOCA, COI Unit, Belgium - Please note: Currently, the CGRS' guidance documents are added to ecoi.net under the source name "CGRS", while CEDOCA's COI documents are added under the source "CGRS-CEDOCA".
Show description Reports (SR), Responses (Resp), Guidance "Notes politiques" (Pos) A, B1, B2, C, D, E 4 Weekly Show documents
Country of Origin Research and Information (CORI)
Show description Reports (SR), Query Responses (Resp) A, B1, B2, C, D, E 4 Monthly Show documents
Committee to Protect Journalists (CPJ)
Show description Attacks on the Press (PR), Special Reports (SR) Special Reports: A, B1, B2, C; Annual Report: also for D and E; other publications: not covered 3+ Monthly Show documents
Danish Immigration Service (DIS)
Show description Fact-finding Reports (SR) A, B1, B2, C, D, E 4 Weekly Show documents
Dutch Council for Refugees (DCR) - VluchtelingenWerk Nederland
Show description Reports (SR), Responses (Resp), Positions (Pos), other country reports (SR) A, B1, B2, C, D, E 4 Monthly Show documents
European Asylum Support Office (EASO)
Show description COI reports (SR) A, B1, B2, C, D, E 4 Quarterly Show documents
Show description Reports of EU Election Assistance and Observation (SR), Progress and Accession Reports (PR); European Neighbourhood Policy - Country and Progress Reports (PR) A, B1, B2, C, D, E 4 Monthly Show documents
European Council on Refugees and Exiles (ECRE)
Show description Position Papers (SR), Country Reports (PR) A, B1, B2, C, D, E 4 Quarterly Show documents
Show description Reports of Election Observation Missions (SR) A, B1, B2, C, D, E 4 Quarterly Show documents
The Finnish Immigration Service - Country Service
Show description Reports (SR); Responses (Resp.); A, B1, B2, C, D, E 4 Monthly Show documents
Show description Freedom in the World (PR), Freedom of the Press (PR), Nations in Transit (PR), Countries at the Crossroads (PR), Freedom on the Net (PR), Special Reports (SR) A, B1, B2, C, D, E 4 Monthly Show documents
Health Action International (HAI)
Show description Medicine Prices Surveys of HAI Europe (SR), Medicine Price Monitors of HAI Africa (SR) A, B1, B2, C, D, E 4 Quarterly Show documents
Human Rights Watch (HRW)
Show description Press Releases (PressR), Reports (SR/PR) A, B1, B2, C; Annual report: also for D and E 3+ Daily Show documents
Hungarian Helsinki Committee (HHC)
Show description Reports (SR), selected other publications (PressR, Positions) A, B1, B2, C, D, E 4 Quarterly Show documents
Immigration and Refugee Board of Canada (IRB)
Show description Issue Papers (SR), Country Fact Sheets (SR), Extended Responses to Information Requests (Res), Responses to Information Requests (Res) A, B1, B2, C, D, E 4 Weekly Show documents
International Center for Not-for-Profit Law (ICNL)
Show description NGO Law Monitor (SR) A, B1, B2, C, D, E 4 Quarterly Show documents
International Committee of the Red Cross (ICRC)
Show description Annual Reports (PR) A, B1, B2, C, D, E 4 Quarterly Show documents
International Helsinki Federation for Human Rights (IHF) - The International Helsinki Federation for Human Rights submitted a request of bankruptcy to the Commercial Court in Vienna to start an insolvency procedure on 27 November 2007. Therefore the organisation will be dissolved. For more details see: http://www.ihf-hr.org/documents/doc_summary.php?sec_id=58&d_id=4447 (IHF Website, accessed on 12 December 2007); http://www.rferl.org/featuresarticle/2007/12/7DE07AC5-C011-4246-8691-B6F91BD76421.html (RFE/RL Website, accessed on 12 December 2007).
Show description Reports (SR/PR), Press Releases (PressR), Statements (PressR), Open Letters (PressR) A, B1, B2, C; Annual report: also for D and E 3+ Previously covered Show documents
International Treatment Preparedness Coalition (ITPC)
Show description Missing the Target Reports (PR), other reports (SR) A, B1, B2, C, D, E 4 Quarterly Show documents
Swedish Migration Board - Migrationsverket landinformation
Show description English-language Reports (SR) A, B1, B2, C, D, E 4 Monthly Show documents
Migration Review Tribunal - Refugee Review Tribunal: Country Advice Service (Australia) (MRT-RRT) - note: MRT-RRT's COI section has been moved to Australia's Department of Immigration and Citizenship (DIAC) on 1 July 2013
Show description Query Responses (Res), Country Reports (SR) A, B1, B2, C, D, E 4 Quarterly - note: MRT-RRT's COI section has been moved to Australia's Department of Immigration and Citizenship (DIAC) on 1 July 2013 Show documents
Minority Rights Groups International (MRG)
Show description Reports (SR), Micro Studies (SR), Macro Studies (SR), Briefing Papers (SR), State of the World's Minorities (PR) A, B1, B2, C; Annual report: also for D and E 3+ Monthly Show documents
The Netherlands Ministry of Foreign Affairs
Show description Ambtsbericht (PR) A, B1, B2, C, D, E 4 Quarterly Show documents
Norwegian Country of Origin Information Center (Landinfo)
Show description English-language Fact-finding Reports (SR) A, B1, B2, C, D, E 4 Monthly Show documents
Office for Foreigners (Poland), COI Unit
Office Français de Protection des Réfugiés et Apatrides (OFPRA)
Show description Reports (SR) A, B1, B2, C, D, E 4 Quarterly Show documents
Organization for Refuge, Asylum & Migration (ORAM)
Refugee Research and Information Branch (New Zealand) (RRIB)
Show description Query Responses (Resp), Reports (SR) A, B1, B2, C, D, E 4 Quarterly Show documents
Refugee Documentation Centre, Legal Aid Board (Ireland) (RDC)
Show description Query responses (Resp), Reports (SR) A, B1, B2, C, D, E 4 Weekly Show documents
Reporters Sans Frontières (RSF)
Show description Reports (SR/PR), Press Releases (PressR) A, B1, B2, C; Annual report: also for D and E 3+ Daily Show documents
Show description International Psychiatry (SR) A, B1, B2, C, D, E 4 Quarterly Show documents
Swiss Refugee Council (Schweizerische Flüchtlingshilfe, SFH)
Show description Herkunftsländerinformationen (Res/SR) A, B1, B2, C, D, E 4 Weekly Show documents
Still Human Still Here
Show description Commentaries on UKBA Guidance Notes & Reports (Positions) A, B1, B2, C, D, E 4 Monthly Show documents
Show description Country-specific reports on corruption (PR,SR) A, B1, B2, C; Annual report: also for D and E 3+ Quarterly Show documents
previously covered: UK Department for International Development - Health Resource Centre (DFID - HRC)
Show description Country Health Briefing Papers (SR) A, B1, B2, C, D, E 4 previously covered. Show documents
UK Foreign and Commonwealth Office (FCO)
Show description Annual Human Rights Reports (PR) & Quarterly Updates (PR) A, B1, B2, C, D, E 4 Quarterly Show documents
UK Home Office (Border Agency)
Show description COI Documents (SR/PR), Operational Guidance Notes (Positions) A, B1, B2, C, D, E 4 Weekly Show documents
UN Commission on the Status of Women (CSW)
Show description Official Documents (PR/SR), NGO Statements (PressR) A, B1, B2, C, D, E 4 Monthly Show documents
UN Committee Against Torture (CAT)
Show description State Reports (please check if really PR), Concluding Observations (please check if really PR), NGO reports (SR) A, B1, B2, C, D, E - NGO-reports: A,B1,B2,C 3+ Monthly Show documents
UN Committee on Economic, Social and Cultural Rights (CESCR)
Show description State Reports (PR), Concluding Observations (PR), NGO reports (SR) A, B1, B2, C, D, E - NGO-reports: A,B1,B2,C 3+ Monthly Show documents
UN Committee on the Elimination of Discrimination Against Women (CEDAW)
UN Committee on the Elimination of Racial Discrimination (CERD)
UN Committee on the Rights of the Child (CRC)
UN Women - UN Entity for Gender Equality and the Empowerment of Women (ersetzt UNIFEM, DAW, INSTRAW, OSAGI)
Show description News (Appeals & News releases); Publications (SR/PR) News: A, B1, B2, C; other publications: A, B1, B2, C, D, E 3+ Quarterly Show documents
UN Development Programme (UNDP)
Show description National Human Development Reports (SR) A, B1, B2, C, D, E 4 Quarterly Show documents
Show description Reports (SR) A, B1, B2, C, D, E 4 Monthly Show documents
UN High Commissioner for Refugees (UNHCR)
Show description Chronologies of Events (SR), Country Reports (SR), Country & Situation Specific Position Papers (Positions), Länderinformationen (Positions/SR), Country Briefing Folders (SR), National Laws (Laws) A, B1, B2, C, D, E 4 Weekly Show documents
UN Human Rights Committee
UN Human Rights Council (formerly UN Commission on Human Rights) (HRC)
Show description Reports (SR), NGO Written Statements (PressR), Documents of Universal Periodic Review (PR) A, B1, B2, C, D, E - NGO-reports: A,B1,B2,C 3+ Weekly Show documents
UN Office of the High Commissioner for Human Rights (OHCHR)
Show description Press Releases by Special Rapporteurs and Experts (PressR), Investigation Reports of OHCHR Nepal (SR), Common Core Documents forming part of state reports under international human rights treaties (SR) A, B1, B2, C, D, E 4 Weekly (Common Core Documents: Quarterly) Show documents
previously covered: UN Sub-Commission on the Promotion and Protection of Human Rights
Show description Reports (SR), NGO Written Statements (PressR) A, B1, B2, C, D, E 0 The UN Sub-Commission on the Promotion and Protection of Human Rights was dissolved in 2006. Show documents
US Citizenship and Immigration Service (USCIS)
Show description Asylum Resources (SR) A, B1, B2, C, D, E 4 Previously quarterly - no longer publishes reports online (since 2004). Show documents
US Commission on International Religious Freedom (USCIRF)
Show description Annual Reports (PR), Policy Briefs (SR), Special Reports (SR) A, B1, B2, C; Annual report: also for D and E 3+ Quarterly Show documents
US Committee for Refugees and Immigrants (USCRI)
Show description World Refugee Survey (PR) Note: no new World Refugee Surveys since 2009. A, B1, B2, C, D, E 4 Quarterly Show documents
US Department of Labor (USDOL) - Office of Child Labor, Forced Labor, and Human Trafficking (OCFT)
Show description Reports on child labour (PR, SR) A, B1, B2, C, D, E 4 Quarterly Show documents
US Department of State (USDOS)
Show description Trafficking in Persons Reports (PR), Country Reports on Human Rights Practices (PR), International Religious Freedom Reports (PR), Country Reports on Terrorism (PR), Background Notes (PR) A, B1, B2, C, D, E 4 Weekly Show documents
US Social Security Administration (SSA)
Show description Social Security Programs Throughout the World (PR) A, B1, B2, C, D, E 4 Monthly Show documents
Show description Epidemiological Fact Sheets on HIV and AIDS (SR), AIMS Country Reports (SR), Country Reports from Mental Health Atlas (SR), WHD 2001 Mental Health Country Reports (SR), Country Health System Fact Sheets of WHO AFRO (PR), Highlights on Health of WHO Europe Office (PR), Country Health Information Profiles of WHO WPRO (PR), English and French Fact Sheets on HIV/AIDS - Care and Treatment of PAHO (SR), Health in the Americas (PR), Annual Reports (PR) and Publications (SR) of WHO Country Office in Iraq, Darfur Hospital Assessments of WHO Country Office in Sudan (SR), Maps on Access to Health Facilities of WHO Country Office in Sudan (Maps), Maps on Health Data of WHO Country Office in Somalia (Maps), Maps (Maps) and Reports (SR) of WHO West Bank & Gaza Office, English and French National Health Policies of PAHO (SR), English and French Health Sector Analyses of PAHO (SR), Reports of Global Campaign Against Epilepsy (SR), MIND Country Summaries (SR), Health System Profiles of WHO EMRO (SR) A, B1, B2, C, D, E 4 Monthly Show documents
WRITENET
Show description Country Reports (SR) A, B1, B2, C, D, E 4 Monthly Show documents
Fore information on how we work, please read our F.A.Q.
For more information on how we decide what sources to cover for what countries, please see this blog post.
List is as of 15 January 2018.
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Warlike acts in the cyber domain
hack ransomware war terrorism cyber security philosophy 1112 words · 6 minute read
This CSO article reports on a massive ransomware attack with NonPetya that is estimated by CyberReason research to have costs businesses globally around 1.2 billion dollar.
One paragraph in particular caught my eye:
To complicate matters, having cyber insurance might not cover everyone’s losses. Zurich American Insurance Company refused to pay out a $100 million claim from Mondelez, saying that since the U.S. and other governments labeled the NotPetya attack as an action by the Russian military their claim was excluded under the “hostile or warlike action in time of peace or war” exemption.
You can read the official U.S. press release here. What interests me is not just the small letters of insurances policies, although they can have huge financial consequences for companies in this case. Philosophically and politically, the more interesting question is what constitutes an act of war in the cyber domain. In this scenario, insurance money is paid based on whether the cyber attack is considered a warlike act or not. The phrasing “warlike action in time of peace or war” anticipates a difference between such warlike attacks and “actual” war, as these “warlike” acts do not have to take place during war time.
Traditionally, wars occur between two nations that are identifiable. If they play fairly, they can even officially declare war before knocking on someone’s door. It is important that these parties are identifiable, so that they can be held accountable in terms of the Geneva Conventions for example. However, in the case of cyberattacks, there can be significantly more ambiguity concerning the identity of the attacker.
Take for example a well known cyberattack on DigiNotar, a certificate authority in the Netherlands (for public key encryption). Due to a hack fake certificates had been issued, compromising the trustworthiness of DigiNotar certificates, resulting in the removal of these certificates for example from all major browsers. To complicate matters, the Dutch government internally used many DigiNotar issued intermediary certificates that chained up to the Dutch government CA itself (see for example Firefox’ communication about this. The DigiNotar certificates becoming untrusted consequentially threatened to destabilize the Dutch government, as official services such as the tax system and the online ID management system for Dutch citizens (DigID) that is used to access government services threatened to become inaccessible. In other words, the hack was a threat to the stability of the Dutch state. Is this a warlike act? Or is it an act of war?
Interestingly a presumably Iranian hacker claimed the attack here and stated that his motivation was political: revenge for the Srebrenica massacre the part the Dutch government played in it. It seems then that destabilizing the Dutch government was not just a side-effect, but a direct target of the attack. One can wonder how convincing is it that such a young person would successfully perform a hack on a major certificate authority all by himself. Especially when one hypothesizes about government involvement and if one takes into account that the target of the attack was announced to be the Dutch government, then this attack can potentially be interpreted as an act of war.
The following quote from here argues against jumping to such conclusions:
“Security expert Robert Graham, who’s swapped e-mails with Ich Sun and ultimately confirmed that he was indeed the one who pulled off the Comodo hack, thinks otherwise. He accuses Comodo and reporters who have covered this story of jumping to conclusions about the Iran connection. “We make the assumption that anyone who supports the government there works for the government and that’s just not true,” said Graham, CEO of Errata Security. “My theory is he’s exactly what he says he is. That’s what the evidence points to. There’s no evidence that says he would have to be part of a state-sponsored effort. The attack is not that complex. It’s just what your average pen-tester would do.”
Interestingly, the later investigation report by Fox-IT which can be downloaded here from a Dutch government website showed that “Around 300.000 unique requesting IPs to google.com have been identified. Of these IPs >99% originated from Iran” (p. 8). It turned out that practically all victims of the attack on a Dutch certificate authority where in fact Iranian gmail users. The target then was not the Dutch government after all. The Dutch certificates were used for a massive man-in-the-middle attack on Iranian civilians.
The take-away is that calling something an act of war in the cyber domain is to some extent a matter of interpretation as the relevant actors become increasingly less identifiable. That act of interpretation however has huge potential consequences. In the context of the cited article those consequences are mostly economical for companies whose damages might not be covered by their insurance. But the potential political consequences are the most worrisome. As digital systems become more interwoven with essential infrastructures and with other digital systems, warfare will also become increasingly digital. In accordance, those with the knowledge and capabilities to work and influence computer systems de facto have political power. And when the relevant parties of “warlike” acts in the digital domain cannot be identified anymore as government parties, the distinction between war and terrorism blurs, as the distinction heavily relies on the violence of the former being warranted by a nation, whereas that of the latter is against a state or nation.
This made me remember a reflection of Derrida on how technoscience blurs the rigorous distinction between war and terrorism, in a book I have read about five years ago (it made an impression apparently). I looked it up again. The following passage is from the book “Philosophy in a Time of Terror” (2003) by Giovanna Borradori. In the words of Jacques Derrida:
No geography, no “territorial” determination, is thus pertinent any longer for locating the seat of these new technolgies of transmission or aggression. To say it all too quickly and in passing, to amplify and clarify just a bit what I said earlier about an absolute threat whose origin is anonymous and not related to any state, such “terrorist” attacks already no longer need planes, bombs, or kamikazes: it is enough to infiltrate a strategically important computer system and introduce a virus or some other disruptive element to paralyze the economic, military, and political resources of an entire country or continent. And this can be attempted from just about anywhere on earth, at very little expense and with minimal means. The relationship between earth, terra, territory, and terror has changed, and it is necessary to know that this is because of knowledge, that is, because of technoscience. It is technoscience that blurs the distinction between war and terrorism. (p. 101)
Joerie on Friday, Mar 15, 2019:
Interesting subject! I really liked the passage by Derrida, especially the sentence on the relationship between earth, terra, territory, and terror. Very poetic!
If I understand correctly, the bottom line of your essay is that because the identity of the aggressor in case of a cyber attack can be obscured, it is difficult to know to whom the aggressors of such attacks are affiliated. The aggressor could on be affiliated to their own beliefs (terrorism) or to a nation (an act of war).
This has serious implications on determining who is accountable for an attack, as you described in the insurance claim on the NonPetya attack. In my own words: if you don’t know who did it and under which affiliation, how can you make someone or something (in case of a government permitted attack) accountable?
To digress from your subject, I presume is already very complicated to determine the accountability of a large scale aggressive attack, even if you do know the identity of the aggressor(s). For example, in the pre-digital era, a dictator (let’s say Hitler), could initiate numerous acts of war on a large scale. Some would support him voluntarily, while others were indoctrinated or forced to participate in the war. Taking this into account, who then is responsible for the acts of war committed during wartime? Or better yet, who is responsible for initiating the war? Is it the big boss (Mr. H.) handing out the orders, or are you yourself always accountable for your own behavior, no matter the circumstances?
My point is, I think, that accountability of large scale aggressive attacks, whether cyber or ‘in the flesh’, was already a very complicated matter before digitalization of the world.
Anyway, nice topic! I’m a big fan of your essays.
Reply to Joerie
Edwin on Friday, Mar 15, 2019
In reply to Joerie
Thanks for your response! I definitely agree with your remark that accountability ‘in the flesh’ can already be tricky enough, and I would argue that adding the digital component is not radically different but instead an extension of this complexity.
Let me give another example of how accountability presupposes identification and how this in turn implies interpretation. Derrida was a French philosopher from Algerian descent. During the French occupation of Algeria the same militia were called “terrorists” (against French occupation) or “freedom fighters” (for liberation of the Algerian people). Depending on the context, the manner in which the violence used will be accounted for, justified and judged is quite different…
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Are You Watching the Blue Jackets' Playoff Run?
Comments Show All Comments
Hovenaut Mod 04/16/19 6:42 am16 Apr 2019, 6:42 am
Casually (highlights the first two games as I didn't get the broadcast my way).
Pretty confident tonight's game will be available in my viewing area...
TMac 04/16/19 6:43 am16 Apr 2019, 6:43 am
Casually - don't watch, check scores, am happy they are the hotest team on ice right now.
ONE Not Done!
bucknut1994 04/16/19 7:26 am16 Apr 2019, 7:26 am
Going to the game tonight. Let’s do the damn thing.
#94Ways
MDBuckeye2002 04/16/19 10:41 am16 Apr 2019, 10:41 am
I was offered a ticket in the lower bowl with a buddy of mine but my son has a soccer game tonight and my wife is working so I can't go. Pretty bummed but I should be able to get back home and see it mid 1st period or so.
"I love football. I think it is most wonderful game in world and I despise to lose."
Woody Hayes 1913 - 1987
bucknut1994 04/16/19 10:55 am16 Apr 2019, 10:55 am
It's okay you can catch a game in the next round.
Kevin Harrish Staff 04/16/19 1:58 pm16 Apr 2019, 1:58 pm
And the one after that.
Smash79 04/16/19 7:37 am16 Apr 2019, 7:37 am
Living in NORVA and being a CBJ fan......let’s just win the whole thing....!
DrSmash
MAVBuck 04/16/19 7:55 am16 Apr 2019, 7:55 am
I'm a casual viewer during the regular season, however there is NOTHING better than playoff hockey! Lets get the brooms out!
bucksfan92 04/16/19 8:17 am16 Apr 2019, 8:17 am
I've checked scores on occasion but hockey is a sport that I just don't understand. Obviously growing up in Columbus in the '70s and '80s, it was a foreign activity that nobody played or really knew anything about - the only time hockey was ever seen was every 4 years in the Olympics, but it's fun having a successful team in town, and very good for the city, so I hope they win and advance.
BUCKfutter 04/16/19 9:43 am16 Apr 2019, 9:43 am
holy cow how are almost 50% us not watching this??? stunning number. hockey has the best postseason of any pro sport and it's not close
the kids are playing their tail off, and the coaches are screwing it up! - JLS
Hockey is tough to watch on TV for the casual viewer I will say. 1000% better to see in person.
BuckeyeRealist13 04/16/19 1:22 pm16 Apr 2019, 1:22 pm
Cancelled all plans until the Jackets are out of the playoffs. Let's Go Jackets!!!
southalabamabuckeye 04/16/19 3:25 pm16 Apr 2019, 3:25 pm
I am not a hockey fan, but I am cheering for the Jackets and am checking scores throughout each game. I won't be home until 9:00 CDT tonight, which will probably after the game or very near the end. I will try to turn it on then.
cemitchell20 04/16/19 3:40 pm16 Apr 2019, 3:40 pm
If there's ever a time to jump on the bandwagon, its now!! these game shave been unbelievably fun. Definitely worth the watch.
Go Bucks
brutus360 04/16/19 3:55 pm16 Apr 2019, 3:55 pm
Will be there tonight!!! Behind Blue Jackets Bench!!!
"Age wrinkles the body, quitting wrinkles the soul" Woody Hayes
rcdunn1010 04/16/19 4:05 pm16 Apr 2019, 4:05 pm
results should be better than this.... Let's support the Jackets. At least the fans are bringing it to Nationwide
cpfanatik77 04/16/19 5:17 pm16 Apr 2019, 5:17 pm
As someone who has suffered through years of BAD Blue Jackets hockey, tonight has the opportunity to be right up there with the Buckeye natty's as one of the top sporting night of my life.
Cruiser72 04/16/19 6:55 pm16 Apr 2019, 6:55 pm
I am ! because I would like to see them lose the "Blo Jackets" moniker
I don't know the first darned thing about Hockey ZERO ZILCH NOTHING NADA, but I did watch game 3 and had to turn it off because I felt my blood pressure shoot up like a rocket......... I am more than pleased that they havn't layed down to die, and I really hate the city of Tampa, that hates tourists, Give it to em tonight jackets........... knock em on the ground, knock em on the ice, take that hockey puck......and show em how they suck !
Aesculus1989 04/16/19 9:35 pm16 Apr 2019, 9:35 pm
Well, they came along long after I left Ohio for the West Coast, but I wish them well through the Eastern bracket. I went to the game vs. the Panthers in November with my sister and brother-in-law, who have a ticket package. I am, however, eagerly awaiting the inaugural season for Seattle franchise. In the meanwhile, here is to an Avalanche-Blue Jackets Final.
Aesculus1989
seyekcuB 04/16/19 11:53 pm16 Apr 2019, 11:53 pm
I live in Tampa. Everyone was shocked after game 3 but reality sunk in tonight.
Skunk bear blood 04/17/19 2:15 am17 Apr 2019, 2:15 am
I gotta believe after tonight and the sweep of the Lightning we have to be headed for more "Hell yeah!"
Buy the ticket take the ride.
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An iconic actor who rose to fame through his roles in QUADROPHENIA and SCUM. Acclaimed television performances include MOONFLEET, HOLDING ON, OUTLAWS, EASTENDERS, ROCK & CHIPS and guest leads in NEW TRICKS and POIROT. His extensive theatre credits include ANTHONY & CLEOPATRA and KNIGHT OF THE BURNING PESTLE at Shakespeare's Globe, 'Monsieur Thenardier' in the West End run of LES MISERABLES, THIS HOUSE at both the National Theatre and the Garrick Theatre's hugely successful revival, as Jekyll & Hyde in the touring production of Dr Jekyll and Mr Hyde and as the Fool in Chichester Festival Theatre's KING LEAR and A VERY VERY VERY DARK MATTER at the Bridge Theatre. Recent credits include SLICED for Dave, the feature film THE HATTON GARDEN JOB, ZAPPED for Dave and ITV's ENDEAVOUR. Most recently, Phil was in the new musical THE HAPPY PRINCE at The Place Theatre. He can next be seen in ADULT MATERIAL on Channel 4.
SKU: Daniels
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Summit between Donald Trump & Kim Jong-un to take place tomorrow
Tue 26 Feb 2019, 11:29:59
Second high profile summit between US President Donald Trump and North Korean leader Kim Jong-un will take place in the Vietnamese capital Hanoi tomorrow.
During their two days of talks, the two leaders are expected to have several rounds of discussions in multiple settings, including a one-on-one, aimed at normalising ties and complete denuclearisation of the Korean peninsula. They are also likely to review the progress made after their first historic summit in Singapore last summer.
US President Donald Trump before his departure for Vietnam said he is looking forward to a highly productive second summit with North Korean leader.
Meanwhile, North Korean leader Kim Jong Un's train arrived in Vietnam today. The olive green train pulled into Vietnam's Dong Dang station after a marathon 4,000 kilometre, two and a half day journey across China from Pyongyang. Kim is expected to drive to the Vietnamese capital where he will have a state visit.
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New map of YDNA haplogroup R1a-CTS1211 (aka M558 or Y93)
Thread: New map of YDNA haplogroup R1a-CTS1211 (aka M558 or Y93)
Satyavrata Achievements:
Lothier
Italo-celto-germanic
Following the new map of R1a-M458, here is the map of R1a-CTS1211 (aka M558 or Y93). The distribution is more exclusively Balto-Slavic than M458, although the Czechs have very little of it.
Note that about half of all R1a in Italy, south-west France and Spain is CTS1211, meaning that it was very probably brought by the Visigoths and Ostrogoths. The Goths, although originally from southern Sweden and north-east Germany, had lived for several centuries in Poland and Ukraine before moving into the Roman Empire (starting with the Balkans), and appear to have absorbed local Proto-Slavic populations.
The map is based on the data from Underhill et al. 2014, but with a few adaptations when the total R1a frequencies didn't match my own data. For example, my data showed considerably higher levels of R1a in Slovenia and Hungary than the tiny sample from the paper, and I therefore increased the percentages. Underhill et al. didn't have any sample from France or Spain, so I had to infer the proportion based on small samples from FTDNA and adapt it to my earlier map of overall R1a.
My book selection---Follow me on Facebook and Twitter --- My profile on Academia.edu and on ResearchGate ----Check Wa-pedia's Japan Guide
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genetic genealogy, genetics, Goths, Haplogroups, maps, R1a, slavic
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T 0298/97 (Detergent compositions/UNILEVER) of 28.5.2001
European Case Law Identifier:
ECLI:EP:BA:2001:T029897.20010528
Date of decision:
T 0298/97
Application number:
IPC class:
C11D 11/00
Language of proceedings:
Download and more information:
Decision text in EN (PDF, 60.211K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in:
OJ | Published
Title of application:
Detergent compositions and process for preparing them
UNILEVER PLC, et al
Opponent name:
NV PROCTER & GAMBLE EUROPEAN TECHNICAL CENTER SA
Headnote:
1. If the Notice of Appeal is filed by an adversely affected party but the Grounds of Appeal are filed by a (natural or legal) person who, although having economic connections with that adversely affected party, is not itself that party, the appeal cannot be held admissible. (See reasons, points 3.2 and 3.3)
2. No provision having been made in the Implementing Regulations pursuant to Article 133(3) EPC, last sentence, the EPC does not currently allow the representation of one legal person by the employee of another economically related legal person. (See reasons, point 4)
3. Save in the limited situation of a transfer of the right to oppose a European patent (or to appeal or continue an opposition appeal) together with the related business assets of the opponent's business, a commercial interest in revocation of such patent is not a requirement for being an opponent. Nor is possession of such a commercial interest sufficient to allow a successor in business to take over and conduct opposition or opposition appeal proceedings in the absence of evidence of a transfer of the right to do so together with the related business assets of the opponent. (See reasons, point 12.2)
4. (a) In the absence of such evidence, the transfer of an opponent's business assets to two separate persons cannot give either of them the right to take over and conduct opposition or opposition appeal proceedings. (See reasons, point 7.6)
(b) When such evidence is present, only the transferee established by such evidence can acquire such a right. (See reasons, point 7.6)
Relevant legal provisions:
European Patent Convention 1973 Art 99
European Patent Convention 1973 Art 107
European Patent Convention 1973 R 64
Admissibility of appeal (no)
Party adversely affected not the party filing Grounds of Appeal
Commercial interest insufficient to remedy deficiency in admissibility
Catchwords:
Cited decisions:
G 0004/88
Citing decisions:
Summary of Facts and Submissions
I. In this decision, which concerns the admissibility or otherwise of an appeal purportedly conducted at different times by different members of a group of companies, the word "appellant" is used only as a convenient term to denote the possible or putative appellant, and the abbreviations used for the various companies referred to are those provided in the affidavit referred to in paragraph IX below.
II. European Patent No. 351 937, entitled "Detergent compositions and process for preparing them" and based on application No. 89 304 210.1, was granted on 9. February 1994 to the joint proprietors Unilever plc (for the Contracting State GB) and Unilever NV (for the Contracting States CH, DE, ES, FR, IT, LI, NL and SE).
III. Opposition was filed on 7 November 1994 by NV Procter & Gamble Technical Center SA ("ETC NV"). The Opposition Division, in a decision dated 14 January 1997, maintained the patent in amended form. ETC NV filed a Notice of Appeal, dated 5 March 1997 and received on 13. March 1997, against this decision. The Notice of Appeal was signed by P G Mather ("Mr Mather") on behalf of ETC NV and referred to Authorisation No. 2049 (and also, separately and in error, to No. 2048). The appeal fee was paid on 13 March 1997.
IV. Grounds of Appeal were subsequently filed by a fax dated 21 May 1997. They were set out on the letterhead of BVBA Procter & Gamble Europe SPRL ("Europe BVBA"), signed by Mr Mather and referred again to Authorisation No. 2049. The heading, after citing the appeal, application and patent numbers and the names of the proprietors, stated:
"Appellants SPRL Procter & Gamble Europe BVBA (formerly Procter & Gamble European Technical Center)"
The fax also included three copies of a letter dated 7. May 1997, also set out on the letterhead of Europe BVBA, addressed to "Directorate General 5.1.1" of the European Patent Office, headed "Re: General Authorisation No. 2049" and stating:
"At the time the above General Authorisation was given, the company giving the authorisation was indicated to be "Procter & Gamble European Technical Center NV" residing at Temselaan 100 - B-1853 Strombeek-Bever.
As of 1 April 1997, the functions of the Patent Department of Procter & Gamble European Technical Center NV have been transferred to the new legal entity: "BVBA Procter & Gamble Europe SPRL", residing at the same address. BVBA Procter & Gamble Europe SPRL therefore becomes the authorising company for General Authorisation 2049.
Please find attached our notary's attestation concerning this transfer. Kindly let us know which additional documents, if any, you would need to record this transfer."
None of the three copies of this letter included in the fax was accompanied by that attestation.
V. Apart from the heading of the Grounds of Appeal and the copies of that 7 May 1997 letter, nothing was said in the Grounds of Appeal about the fact that they were being filed by a different company to that which had conducted the opposition and, more recently, filed the Notice of Appeal. No reference to the apparent discrepancy was made in subsequent written submissions by either party prior to the Board's communication referred to in paragraph VI below. After the Grounds of Appeal were filed, all subsequent submissions on behalf of the appellant were made by a professional representative all of whose letters, both prior and subsequent to the Board's communication, have referred in their headings to the patent "opposed by The Procter & Gamble Company". Shortly before the oral proceedings, which were held on 10 January 2001, the respondents (proprietors) changed professional representatives.
VI. In the absence of any explanation of or submissions about the apparent discrepancy, which could clearly go to the admissibility of the appeal, the Board alerted the parties in advance of the oral proceedings that this matter would have to be resolved in those oral proceedings. A communication dated 3 January 2001 was sent by fax and registered post to the parties on 5. January 2001. After summarising the matters referred to in paragraphs III to V above, the communication concluded as follows:
"It is accordingly unclear which company is the appellant. Indeed it is unclear whether there has been any change in the identity of the appellant or not. As to the circumstances in which an opposition may be transferred, see Decision G 4/88 (OJ 1989, 480). Further, it is unclear which company the present representative of the appellant represents.
These matters will need to be resolved at the beginning of the oral proceedings. The appellant's representative should ensure he is able to produce an Authorisation from the actual appellant to the Board's Registrar before the oral proceedings commence."
That last paragraph of the communication reflected inter alia Article 1(3) of the Decision of the President of the EPO of 19 July 1991 (OJ 1991, 489).
VII. Both the appellant's representative and Mr Mather (in his case on the letterhead of yet another company, NV Procter & Gamble Services Company SA - "Services") faxed replies to this communication. Both referred to the French and Flemish versions (using either "SA" or "NV" respectively) of the name of ETC NV, the representative suggesting Europe BVBA was only another such version of the name of ETC NV. Otherwise these faxes dealt only with the matter of the professional representative's authorisation. The respondents did not reply to the communication.
VIII. After the oral proceedings were opened, the appellant's representative was invited to say which company is the appellant. He submitted that it was ETC NV which had changed its name to that of Europe BVBA. On being referred by the Board to the different bank account and VAT numbers on the letterheads of ETC NV and Europe BVBA, as used for the Notice of Appeal and Grounds of Appeal respectively, and to the letter of 7 May 1997 which referred to Europe BVBA as a "new legal entity", the representative then submitted (after an adjournment to take instructions by telephone) that there had in fact been a transfer of business from ETC NV to Europe BVBA in 1997 following which ETC NV had ceased to exist and that there had subsequently been a further such transfer to yet another company. He had however been unable to obtain any more detailed instructions and requested an adjournment in order to file evidence explaining the exact position. The respondents requested that, in the event of such an adjournment, their costs of the oral proceedings be paid by the opponent. The Board did not however order an adjournment but, after directing that evidence be filed by 24 January 2001 to show that the party now claiming to be the appellant is adversely affected by the decision of 14 January 1997, closed the oral proceedings.
IX. Under cover of a faxed letter of 24 January 2001, the appellant's representative filed an approved and signed but unsworn affidavit of Mr Mather, which referred to three exhibits which were not enclosed, and informed the Board that the sworn affidavit and exhibits would follow as soon as possible. This was subsequently done by a letter dated 15 February 2001 and received on 16. February 2001 which enclosed the sworn affidavit and three exhibits (numbered PGM1, PGM2 and PGM3) which are copies of original documents in Flemish relating to company reorganisations together with translations into English. The letter of 24 January 2001 contained a number of arguments and requests on the issue of admissibility which are summarised in paragraphs XI and XII below.
X. The relevant facts appearing from Mr Mather's affidavit can be summarised as follows (references to paragraphs being to paragraphs of the affidavit).
Mr Mather identifies four companies, namely:
1. ETC NV, the company which opposed the patent and filed the Notice of Appeal. This company changed its exact name and corporate status to BVBA Procter & Gamble European Technical Center SPRL in June 2000 (paragraphs 1 and 20 and exhibit PGM3).
2. Europe BVBA (whose date of incorporation is not known but is described in the 7 May 1997 letter as a new legal entity), to which on 28 March 1997 various functions and, on 1 April 1997, various employees (including Mr Mather himself) of ETC NV were transferred (paragraphs 1, 6 and 17 and exhibit PGM2).
3. NV Procter & Gamble Eurocor SA ("Eurocor"), incorporated on 7 January 1997, to which on 28. March 1997 other functions and personnel of ETC NV were transferred "with retroactive effect". The meaning to be given to those words is not explained in Mr Mather's affidavit but it appears from exhibit PGM1 (filed out of time), which is a company report documenting the transfer, that the acts of ETC NV from 1 July 1996 onwards in relation to the transferred activities were considered to be the acts of Eurocor "in bookkeeping terms". ETC NV has, since the incorporation of Eurocor, owned one share in Eurocor. (Paragraphs 1, 12, 13 and 15 and exhibit PGM1).
4. Services, to which in June 2000 certain functions of Europe BVBA, including the patent department but otherwise unspecified, were transferred (paragraphs 1 and 7).
Mr Mather explains that all these companies have the same registered address (Temselaan 100, B-1853 Strombeek-Bever, Belgium); that the various personnel employed at that address have done much the same jobs despite the reorganisations and changes of employers in 1997 and 2000; and that from 1994 to March 1997, the major operating company conducting most of the business at this address was ETC NV (paragraphs 2, 5 and 11).
Of himself, Mr Mather says he qualified as a European Patent Attorney in 1995 and has worked continuously in the Procter & Gamble patent department since 1992. As appears from his account of the various corporate changes, his employer changed from ETC NV to Europe BVBA on 1 April 1997 and from Europe BVBA to Services in June 2000. As regards authorisations, he says he was authorised under No. 2049 as an employee of ETC NV until 2 September 1997 when that authorisation was amended, with effect from 18 August 1997 (the purported backdating is not explained), to delete him as an employee and add him as a professional representative. He has throughout been part of a patent department servicing various Procter & Gamble companies, the work of which has, in his words, "remained substantially unchanged" despite the changes of employer. (Paragraphs 3, 4, 7 and 8.)
Mr Mather makes clear that he gave the appellant's representative the information supplied to the Board at the oral proceedings on 10 January 2001 and that the information in his affidavit is more accurate and complete as he has in the interim examined various company documents and interviewed various company lawyers. He says he now knows of the various company reorganisations which have taken place as described above. (Paragraphs 5 and 9.)
XI. The appellant's arguments as to admissibility, contained in the representative's letter of 24 January 2001, can be summarised as follows.
1. ETC NV properly filed the Notice of Appeal, had the proper status (that of an adversely affected party) at the time the Grounds of Appeal were filed, is still (although now renamed) in existence, and has a continued interest in revocation of the patent in suit as a shareholder in Eurocor. When the Grounds of Appeal were filed, Mr Mather who signed them had an authorisation from ETC NV. More generally, those working at "the Temselaan site" always had an interest in such revocation and all that has changed has been an internal reorganisation and changes of their employers' names. ETC NV should therefore be seen as continuing to be the person adversely affected by the decision under appeal. The appeal is therefore admissible in accordance with Article 110(1) EPC whereby the Board has no longer to consider the admissibility but only the allowability of the appeal.
2. Eurocor and Europe BVBA have each acquired an interest in revocation of the patent in suit by reason of the reorganisations and one or both of those companies should become co-appellants.
3. There is no basis in the EPC for an appeal, if admissible when the Notice of Appeal was filed, becoming retrospectively inadmissible merely because of a change in the status of the appellant, provided the "Appeal" is then supported by proper "Grounds" (quotation marks as used in the appellant's submissions).
4. The first indication the appellant received that there was a potential objection under Rule 65(1) EPC was the Board's communication of 3 January 2001. This was misread by the appellant as referring to authorisations and the actual discrepancy only became apparent at the oral proceedings on 10 January 2001. Rule 65(2) EPC gives the Board a discretion to make any necessary correction on an appropriate application by 24. January 2001, the letter of that date being such an application.
XII. As regards admissibility, the letter of 24 January 2001 contains a number of requests. The main request is for the appeal to proceed in the name of ETC NV. If the main request is not allowed, the appellant's first auxiliary request is that the appeal proceed in the names of ETC NV and Europe BVBA; the second auxiliary request is that the appeal proceed in the names of ETC NV and Eurocor; and the third and final auxiliary request is that the appeal proceed in the name of one or more companies identified in Mr Mather's affidavit. Each of the main and auxiliary requests also seeks a declaration that the appeal is admissible. The appellant requests further oral proceedings before any other decision on admissibility than allowance of one of those requests. As regards allowability, the appellant requests that the decision under appeal be set aside and the patent revoked. Finally, the appellant requests oral proceedings before any other decision than revocation.
XIII. The respondents request that the appeal be dismissed.
Reasons for the Decision
Articles 107 and 108 EPC
1. Article 107 EPC, first sentence, states "Any party to proceedings adversely affected by a decision may appeal". Article 108 EPC, first and third sentences, requires a Notice of Appeal and Grounds of Appeal to be filed within, respectively, two months and four months of the date of notification of that decision. It follows beyond any doubt from these provisions that, since no-one else is entitled to do so, each of the Notice of Appeal and Grounds of Appeal can only be filed within the stipulated time limits by a party which is adversely affected by the decision in question.
2. In the present case the Notice of Appeal was filed by ETC NV, the company which had previously filed opposition. Since the opposition was to the patent as a whole and the decision of the Opposition Division was to maintain the patent in amended form, the Notice of Appeal was clearly filed by an adversely affected party. Since the time limits in Article 108 EPC were complied with, there is only one issue to be decided as regards admissibility namely, were the Grounds of Appeal filed by a party which was adversely affected by the decision of 14 January 1997?
Prima facie admissibility
3.1. There can be no doubt that, on the facts as they appear from the file and the evidence now before the Board, this question must be answered in the negative. The Grounds of Appeal were set out on the letterhead of Europe BVBA which, as Mr Mather's affidavit makes clear, is a different company from ETC NV. Although signed, like the Notice of Appeal, by Mr Mather it is equally clear from his affidavit that he was employed by ETC NV when the Notice of Appeal was filed on 13. March 1997 and by Europe BVBA when the Grounds of Appeal were filed on 21 May 1997. While it is not known when Europe BVBA came into existence, the copy letter of 7 May 1997 enclosed with the Grounds of Appeal refers to it as "the new legal entity". The Grounds of Appeal refer in their heading to the appellant as Europe BVBA adding the words "(formerly Procter & Gamble European Technical Center)", that is ETC NV. While those words might, in the absence of any evidence to the contrary and as was indeed at first suggested at the beginning of the oral proceedings, have indicated a mere change of company name, it is (as just mentioned) clear from Mr Mather's affidavit that ETC BV and Europe BVBA are two different companies (or "entities", to use the language of the 7 May 1997 letter, or "parties", to use the language of Article 107 EPC).
3.2. Although Mr Mather's evidence in his affidavit must be accepted, since he makes clear it corrects the information given at the oral proceedings and is provided after consulting records and lawyers, the difference between the two companies is clear on the face of the Notice of Appeal and the Grounds of Appeal. Not only are the company names on the printed letterheads different but so are the bank account numbers and, as Mr Mather's affidavit also confirms, the company registration and VAT numbers. Further, nowhere in the evidence which has now been filed pursuant to a direction of the Board designed to establish which company claims to be the appellant, is it suggested the Grounds of Appeal were filed other than by Europe BVBA.
3.3. Since it is therefore clear that the Grounds of Appeal were not filed by a party to the opposition proceedings, let alone by a party adversely affected by the outcome of those proceedings, one of the conditions of an admissible appeal is absent and it appears prima facie that the appeal cannot be held admissible. The only question which remains is whether this result can be avoided either by finding one of the appellant's arguments on this issue acceptable or by placing some other acceptable construction on the facts as they appear - in either case "acceptable" meaning that, despite the prima facie non-compliance with Articles 107 and 108 EPC, those Articles have in fact been complied with in a manner compatible with the law.
3.4. As to the constructions which might be placed on the facts, the Board has considered a number of possibilities, not as such advanced by the appellant, as follows.
4. Were the Grounds of Appeal filed by Europe BVBA on behalf of ETC NV?
4.1. This appears impossible for reasons of fact and law. As to fact, apart from the clear distinctions between the two companies appearing on the face of the documents, no attempt was made in the Grounds of Appeal to indicate that one company was acting on behalf of another and indeed the clear intention shown at the time, evidenced by the only meaning which can be ascribed to the word "formerly" in the heading of the Grounds of Appeal and the use of the words "new legal entity", suggests that the opposite was envisaged, namely the replacement of one company by another.
4.2. Those matters of fact apart, Article 133(3) EPC provides:
"Natural or legal persons having their residence or principal place of business within the territory of one of the Contracting States may be represented in proceedings established by this Convention by an employee, who need not be a professional representative but who must be authorised in accordance with the Implementing Regulations. The Implementing Regulations may provide whether and under what conditions an employee of such a legal person may also represent other legal persons which have their principal place of business within the territory of one of the Contracting States and which have economic connections with the first legal person."
However, the Implementing Regulations have made no such provision which leads to the conclusion that the EPC currently does not allow an employee of one "legal person" to represent as an agent "other legal persons" even when they have "economic connections". In other words, an employee of one company in a group cannot represent another company in the same group.
5. Was Mr Mather entitled to represent ETC NV when filing the Grounds of Appeal but simply used the wrong letterhead by mistake?
This also appears impossible. As Mr Mather confirms in his affidavit, he was not employed by ETC NV when the Grounds of Appeal were filed on 21 May 1997, having been employed by Europe BVBA since 1 April 1997. The letter of 7 May 1997 makes quite clear that both companies viewed the authorisation under which he acted as having been transferred from ETC NV to Europe BVBA on 1 April 1997, a date consistent with his own evidence of a change of employer on that date. If Mr Mather did make a genuine mistake, he would undoubtedly have said so in his affidavit. That he did not seems clear from the only meaning which can in the circumstances be given to the word "formerly" as used in the heading of the Grounds of Appeal and the plain words of the 7 May 1997 letter enclosed with them (see paragraph IV above).
6. Was Mr Mather acting as the European professional representative of ETC NV when he filed the Grounds of Appeal?
6.1. Again, this appears impossible to reconcile with the facts. Not only was he no longer in the employ of ETC NV when the Grounds of Appeal were filed, and not only had both companies expressed the view that his authorisation had been transferred, he was not (on his own evidence) authorised by even Europe BVBA as a professional representative until, at the earliest, 18. August 1997. It cannot even be said he was "constructively" authorised or instructed by ETC NV after 1 April 1997 by virtue of the General Authorisation No. 2049 since that authorisation was seen by both companies as having been transferred to Europe BVBA on 1 April 1997 - the clearly evinced intention was that from that date his authority came from Europe BVBA.
6.2. Article 1(1) of the Decision of the President of the EPO of 19 July 1991 (OJ 1991, 489) provides that a professional representative whose name appears on the list maintained by the EPO and who identifies himself as such shall only be required to produce a signed authorisation in certain circumstances set out in the Decision. This has no effect on the position in the present case. Even if, when filing the Grounds of Appeal, Mr Mather had identified himself as a professional representative, the question of which company he represented would, on the facts, still have arisen and, on those facts, would have been answered as in paragraph 6.1 above.
7. Was there a transfer of the right to oppose or appeal from ETC NV to another company between the filing of the Notice of Appeal and the filing of the Grounds of Appeal?
7.1. In its decision G 4/88 (OJ 1989, 480), the Enlarged Board of Appeal held in its Order that:
"An opposition pending before the European Patent Office may be transferred or assigned to a third party as part of the opponent's business assets together with the assets in the interests of which the opposition was filed".
It is clear the Enlarged Board was only considering a situation which fulfilled four conditions, namely:
(a) an opposition is pending
(b) which is transferred or assigned
(c) to a third party
(d) together with the assets in the interests of which the opposition was filed.
The reasons for the limited nature of this possibility of transfer appear clearly from paragraphs 5 and 6 of the Enlarged Board's reasons:
"5. The Enlarged Board considers that it falls outside the scope of the reply to the question at issue to examine whether an opposition could be transmitted or assigned independently of the existence of an interest in instituting the opposition, taking into account the provisions of Article 99(1) EPC.
It only appears to be necessary to examine the situation in which the opposition has been instituted in the interest of the opponent's business or part of that business. In this context the term "business" must be understood in a broad sense as describing an economic activity which is or could be carried on by the opponent and which constitutes a specific part of his business assets.
6. The Enlarged Board considers that, in such a situation, the opposition constitutes an inseparable part of those assets. Therefore, insofar as those assets are transferable or assignable under the applicable national laws, the opposition which is part of them must also be regarded as transferable or assignable in accordance with the principle that an accessory thing when annexed to a principal thing becomes part of the principal thing."
In referring to Article 99(1) EPC, the Enlarged Board was clearly mindful that this Article allows "any person" to give notice of opposition within nine months from the publication of the mention of the grant of a European patent. If an opposition could, after its commencement, be transferred unconditionally to a third party, a patent could in effect be opposed out of time by a person who did not exercise his right to oppose within the nine month opposition period. Any such "trafficking" in oppositions would be contrary to the legislative intent behind Article 99(1) EPC and a threat to the assumption by Contracting States of exclusive national jurisdiction over European patents at the end of the nine month opposition period.
7.2. The principle thus limited of permissible transfer together with the opponent's relevant assets has been applied, in addition to oppositions per se, to the right to appeal from an adverse decision of the Opposition Division (see T563/89, unpublished, reasons, paragraph 1.1). As regards such a transfer of an opposition appeal after it has been filed, in T659/92 (OJ 1995, 519, see reasons, paragraphs 1 to 3), Board 3.2.2. considered this to be possible but, in the case in question, found that there had not been a transfer of the opposition as "an inseparable part" of the opponent's business assets. There had been a "transfer declaration" relating to certain items of intellectual property including the opposition but not of the relevant business assets to which it related. The Board added (see reasons, paragraph 3.3):
"For business assets to have been acquired by virtue of universal succession with all rights and liabilities, a proper contract with [the opponent] would have been necessary. If the owner of the rights declares unilaterally that he has ceded positions in industrial property and the rights in opposition proceedings relating to a particular right, that cannot of itself effect universal succession by transfer of assets."
The Board shares the view of Board 3.2.2 that it is incumbent on those seeking the substitution by transfer of a new party to demonstrate by appropriate evidence that a transfer which complies with the conditions allowed by the case-law has taken place.
7.3. The Board has therefore to consider whether there is in the present case sufficient evidence of the transfer by ETC NV to another company of the right to prosecute the opposition appeal it began (by filing a Notice of Appeal) together with its relevant business assets. As a preliminary point the Board would observe that, if it were so to find, the right transferred would strictly-speaking be that of completing the filing of an admissible appeal since, on the facts of this case, any transfer would have had to take place between the filing of the Notice of Appeal on 13 March 1997 and the filing of the Grounds of Appeal on 21 May 1997. In T 659/92 (reasons, paragraph 2), Board 3.2.2 considered, in line with the decisions in G 4/88 and T 563/89, that "rights in a case may be transferred by a party to the proceedings at any stage of opposition appeal proceedings" subject to the condition of an accompanying transfer of related business assets. It appears to be an open question whether "any stage of appeal proceedings" includes the embryonic stage where an indication of intent to appeal has been given (by the filing of a Notice of Appeal) but all the steps required for formal admissibility, including filing the Grounds of Appeal in time by an adversely affected party, have not been taken; in other words, when an appeal as such has not come into existence but remains a possibility. The Board, without expressing an opinion on this question, will assume it as being answered in the appellant's favour.
7.4. There is evidence in Mr Mather's affidavit of the transfer, on 28 March 1997, of certain functions (referred to by him as "the laundry research functions") of ETC NV to Eurocor and of other functions (described as the "market research and sales management functions relating to laundry (and all patent service) functions") to Europe BVBA, in both cases "with the relevant personnel being transferred from being employed by ETC NV to being employed by" Eurocor or Europe BVBA respectively. Assuming, in the appellant's favour, such a transfer of "functions" and "personnel" amounts to a transfer of "business assets" as envisaged in G 4/88 and the subsequent cases referred to above, an immediate and very real legal difficulty arises - these transfers were on the appellant's own evidence not to one successor in business but two. Rather than identifying a "universal successor" (to use the expression of Board 3.2.2 in T 659/92), it is clear that in this case the business assets in respect of which ETC NV commenced its opposition were by the dual transfers of 28 March 1997 fragmented, some passing to Eurocor and the rest to Europe BVBA. The appellant makes no attempt to relate the opposition to one only of these two groups of assets; on the contrary by its arguments and requests (see paragraphs XI and XII above) it suggests that either the original opponent alone or both the original opponent and either one or both of the transferee companies should be treated as the appellant or "co-appellants". The Board cannot see any way in which this can, as a matter of law, be done.
7.5. On the one hand, if the original opponent has transferred the relevant assets to other companies, it no longer possesses the "business" (that is, the economic activity carried on by it - see G 4/88 at paragraph 5) in respect of which the opposition was brought and thus not having, as the party adversely affected by the decision under appeal, filed the Grounds of Appeal, it cannot in law have any further interest in the appeal. (That it retained a continuing interest in fact in the outcome, for example through the ownership of shares in one of the transferee companies, is considered below - see paragraph 12.)
7.6. On the other hand, in the absence of any evidence that one transferee only has succeeded to the relevant assets of the business (indeed, with clear evidence that both transferees have each succeeded to part of those assets), the result which would on the appellant's submissions follow, namely that there should be two or more appellants in addition to or substitution for the original opponent, is simply not permitted in law. Any person may oppose a European patent and any party adversely affected by the decision in that opposition may appeal, in both cases provided they pay the appropriate fee and file the necessary written Notice of Opposition or Notice and Grounds of Appeal within the time-limits set by the EPC (see Articles 99, 107 and 108 EPC). There is no scope to interpret those provisions as allowing further parties, after expiry of the time-limits and without payment of the appropriate fees, to become additional parties. That would clearly be contrary to the intention of the legislature which was to confine the jurisdiction of the EPO after grant to a nine month opposition period after which European patents fall into the exclusive national jurisdictions of the Contracting States. If a party which does not file opposition in that nine month period cannot thereafter become an opponent, it clearly cannot do so at the appeal stage when the qualifying condition of participation in the proceedings is no longer "any person" but the much narrower "any party to proceedings adversely affected by the decision" (see respectively Articles 99(1) and 107 EPC). Thus to preserve admissibility the transfer of an opposition, or opposition appeal, must be subject not only to conditions (a) to (d) in paragraph 7.1 above, including the condition that it is accompanied by the transfer of the relevant related business assets of the opponent, but also to the condition that such transfer is to one, and one only, successor party or transferee.
7.7. It should be added that, despite Mr Mather's affidavit evidence that the business assets of ETC NV were divided on 28 March 1997 between two successor companies with no indication that one only of those companies acquired the relevant business assets related to the opposition, the Board has considered the exhibits to his affidavit (notwithstanding they were filed out of time) to see whether they identify one of the successor companies as the only transferee of the relevant business.
7.7.1. Exhibit PGM1 is a report of an extraordinary meeting of the board of directors of Eurocor which Mr Mather describes as "showing the transfer of laundry research from ETC NV to Eurocor". PGM1 indeed evidences a transfer between those companies of what is described (in the English translation provided of the original Flemish document) as "a branch of activities containing the totality of asset and liability components, consisting of all activities related to research and developments conducted by the "Research & Development" department established at Strombeek-Bever, Temselaan 100.".
7.7.2. Exhibit PGM2 is a notary's attestation (probably the document referred to in the letter of 7 May 1997 - see paragraph IV above) described by Mr Mather as "showing the transfer of market research and sales management functions to Europe BVBA". The relevant text of PGM2 (again, in the English translation provided) records that ETC NV "has brought in a branch into the patrimonium of [Europe BVBA]... This branch consisted between others of the following departments: Human Resources, Advertising, General Administration, Finance & Accounting, Legal, Trademarks, Brand Management, Sales Management, Market-Research, Management Systems, Other Administration and Management Central Eastern Europe."
7.7.3. Exhibit PGM3 is a report of an extraordinary meeting of the board of directors of ETC NV relating to that company's change of name and corporate status in June 2000. It has no bearing on the events in 1997 which gave rise to the admissibility issue.
7.7.4. These exhibited documents do not take the matter any further, indeed if anything they increase rather than decrease the uncertainty as to the exact succession to ETC NV's business. Assuming, as appears likely and in the appellant's favour, "the Research & Development department" referred to in PGM1 can be equated with "the laundry research functions" referred to in the affidavit, this document simply confirms what Mr Mather says about the partial transfer of ETC NV's business to Eurocor. While the departments listed in PGM2 can similarly be broadly equated to what Mr Mather describes as "market research and sales management functions" transferred to Europe BVBA, the words "between others" suggest yet other un-named parts of the business were also transferred to Europe BVBA. The totality of the available evidence shows quite clearly the business of ETC NV was on 28 March 1997 divided into research and other "functions" which were transferred to Eurocor and Europe BVBA respectively. None of the evidence suggests a total transfer of the business, or of that part of the business to which ETC NV's opposition related, to one successor company. If it had been possible to identify the opposition as an inseparable part of one or the other parts of the business, that would no doubt have been made clear in the evidence. As T 659/92 makes clear (see paragraph 7.2. above), there must be adequate evidence of the transfer of the opposition and related business assets.
7.8. Accordingly it is impossible to place any construction on the available evidence (including, in the appellant's favour, evidence filed out of time and contrary to the Board's direction) which allows one person, party or entity to be identified as successor to ETC NV in keeping with the legal principles in the case-law of the Boards of Appeal relating to transfer of rights of opposition.
The appellant's arguments on admissibility
8. The Board now turns to the Appellant's arguments, as set out in paragraph XI above and will consider each in turn.
8.1. The appellant's first argument is presented as cumulative. It is said first that ETC NV properly filed the Notice of Appeal and has a continued interest in revocation of the patent as a shareholder in Eurocor - both those facts are correct, the first appearing clearly from the file and the second being apparent from Mr Mather's evidence. However, its continued interest in revocation would suggest ETC NV should have filed the Grounds of Appeal.
8.2. It is then said that, when the Grounds of Appeal were filed, Mr Mather who signed them had an authorisation from ETC NV - that appears incorrect for the reasons given in paragraphs 4 to 6 above but, even if it were correct, the facts clearly show Mr Mather was not exercising such authority when he filed the Grounds of Appeal since that was done by Europe BVBA (see paragraph 3.1 above).
8.3. It is then said those working at the Temselaan site always had an interest in revocation and all that has changed has been an internal reorganisation and changes of their employers' names - this appears from the evidence to be broadly correct but it overlooks the important facts that, first, the reorganisation was not "internal" within the original opponent company (ETC NV) but involved the transfer of that company's business to two different legal entities; and second, that neither of those entities can be identified as the only successor to ETC NV's business.
8.4. The next step in this argument is put in two ways, namely that ETC NV should be seen as continuing to be the party adversely affected by the decision under appeal and alternatively that ETC NV had the proper status to be appellant at the time the Grounds of Appeal were filed. Put either way, this is also as a statement of fact correct. ETC NV clearly was the person adversely affected at the time of the decision, and when the Notice of Appeal was filed, and when the Grounds of Appeal were filed but it was not, as Articles 107 and 108 EPC require, the party which filed the Grounds of Appeal.
8.5. It follows that the final step in this cumulative argument, that the appeal is therefore admissible and the Board no longer has to consider admissibility in accordance with Article 110(1) EPC, is untenable. An inadmissible appeal cannot be made admissible simply by saying the adversely affected party could have taken the step which would have made the appeal admissible when in fact it did not. The reference to Article 110(1) EPC is at best otiose and in fact fatal to the appellant's argument. Article 110(1) EPC simply says "If the appeal is admissible, the Board of Appeal shall examine whether the appeal is allowable". It follows from the very words of Article 110(1) EPC itself that, the appeal being inadmissible, allowability is not to be examined.
9. The appellant's second argument is that, Eurocor and Europe BVBA having each acquired an interest in revocation by reason of "the transfer of some of the interests that adversely affected ETC NV", one or both of those companies should become co-appellants. The words in which this argument is put expose its inherent flaw - that each of these companies only succeeded to some of the interests of ETC NV and the evidence is insufficient to show that either Eurocor or Europe BVBA, which filed the Grounds of Appeal, had at that time succeeded to the opposition together with all the relevant business interests of ETC NV of which the opposition was an inseparable part. In any event, there can be no possibility of these companies being co-appellants either with each other or with ETC NV. The reasons in paragraph 7 above apply equally to this argument.
10. It is then, as the appellant's third argument, said that there is no basis in the EPC for an appeal, if admissible when the Notice of Appeal was filed, becoming retrospectively inadmissible merely because of a change in the status of the appellant, provided the "Appeal" is then supported by proper "Grounds". Although, as the use of quotation marks around the word "Appeal" acknowledges, admissibility is strictly speaking not capable of assessment until the Grounds of Appeal have been filed, this statement is otherwise broadly correct. The appellant's difficulty lies with the proviso to its own proposition - that proper Grounds of Appeal must be filed. For the Grounds of Appeal to be "proper" they must inter alia be filed in time by an adversely affected party (see paragraphs 1 to 3 above). That did not happen in the present case and this argument offers no suggestion as to how in such circumstances admissibility can be established.
11.1. As to the appellant's fourth and last argument, it is said the first indication the appellant received that there was a potential objection under Rule 65(1) EPC was the Board's communication of 3 January 2001; that this was misread by the appellant as referring to authorisations and the actual discrepancy only became apparent at the oral proceedings on 10 January 2001; and that Rule 65(2) EPC gives the Board a discretion to make any necessary correction on an appropriate application by 24 January 2001, the letter of that date being such an application.
11.2. This argument proceeds from the wholly false assumption that it is for the Board to raise an objection to admissibility. Rule 65(1) EPC states:
"If the appeal does not comply with Articles 106 to 108 and with Rule 1, paragraph 1, and Rule 64, sub-paragraph (b), the Board of Appeal shall reject it as inadmissible, unless each deficiency has been remedied before the relevant time limit laid down in Article 108 has expired."
In the present case the only deficiency was that the Grounds of Appeal were not filed by the adversely affected party. Since they were filed on 21 May 1997 and the time limit in Article 108 EPC expired on 24 May 1997, the appellant had three days in which to remedy the deficiency.
11.3. Rule 65(2) EPC refers to none of the deficiencies mentioned in Rule 65(1) EPC but only to the provisions of Rule 64, sub-paragraph (a) EPC which requires the Notice of Appeal to contain the name and address of the appellant. If the Board notes a deficiency in the name and address in the Notice of Appeal, it shall communicate this to the appellant, invite the deficiency to be remedied within a specified period and, if that is not done, reject the appeal as inadmissible. Nothing in Rule 65(2) is applicable to the present case. No deficiency as to name or address appeared in the Notice of Appeal, so no need arose for the Board to communicate with the appellant under this rule. The wrong person then filed the Grounds of Appeal and the appellant failed to remedy this deficiency within the three days remaining to it to do so.
11.4. There was no obligation on the Board to communicate with the appellant at all as regards the defective Grounds of Appeal but, the appellant having subsequently done nothing about the deficiency, and the respondent having made no submissions on the point, it was only right for the Board to refer to it before the oral proceedings actually took place. That the appellant misread or misunderstood the communication and only realised the deficiency for the first time at the oral proceedings can only be the fault of the appellant. That the Board thereafter allowed the appellant a further fourteen days to file further evidence had nothing to do with Rule 65 EPC but merely reflected the fact that, at the oral proceedings, the appellant's representative could, even after an adjournment to take instructions by telephone, offer no satisfactory account of the factual events let alone an explanation which showed that an adversely affected party had filed the Grounds of Appeal.
11.5. Thus this final argument begins, as mentioned above, with the false premise that it is for the Board to raise an objection to admissibility and, as developed, contains no more than a mistaken view of the law as contained in Rule 65 EPC. Being misconceived both in its premise and detail, this argument cannot succeed.
Commercial interest in the outcome as a basis of admissibility
12.1. As is apparent from a comparison of what is said above about the appellant's arguments (paragraphs 8 to 11) with the attempts by the Board (paragraphs 4 to 7) to see whether, despite its prima facie absence, admissibility could be discerned, the appellant has, in dealing with the problem it faces, failed to distinguish between a deficiency in the formal requirements for an admissible appeal and the existence of an interest in the outcome of an appeal. Much of Mr Mather's affidavit and nearly all the written argument based on it is directed to showing that not only both the original opponent (ETC NV) and the apparent successors to parts of its business (Eurocor and Europe BVBA), but also those employed "at the Temselaan site" (whoever their employer may have been at different times) all had an interest in revocation of the patent in suit. The Board does not doubt such interests (whether deriving from shareholdings or employment or merely a common interest in litigation with competitors, namely the respondents) existed and still exist, but they are irrelevant to the legal question of admissibility of the appeal. Any company in the Procter & Gamble group, or any employee of or shareholder in any such company, could have opposed the patent but those who did not do so within the nine month opposition period set by the law thereafter lost the right to do so.
12.2. Under Article 99(1) EPC "any person" may oppose a European patent: no commercial or other interest whatsoever need be shown. If the opposition fails, the opponent can as an "adversely affected party" appeal under Article 107 EPC: again, no commercial or other interest is required. The conditions of appellant status which make it narrower than that of opponent status are the need to have been a first instance party and to be "adversely affected". The only intrusion of commercial interest into the legal position is that produced by the case-law of the Enlarged Board and Boards of Appeal (see paragraph 7 above) which confirms that the transmission of rights to oppose or to conduct an opposition appeal to those replacing, by entire succession in business, the original opponent or appellant is admissible since in this situation all the relevant assets, of which the opposition or appeal rights are inseparable parts, are transferred to the successor company. Without that limiting commercial interest, the conditions of Articles 99(1) and 107 EPC (not in themselves onerous) as to time limits, fees and grounds for opposition or appeal could be by-passed. The right of transfer is circumscribed by the legal principle expressed by the maxim nemo dat quod non habet (no-one can give what he does not have). Thus merely demonstrating a commercial interest in the outcome of the proceedings cannot in itself correct a deficiency in admissibility.
The appellant's request for further oral proceedings
13. The appellant's request for oral proceedings before any decision on admissibility other than allowance of one of its requests is misconceived. As a matter of law, the right to oral proceedings is not to two oral proceedings on the same subject (see Article 116(1) EPC, second sentence). Any further oral proceedings on the issue of admissibility would therefore be a matter for the Board's discretion. The appellant has had ample time and opportunity for over three years to prepare and present its arguments and indeed was, at its own request, given the further opportunity following the oral proceedings to submit evidence on the very issues raised at the oral proceedings. Had the further evidence indicated, in accordance with the Board's direction, an adversely affected party or acceptable successor in business as a party claiming to be the appellant, the Board would have invited the respondents to file evidence and/or arguments in reply and further oral proceedings thereafter might have been appropriate. However, since the appellant has not been able to use the "last chance" it asked for to overcome its own inadmissibility difficulty, no further proceedings, whether written or oral, are required. An opportunity for clarification having been given and no issue requiring further proceedings having resulted, the request is refused (see T547/88, unpublished, reasons, paragraph 2).
The appellant's requests as to admissibility
14.1. As to the requests in the appellant's letter of 24. January 2001 (see paragraph XII above), it is questionable whether these are themselves admissible at all. The Board's direction made at the oral proceedings on 10 January 2001 was to file evidence by 24 January 2001 to show that the party now claiming to be the appellant is adversely affected by the decision under appeal. In other words, the Board required the appellant to show that either the original opponent or some other party demonstrating a sufficient right to replace that opponent could be the appellant. As explained above, that has not been done; instead the evidence and arguments now put forward seek to identify three companies as possible appellants and the requests in the letter of 24 January 2001, expressed to be made on behalf of each of those companies, in effect ask the Board to name one or more of those companies as appellant and/or "co-appellants". In the light of the Board's direction which, as the nature of the requests illustrates, has not been complied with, it is at least arguable that no such requests can be entertained. However, to the extent they can be dealt with at all, the Board holds as follows.
14.2. Main request - that the appeal proceed in the name of ETC NV and be declared admissible.
The Grounds of Appeal not having been filed by ETC NV, the only party adversely affected by the decision under appeal, this request cannot be allowed.
14.3. First auxiliary request - that the appeal proceed in the names of ETC NV and Europe BVBA and be declared admissible.
This request is, as regards ETC NV, no more allowable than the main request for the same reason. As regards Europe BVBA, this company could only become party to the appeal if it could be shown that it, and it alone, had acquired the right to pursue the appeal together with the related business assets of ETC NV. That not having been shown, it cannot take the place of the adversely affected party. As regards the suggestion that both companies be parties together to the appeal, this is impossible for the reasons in paragraph 7.6 above. This request cannot be allowed.
14.4. Second auxiliary request - that the appeal proceed in the names of ETC NV and Eurocor and be declared admissible.
This request differs only from the first auxiliary request in that Eurocor and not Europe BVBA is put forward as "co-appellant" with ETC NV. For the same reasons as the first auxiliary request, it cannot be allowed.
14.5. Third auxiliary request - that the appeal proceed in the name of one or more companies identified in Mr Mather's affidavit and be declared admissible.
It must follow that, if the earlier requests in the name of each of the companies in question is not allowable either as regards the individual companies or in the combinations sought in those requests, there is no merit in any further combinations which might be considered, even if (which is not the case) "co-appellants" in the sense meant by the request were allowable. Further the request amounts to an attempt by the appellant to abdicate to the Board the election to which it was put by the Board's direction at the oral proceedings on 10 January 2001. The Board knows of no principle of procedure in any legal system which permits a number of putative parties to litigation to ask a tribunal to select one or more of them to be party or parties to a case before it. The request is at the very least vexatious if not an abuse of procedure. In any event, it cannot for the reasons already given lead to the recognition of any party as appellant.
15. Accordingly, the Grounds of Appeal not having been filed by the party adversely affected by the decision of the Opposition Division of 14 January 1997, no sufficient evidence having been produced or argument advanced to show why any other person should take the place of that party in the proceedings, and there being no construction which can be placed on the facts which can lead to any other conclusion, the appeal must be dismissed as inadmissible.
For these reasons it is decided that:
The appeal is dismissed as inadmissible.
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Mon Apr 14 2014, 8:00pm
Cat 1: $248.00
Cat 5: $98.00
Back on the road again for yet another amazing round of performances, the multi-platinum selling artist, five-time Grammy winner and music icon Lionel Richie is bringing his greatest romantic ballads and dance worthy pop tunes to Singapore in the one-night only “All The Hits All Night Long” concert.
Lionel Richie rose from humble beginnings in Tuskegee, Alabama, to become one of the most influential figures in music. The veteran chart-topper was a singer, songwriter and frontman of the legendary band, The Commodores, with hits including “Brick House”, “Too Hot To Trot” and “Machine Gun.” He also wrote classic ballads while in The Commodores, including “Easy”, “Sail On” and “Three Times A Lady.”
An Oscar and Golden Globe winner, Lionel Richie went solo in 1982 and dominated the decade with hits like “All Night Long”, “Hello”, “Truly”, “You Are”, “Say You Say Me”, “Ballerina Girl”, “Running With The Night” and “Dancing On The Ceiling.”
His latest album, Tuskegee, featuring duets with country superstars including Tim McGraw, Willie Nelson, Blake Shelton and Shania Twain, went to No.1 on the Billboard chart, and sold more than one million copies.
Catch Lionel Richie live this April and sing along with his decades of smash hits!
Lionel Richie “All The Hits All Night Long” is proudly brought to you by UnUsUaL Entertainment, with arrangement by Dainty Group.
TGIF Music Station
Singapore Chinese Cultural Centre, Tanjong Pagar, Singapore
Fri Aug 2 12:30pm – more dates
Drama Centre Theatre - Black Box, Museum, Singapore
Thu Aug 15 8:00pm – more dates
Ion Orchard, Orchard Road, Singapore
School Holiday Fun
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Former forward Alan Lee on Huddersfield Town, Play-Off penalties, Andy Murray and Johanna Konta
A tennis enthusiast throughout his football career, the ex-player gives his view on David Wagner's men as well as Wimbledon
Alan Lee reflects on Huddersfield Town, Andy Murray and Johanna Konta for the Examiner.
Ex-footballer Alan Lee may be preparing for the new SkyBet Championship season with Ipswich Town but he will still have one eye on SW19.
That’s because throughout a career spanning nearly 20-years, the former forward has tried to combine his footballing prowess with a keen interest in tennis.
Even after being released from Huddersfield Town in May 2013 after three years at the club, Lee consoled himself by entering the Sellers International Open tennis tournament in Edgerton the following month.
Simon Trevitt: Today's Huddersfield Town a million miles away from my day
Now 38-years-old, the former Republic of Ireland forward then called game, set and match on his time in West Yorkshire to join Mick McCarthy’s Academy Staff in Suffolk where he has remained ever since.
And although Lee’s physical approach on the football field may have curtailed his extra-curricular tennis activities, he still watches the game and, in particular, Wimbledon with intent.
During his time at Huddersfield Town, Lee quickly became a fans’ favourites for his battling displays and, as well as featuring in the club’s two successive League One Promotion final Play-Offs, scored nine goals in 80 league appearances.
The Examiner catches up with the Irishman ahead of Andy Murray’s quarter-finals clash against American Sam Querrey tomorrow morning for his view on this year’s Wimbledon tournament and, of course, Huddersfield Town.
Andy Murray celebrates victory against Benoit Paire during the Wimbledon Tennis Championships.
So Alan, what do you make of Andy Murray’s chances of retaining the Wimbledon trophy?
Well he’s moving like I do these days – with a bit of a limp! He doesn’t look in great shape to be honest but if he can play his way through it then he’s got a good chance.
He has home advantage and the experience of centre court behind him plus the fact Rafa Nadal is out will be a real bonus.
Also, his body language has always been a little bit deceptive – even when he is doing well, it appears to be a little negative so perhaps there is nothing to worry about.
Former Huddersfield Town forward Marcus Stewart reveals why he left the club
And Johanna Konta – has she got a real chance?
With Serena Williams not there, I don’t see anyone dominating – the women’s game is a lot more open.
She has a chance, and is certainly not a flash in the pan player, gradually coming up the rankings over the last few years.
Johanna Konta celebrates victory over Caroline Garcia during the Wimbledon Tennis Championships.
Moving back to football, what do you make of Huddersfield Town’s achievements last season?
It’s wonderful for the club and the fans and I am absolutely delighted for them.
They signed a couple of exceptional players last summer, remained largely injury-free and had a bit of luck along the way, but they generally deserved it.
The chairman has always invested wisely and he’s got a great head coach, whom he has backed, and I think the key thing is that everyone is on the same page going forward.
Former Huddersfield Town hard-man Darren Bullock in tears over Wembley Win
And they got promoted via penalties in the Play-Off final as well – how does your experience with Town in the knockout competition compare?
You do not enjoy a single moment of it until the end when you are promoted and then you can celebrate - or go home dejected in defeat.
I remember when I missed my spot-kick in the 2012 League One Final against Sheffield United I walked back to the centre circle and just wanted the ground to swallow me up.
If the club didn’t get promoted in the end I think I would have quit football there and then - it meant so much to everyone.
I can’t think of anything worse than to be beaten on penalties – the despair and the shame of it.
It’s a great spectacle and a bit easier to watch if you are a bit removed from it, but looking at the camera cutting away to everyone – the chairman and the fans, no-one is ever enjoying the game.
It’s fantastic television but it’s horrible being part of it because there is so much riding on the occasion.
Former Huddersfield Town defender Simon Trevitt questions modern-day academy set-up
Do you think Huddersfield Town can escape the drop in the Premier League next season?
Alan Lee celebrates scoring against Arsenal during the FA Cup 4th Round tie at the Emirates, February 2015.
It’s really hard to get out of the Championship and survive in the Premier League but you look at the likes of Burnley and AFC Bournemouth so you know it can be done.
Town have spent a bit of money so far this summer but they’ve earned the right to do so and I think their recruitment process has not only been good but in proportion.
A good start is particularly crucial – there’s a tier of six or seven clubs with world class squads and Town will be looking to not only stay in the league but gradually build to be in that mid-table group just below bigger sides.
If the summer's tennis action has encouraged you to play, why not visit MyLocalPitch , a website supported by Alan where you can find places in the UK and Ireland to hire in order to play a number of different sports including tennis, squash and football.
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Home | Fishing | The Asian Carp Issue
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It is not a secret that large populations of Asian Carp are found in Kentucky Lake and Lake Barkley. There are several different kinds of Asian Carp, but the most abundant in our lakes are Bighead Carp and Silver Carp.
What Are Asian Carp?
The term "Asian carp" refers to the Bighead Carp (Hypophthalmichthys nobilis), Black Carp (Mylopharyngodon piceus), Grass Carp (Ctenopharyngodon idella), or Silver Carp (Hypophthalmichthys molitrix), originating in Asia.
Earning the title of "injurious wildlife," there is an all-out war on these fish to contain, control, and, if possible, eradicate them from U.S. waters all together. Federally regulated, it is illegal to import, export, or transport Asian Carp between states without a permit.
Grass Carp were the first to be introduced into the United States in 1963 by the U.S. Fish and Wildlife Service (USFWS). They were used in controlling aquatic weeds and phytoplankton in aquaculture. The move proved to be successful, and over the next decade federal agencies and universities encouraged the spawning and stocking of grass carp.
It was seen as a biological triumph to discover a non-chemical solution for the weed issue in fisheries.
The first accidental release of the carp into the wild occurred at a USFWS lab in Stuttgart, Arkansas. Only six years after that initial accident, Grass Carp were present in 16 states, as well as established in the Mississippi River System.
A non-reproductive version of the Grass Carp (referred to as a "Triploid Grass Carp") strictly monitored by the USFWS is still used for weed control today.
Grass Carp can eat up to 100 percent of their body weight in plant matter a day. They can reach 59 inches in length, 99 pounds, and can live over 20 years. Grass Carp only digest about half their food, excreting the other half as waste, aiding in the growth of algae blooms.
Black Carp feed on small invertebrates, snails, and mussels, can weigh up to 71 pounds, and measure up to 59 inches long. They were brought in unknowingly in shipments of imported Grass Carp. Although Black Carp have not "officially" been established in the U.S., they pose the greatest threat to the Great Lakes area.
Sighted in the Gulf Coast, Missouri, and Illinois, officials worry that if they were to make it into the Great Lakes, the already much-threatened mollusk population would be wiped out.
Bighead Carp, also introduced for algae control in fisheries and sewage treatment plants in the early 1970s, were found in open waters by the early 1980s. Preferring zooplankton (tiny aquatic animals) for food over phytoplankton (tiny aquatic plants, namely algae) dampened their success in aquaculture and increased their damaging effects in open waters. During the mid-1990s, they experienced a population boom, crowding out native fish such as the bigmouth buffalo and shad, who also feed on zooplankton. Bighead can weigh up to 100 pounds and measure up to 60 inches in length.
Silver Carp, the fastest growing of the group and the most prevalent in Kentucky and Barkley Lakes, can weigh up to 110 pounds and measure up to 39 inches long. Known for their ability to launch themselves up out of the water, the fish can "fly" up to 10 feet in the air when startled by boat motors.
Skiing in waters where Silver Carp are prevalent is dangerous, and many injuries involving broken bones have occurred. Damage has also been caused by the fish colliding with boats themselves, resulting in broken equipment. Feeding mostly on algae, Silver Carp compete with larval fish and mussels, who need the same food to survive.
Not to be confused with the bottom-feeding, barb-faced, Common Carp, Asian carp are entirely different.
Although Common Carp are also a nuisance, they don’t hold a candle to the enormous (and enormously hungry) Asian Carp that are wiping out plants and zooplankton, wreaking havoc on the food chain and thus entire ecosystems.
Why Should We Care About Asian Carp?
Asian carp have no natural predators. Some females are able to produce one million eggs annually. This, combined with the fact that they feed on the bottom of the food chain, poses tremendous threats to native fish and the economies depending on those fish.
The problem became apparent in 1999 when the Mississippi River flooded. After a flood, it is normal to see dead fish washed up on the banks. After this flood, however, thousands of dead fish were found, and all of them were Silver Carp.
Although Asian Carp were originally only found in the southern part of the Mississippi, they quickly traveled north to the Kentucky Lake area. The Illinois Natural History Survey speculates that bighead (and possibly silver and grass carp) is doubling in number every year.
Catching carp is not as simple as baiting a hook and casting a line. Because carp feed on tiny animals or plants, they can’t be caught in the traditional way. Netting and even the poison rotenone have been deployed in efforts to capture the troublesome fish, but neither of these methods has proven successful.
Another problem lies with what to do with the carp once they are caught. People don’t want to eat them, so even if they were caught and processed, Americans don’t seem to be excited about seeing Asian Carp on restaurant menus any time soon.
Solutions to Asian Carp
There are those exploring other, more creative solutions to the carp problem. The Kentucky Department of Fish and Wildlife Resources (KDFWR) sponsored the first-ever Asian carp fishing tournament in the nation, called "Carp Madness", in March 2013. The two-day tournament yielded over 40 tons of carp.
Another tournament sponsored in June 2018 called "Carp Madness II: Bowfishing Edition" saw 10 tons of carp harvested by 81 boats. Thousands of dollars of prize money was offered during the event.
The KDFWR has three crews with one stationed in western Kentucky dedicated to efforts of eradicating aquatic nuisance species and Asian Carp.
According to the KDFWR's website, these crews "head state efforts to assess movement habits of the carps using sonic telemetry, they annually are assessing carp abundance relative to other fish species in the Ohio River, and they are on the water every week with a goal of removing every Asian carp they can find."
The KDFWR goes on to say "KDFWR is leading efforts to begin testing harvest methodologies and new sound and pheromone technologies developed by the USGS that will help us and the commercial industry harvest more fish. Our goal is to find ways to enhance Asian carp processing businesses; our most important resource concerning large-scale removal of these invasive fish."
Researchers are planning to experiment with a riverbed bubbler and sound system to attempt to slow the spread of Asian Carp. This project was recently announced for the Cumberland River below Barkley Dam as an environmentally-friendly way to block passage of Asian Carp upstream. You can read more about the project here.
Another approach to the carp problem has come through an attempt to give the fish some good PR. A name change has been suggested to glamourize the fish in hopes it will entice diners to order. How about some "Silverfin" or "Shanghai Bass" as your main course this evening? According to the U.S. Department of Agriculture, the fish have a wonderful texture and, despite being a bit on the bony side, they are relatively easy to prepare. They are a white fish, and because they are filter feeders they don’t have the muddy taste that accompanies bottom feeders. They are also low in fat and contaminants.
Asian Carp Have Not Destroyed The Fisheries
Rumors of Kentucky Lake and Lake Barkley's demise as fisheries have been greatly exaggerated. No doubt Asian Carp have certainly made an impact on fishing, but to listen to some, one might think the lakes are a vast wasteland.
While the Asian Carp issue must continue to be dealt with, anglers in the meantime may need to change some of their old habits that once brought them fortune. Instead of throwing in the towel, putting up your tackle for good, or moving away to another lake forever, try some new tactics. Hire a fishing guide and learn new ways of catching those slabs.
As with everything in life, you have to adapt and evolve. But the fight to rid Asian Carp will remain.
2018 Annual Performance Report for Asian Carp Research (Kentucky)
KDFWR Asian Carp Information
< Kentucky Lake Fishing
< Kentucky Lake Fishing Reports
See Our Kentucky Lake Area Cabins
Take A Kid Fishing
Photo by Shawn Dunnaway
These boys had a blast bank fishing on Kentucky Lake. Take your kids on a fishing trip to Kentucky Lake and Lake Barkley!
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How an Army of Techies Is Taking on City Hall
Still waiting for a full reboot in Washington, D.C., an army of citizen techies is redefining civic engagement on a hyperlocal level.
By Anya Kamenetz long Read
Ben Berkowitz had a problem. His block of State Street, an expanse of charming storefronts and wood-frame houses that stretches from the border of Yale’s campus into New Haven’s grittier East Rock neighborhood, kept getting hit with graffiti. The 31-year-old did everything a good citizen was supposed to do: He called the city. He left multiple voice mails. He urged his neighbor to speak up. Eventually, he founded the Upper State Street Association to foster neighborhood pride. But still, the spray paint lingered. “I was feeling that helplessness when you’ve left three messages, you don’t know what the resolution is going to be, and you don’t have a way to hold anyone accountable,” he says.
A programmer by trade, Berkowitz sought a technological outlet for his frustrations. What if reporting graffiti or a broken traffic light or a clogged storm drain was as easy as snapping a photo with your mobile phone? What if that report was sent directly to all the groups that might give a damn, including city hall, the police department, the local utility company, and the neighborhood watch? Even better, what if all your neighbors could see those nearby reports and lend their own voices to apply pressure and get problems fixed? His solution, SeeClickFix, launched in beta in March 2008.
This open 311 has transformed the dialogue between residents and government in New Haven. That spray paint on State Street is gone — and 2,700 other user-submitted community problems have been dealt with as well. New Haven’s mayor, John DeStefano Jr., notes that the system reduces departmental redundancies in tracking and fixing a problem. He asked the local Department of Transportation, Department of Public Works, and police department to respond to complaints logged via SeeClickFix. DeStefano is such a fan that he sent letters to 100 U.S. mayors, urging them to consider the system.
“I had a Google alert on ‘pothole’ for awhile,” says Berkowitz. “I always say that potholes are the gateway drug to civic engagement.” SeeClickFix now operates in thousands of communities, from the usual suspects like San Francisco and Washington, D.C., to Dallas, Detroit, and smaller towns across Connecticut and western Massachusetts. Hundreds of thousands of people have participated; this October, there were 61,000 active issues on the site. In Boston, which built its own SeeClickFix-like platform, people can send concerns straight from their mobile phones to the dashboard computers of public-works trucks, meaning a click in the morning can lead to a repair by the afternoon.
Advocates of this kind of public-spirited innovation, typically known as “e-government,” “we-government,” or “gov 2.0,” say they’re employing social media and mobile technology to build not only a more responsive, collaborative, and effective government but also a more engaged citizenry and a richer civic life.
This January, a new organization called Code for America, with support from Yahoo, Microsoft, and others, will launch, aiming to leverage the idealism of a generation of young programmers, this time from within city hall. Modeled on Teach for America, it could not have arrived at a better time, given that budget deficits — half a billion dollars in L.A., nearly $655 million in Chicago, $3.8 billion in New York — are killing city services around the country. “This transcends political ideology,” says Jennifer Pahlka, Code for America’s founder. “One thing that people of different backgrounds can agree on is that government needs to get better.”
Like web 2.0, gov 2.0 is a term coined by Tim O’Reilly, the founder of O’Reilly Media, who’s had a hand in almost every important web trend of the past 20 years. “An innovation bubble around open government has opened up over the last few years,” he says, pointing to 2005’s ChicagoCrime.org, the second-ever Google Maps mashup, which tapped the city’s crime blotter. Enthusiasm for this vision of a more open, participatory, and wired government coalesced around the 2008 election with the massive online movement built for Barack Obama by, among others, Blue State Digital cofounder Clay Johnson and Facebook cofounder Chris Hughes.
On his very first day in office, January 21, 2009, President Obama signed the Memorandum on Transparency and Open Government, calling on all federal government agencies to begin mapping out how to make valuable information available online and solicit public feedback. Since then, though, advocates have bemoaned the pace of progress in D.C. The response to this call for open data has been uneven; some agencies, such as the EPA, released robust blueprints for becoming more responsive and transparent, while others have resisted any plan. Some high-profile gov 2.0 appointees have already left their government posts. “We are 20 months into the administration, and it’s time for us to begin to see some of this stuff,” says Ellen Miller, executive director of the Sunlight Foundation, the most prominent transparency advocate in Washington.
But transparency activists and programmers aren’t waiting for a superman to emerge from the capitol. Instead, folks like Pahlka are making gov 2.0 happen now — at the local level. A funny, down-to-earth, divorced mom who looks and sounds much younger than her 40 years, Pahlka is new to social entrepreneurship. Her background is in events, running the Game Developers Conference and then launching the Independent Games Festival. More recently, she worked for TechWeb, producing the Web 2.0 conference with O’Reilly Media.
In 2009, while she was working with O’Reilly on the Gov 2.0 Summit, she heard from Andrew Greenhill, chief of staff to the mayor of Tucson — who happened to be married to her childhood friend Valerie. “I was tweeting and blogging around gov 2.0,” says Pahlka, “and Andrew was telling me, ‘You need to pay attention to the local level because cities are in major crisis. Revenues are down, costs are up — if we don’t change how cities work, they’re going to fail.’ “
Greenhill, a Vassar graduate with a master’s degree in English who spent two years with Teach for America, may not seem like the most likely tech advocate in government. But he had brought a customized version of SeeClickFix to Tucson, and had also helped introduce a Live BusTracker app. In 2009, he cofounded OpenTucson, a not-for-profit dedicated to developing more apps for the community. His motivation is as much financial as techno-utopian. “Our entire general fund budget was at one point about $493 million. Now it’s down to $443 million, and we’re facing a $51 million deficit in fiscal year 2012,” he says. “The application of technology in government can do as much as anything to make government more efficient and effective, more transparent, and more participatory and collaborative.”
Greenhill and Pahlka began discussing the outlines of what eventually became Code for America, a one-year fellowship recruiting developers to work for city government. They decided that any potential fellows would have to go through a rigorous application process, and that they would be equally ruthless in demanding buy-in from the cities they worked with. Only then would programmers be embedded in city hall, to spend a year working closely with city managers to design web solutions to public problems.
While knee-deep in planning, Pahlka attended Transparency Camp West, a brainstorming “unconference” held at Google’s Mountain View campus by the Sunlight Foundation. “I was late that day because I was busy registering Code for America’s domain name,” recalls Pahlka. “I walked in at lunch and the first person I saw was Leonard Lin.” Pahlka pitched the idea to Lin, who had been working on civic-minded projects since selling his company, Upcoming, to Yahoo in 2005, and Lin immediately shared it with his tablemates — city employees who worked on technology for Palo Alto and San Francisco. Clay Johnson, then at the Sunlight Foundation, sat within earshot. “He overheard us,” Pahlka says, “and in his deep, booming voice, really loud, said, ‘I’ll fund you for that!’ ” (Code for America did get seed money from Sunlight; later funding has come from the Omidyar Network and the Knight and Rockefeller foundations.)
“I’m excited for Code for America,” says Johnson, who’s since left Sunlight to blog at infovegan.com. “I think developers are often treated like people who live in their basement and don’t get out much. The stereotype gets them out of having to contribute to society as much as their skills give them the capacity to. This is a chance to get a lot of really smart people involved in changing how government operates.”
In January, the first batch of 20 fellows will be assigned to Boston, D.C., Philadelphia, Seattle, and Boulder, Colorado. Proposals include a platform to connect public-school students, teachers, and parents (Boston) and a new online neighborhood watch (Seattle). To ensure that solutions don’t stop at the city limits, all the fellows and city managers will meet at the end of the year to share their programming code — and any lessons learned during 2011.
Pahlka thinks she can change what it means to work at city hall. “Right now, if you’re a talented developer or designer, government is what you go into if you can’t get a better job,” she says. “We’re hoping to change that story. The zeitgeist is already changing — Pew Research shows that millennials really do want to work in government. We’re giving them a way to try out public service.” Code for America fielded 362 applications for its first 20 slots, and the quality of applicants was high. Abhi Nemani, a 2010 graduate of Claremont McKenna College in Claremont, California, deferred a job offer from Google to serve as CFA’s director of strategy and communications. “Choosing Code for America is a risk,” says Nemani, “but an attractive one because of its optimism and originality. Its core idea is that a small group of talented, passionate, and, yes, risky individuals can change the world.”
If the geeks do take over city hall, the result may be something like what’s happening in the tiny town of Manor, Texas. Four years ago, the dusty Austin exurb of 6,500 didn’t even own a server. Today, it’s building a nationwide reputation as an early adopter, right down to putting “beta” on the town seal. “A lot of our innovation started out of a need to survive,” says Dustin Haisler, the town’s assistant city manager, chief information officer, and all-around tech mastermind. “We have no commercial tax base and dwindling property-tax values. We wanted to meet our needs now, but we didn’t want to finance technology — by the time you’re done paying off the debt, the technology is obsolete.”
So Manor uses its $107,000 tech budget to leverage citizen participation. It became the second city to fully adopt SeeClickFix for mobile phones. It partnered with the University of Trento, in Italy, to mount matrix bar codes, called “QR codes,” on all major city assets. Starting this winter, residents will be able to hold up their phone to, say, a maintenance truck and find out how much it costs and how quickly it’s depreciating. Zapping the QR code on a local historical battle marker or the town water tower (made famous by the film What’s Eating Gilbert Grape?) will send info to your phone for a self-guided tour.
Discouraged that only 15 or so people would show up to regular city-council meetings, Haisler partnered with Stanford University and tech company Spigit to launch Manor Labs, a website where citizens can propose and vote on ideas to improve the town. Since October 2009, hundreds of ideas have been submitted (“Please build Manor a grocery store…. Dollar General just isn’t cutting it!” is a top post, with 485 views), and roughly 2,000 people — nearly one-third of the town’s population — have voiced their opinions on the site. Six ideas have been implemented, including online bill payment of city utilities and an RSS feed for public-works orders. Citizens are encouraged to vote and comment with participation points, which can be swapped for city swag like T-shirts. If anyone ever gets to a million participation points (called Innobucks), says Haisler, that person will be named mayor for a day.
“Manor has triggered a movement of municipal innovation,” says Margarita Quihuis, a researcher at Stanford University, who worked with Haisler to cocreate Manor Labs. “It’s changing the way citizens and government behave toward each other, from the adversarial atmosphere of a typical city-council meeting to the kind of friendly constructive brainstorming that might go on at a design firm like Ideo. We launched this with essentially no money. We’re not talking about a New York City that has millions of dollars. If we can do it in Manor, that means 90% of America could do it as well.”
Another Manor Labs player who is bullish on the gov 2.0 business is Paul Plushkell, chief executive of Spigit, which designs idea-management software for companies such as AT&T, Pfizer, and Southwest Airlines and created CitizenSpigit, the software behind Manor Labs. “We have experienced a significant growth in interest from all levels of government,” Plushkell says, including city clients in Maryland and Arizona.
Meanwhile, Haisler, a 24-year-old father of three whose roots in the area date back to the 1800s, has been traveling the country talking about how technology has reenergized his tiny town. Manor recently extended a hand to the city of De Leon, in central Texas, to help it implement programs like Manor Labs, SeeClickFix, and better record keeping. “In government, the smaller you are, the more flexible,” he says, “the easier we can adapt and implement some great changes.”
Of course, for all the posts and enthusiasm, folks in Manor are still waiting for that grocery store. Logistics, combined with the reality of political stasis, can make gov 2.0 sometimes seem like a monorail of the 21st century, more hype than a real solution. And the talk of getting “smart people” involved in government can grate. Just as the infusion of thousands of bright-eyed Harvard and Brown grads into public-school classrooms for two-year stints has failed to magically transform school systems, there’s an inherent arrogance detectable in the idea that folks conversant in Ruby on Rails are somehow best equipped to deal with the intractable problems faced by cities across the nation, from crack vials in playgrounds to police brutality.
“One of my criticisms of gov 2.0 thus far is that there tend to be a lot of transit apps — Where’s My Bus,” says Nigel Jacob of Boston’s Office of New Urban Mechanics, a city-hall incubator for tech initiatives. “Those are good things, but we have a huge demographic of our city for whom their major challenge is getting access to high-quality food, or getting their kids into school. It’s not so much that the developer community doesn’t want to tackle hard issues, they just don’t know about them.” Entrepreneurs, he points out, are understandably used to solving problems for people like themselves, the largely upper-middle-class and educated. That’s why Jacob’s office is working to connect citizens who need help to the laptops of developers who can fix their problems, both online and through face-to-face meetings.
To spread beyond the early adopters, gov 2.0 will have to save real money for cities. While some e-government applications, like those that allow you to pay some speeding tickets online, do certainly save time and money, and others can improve the efficiency of city services from mass transit to EMTs, it’s hard to pin down how an app that encourages people to register more complaints with city hall will save a mayor serious cash. One solution Code for America is developing, in partnership with OpenPlans.org, is an open-software exchange called Civic Commons. The network allows cities and towns to share solutions by sharing code and avoid the pricey step of writing everything from scratch.
The biggest way gov 2.0 could cut costs would be to leverage mass participation not just through voice, but through action. “I’m interested in how citizens help each other and add value in a community and lessen dependence on government,” says Tucson’s Greenhill, “especially in difficult economic times like these.” Ideally, a civic app doesn’t just make public data more visible; it makes them actionable, allowing or inviting the public to make a positive contribution. For example, in New Haven, a local carpenter saw an open ticket on SeeClickFix for park benches in need of repair. So he grabbed his tools and fixed them himself.
But the community building that happens every day on the site — and the effect that can have on everything from crime rates to local perceptions of government — is harder to quantify in dollars and cents. Citizens in New Haven started using SeeClickFix more than a year ago to report pedestrian safety problems on the Court Street bridge in the Wooster Square neighborhood. When the economy took a dive, people began reporting muggings clustered around one area. Families with the same complaints used the site as a platform to connect with one another and to lobby both local businesses and the city for better lights in the area. Finally, neighborhood activist Karri Brady printed out the SeeClickFix reports and marched into city hall. The city responded by installing permanent solar lights. At the end of September, neighbors held a party on the bridge to thank the city and SeeClickFix. The side benefit of their successful campaign was the creation of a strong neighborhood organization that has since shifted its efforts to funding outdoor activities for kids.
Depending on your generation and your perspective, you might see this as the real-world equivalent of the generosity and public-spiritedness people show online in tending a site like Wikipedia, or simply the age-old tradition of being a good neighbor.
“At this point in the evolution of our society, neither big government nor small government is possible as an outsourced, packaged service that we simply buy and forget about,” Pahlka has written. “It just doesn’t work. We must all learn to pull weeds when we walk.” But is this really a feasible vision? “The way I feel about it is the same way I feel about most innovations,” says O’Reilly. “In the short term, they don’t live up to their promise. In the long term, you see how enormous the changes are.”
A version of this article appeared in the December 2010/January 2010 issue of Fast Company magazine.
Anya Kamenetz is the author of Generation Debt (Riverhead, 2006) and DIY U: Edupunks, Edupreneurs, and the Coming Transformation of Higher Education, (Chelsea Green, 2010). Her 2011 ebook The Edupunks’ Guide was funded by the Gates Foundation
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Club Lunch: Artificial Intelligence – The New Global Arms Race
Artificial Intelligence –
The New Global Arms Race
Professor Kam-Fai Wong
Faculty of Engineering, The Chinese University of Hong Kong
12:30pm for 12:45pm – Lunch
1:15pm – Address
Artificial Intelligence (AI) is rapidly becoming a key battleground between the US and Chinese superpowers and a critical sector in the high-speed development of the digital world. Russia, the UK, Canada and other are also rushing to catch up by boosting investment in AI. What is AI and why does it matter? How does China plan to win the race for dominance in AI? Professor Wong will answer these questions and more, and explain how AI is revolutionising the way we all live and work. That includes the work of journalists: advanced AI might make it easier for reporters to distinguish truth from rumour – or it might lead to journalists being replaced by robots. He will address a wide range of AI topics, sharing facts and figures about the latest global trends in AI. He will also talk about the problem of data credibility in the digital era and introduce his work in rumour detection.
Professor Wong’s research has focused on Chinese computing, databases and information retrieval. He was recently appointed as one of the first batch of 61 national experts by The Chinese Association for Artificial Intelligence (CAAI). He has published over 250 technical papers in these areas in different international journals and for conferences and books.
Speaker: Professor Kam-Fai Wong,Faculty of Engineering, The Chinese University of Hong Kong
https://www.fcchk.org/files/audio/20180807ClubLunch.mp3
Past Speakers Multimedia page
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at 8,500rpm
lb-ft
< 7 sec
0-124mph
Vehicle Gallery
LAFERRARI APERTA –
THE JOY OF OPEN-TOP DRIVING
Designed for Ferrari’s most passionate clients, the LaFerrari Aperta is the new limited-edition special series model, and just a few examples – all of them already accounted for – of this spider version of the acclaimed LaFerrari supercar will be built.
The intensive development work carried out by Ferrari’s technicians targeted the car’s chassis and aerodynamics and has produced a roadster that delivers the same performance, torsional rigidity, beam stiffness and drag coefficient characteristics as the coupé.
The Aperta retains the LaFerrari’s hybrid powertrain comprising an 800 cv 6,262 cc V12 (specific power output 128 cv/l, compression ratio 13.5:1) coupled with a 120 kW electric motor, for a total power output of 963 cv. The dynamic control systems integrated with the active aerodynamics remain unchanged.
FUTURISTIC AND ABSOULUTELY EXTREME CAR
The LaFerrari Aperta’s styling retains the essential characteristics of the coupé. It is a futuristic and absolutely extreme car that seamlessly marries form and function whilst still retaining clear links to classic Ferrari styling cues.
The only significant difference is the door rotation system: when fully open, the Aperta’s doors are now at slightly different angle than in the coupé version.
CHASSIS AND BODYSHELL
Because the car does not have a roof, Ferrari’s technicians had to focus all their ingenuity on the lower section which had to be reinforced because it is subject to different stresses caused by force lines which, in the coupé, converge in the upper part.
Thanks to a series of targeted modifications designed to reinforce that area to cope with the new stresses, allow the LaFerrari Aperta deliver the same torsional rigidity figure as the LaFerrari, thus putting the Aperta at the top of supercar category in terms of dynamic performance.
The aerodynamic challenge for the Maranello technicians was to retain the coupé’s signature speed. Their goal with the LaFerrari Aperta’s design was to achieve the same drag figure as the LaFerrari, even when driving without the hard top in place.
To effectively manage the hot air flow from the radiators through the bonnet, the angle of inclination of the radiators was modified. In the coupé, the radiators are angled to ensure that the air flow hugs the bonnet, but in the LaFerrari Aperta, the radiating masses are angled backwards to direct the air flows out along the underbody. This solution results in complete separation of the hot air from the flow reaching the cockpit, keeping temperature levels for occupants comfortable.
The new layout of the radiating masses made it necessary to create a duct that could channel air from the upper section of the front grille over the bonnet. This solution generates downforce depending on the variations in the flow momentum striking the car.
Furthermore, deflecting the hot air to the underbody also meant that the vortex generators needed to be redesigned. The front dam is now longer while the underbody surface around the longitudinal vortex generators has been lowered to boost the ground effect and thus the car’s ability to generate efficient downforce.
In terms of open-top aerodynamic comfort, an innovative integrated system was developed. The high-speed air flow that would otherwise enter the cabin from top of the windscreen is captured by an angled wind-stop fixed to the parcel shelf. The wind-stop is angled to channel the flow through spaces in the car’s interior structure before exiting at a slower speed behind the passenger seats. This delivers a level of interior comfort in line with other convertibles in the Ferrari range without increasing drag.
The LaFerrari Aperta’s powertrain, which is the same as the LaFerrari’s, uses hybrid technology. It couples an 800 CV 6262cc V12 with a 120 kW (163 CV) electric motor for a total output of over 960 CV.
Thanks to the HY-KERS system, it is the most high performance and efficient Ferrari ever built. Making full use of Ferrari’s F1 expertise with KERS systems further evolved for use on road cars, the HY-KERS guarantees perfect integration of the V12 and the electric motor, seamlessly blending the advantages of both. The high levels of torque available at low revs from the electric motor allowed the engineers to optimise the internal combustion engine’s performance at higher revs, thus providing exceptional, continuous power throughout the rev range and a maximum torque peak of 900 Nm.
Coupled with the F1 DCT, the electric motor was designed employing High Specific Power Density technology which enabled the engineers to drastically reduce weight and volume in relation to available torque. The result is performance figures comparable to those of the F1 car with the same torque density and the same
efficiency (94%) or, in other words, very limited power dissipation.
The 6,262 cc V12 is the most powerful naturally aspirated engine ever sported by a road-going Ferrari. It punches out 800 hp and spins to 9,250 rpm, to deliver absolutely extraordinary performance, fun behind the wheel and an unmistakable Ferrari sound. These unprecedented results are the product of meticulous honing of the engine’s volumetric, mechanical and combustion efficiency. To boost volumetric efficiency, the V12 employs continuously variable-length intakes – a mainstay in F1 engine technology until banned by rule changes – which optimise performance as a function of engine speed. Similarly, the torque and power curves are optimised across the rev range. The hybrid powertrain generates total torque in excess of 900 Nm: the instantaneous torque from the electric motor is employed at lower revs and V12 engine power and torque is optimised at higher revs.
The V12’s peak torque of 700 Nm is, in fact, developed at 6,750 rpm.
Like the coupé version, the LaFerrari Aperta’s active aerodynamics and hybrid system are integrated and constantly interacting with the car’s other dynamic control systems, resulting in unprecedented performance and unparalleled exhilaration.
Proprietary Ferrari algorithms guarantee optimal integration of the electric motor and V12 engine and thereby optimising dynamic behaviour. When the car is cornering, the HY-KERS keeps the V12’s revs up to ensure quicker response times to the accelerator pedal when exiting.
The Brembo brakes, which integrate with the energy recovery system, have lighter callipers with a specific design designed to guarantee perfect heat dissipation from the new carbon-ceramic discs.
Compare to the LaFerrari
By Ferrari
Ferrari Approved is a pre-owned certification program designed to help provide maximum security and peace of mind to owners purchasing Ferraris registered within the last 14 years
7 Year Maintenance
Genuine Maintenance is Ferrari’s exclusive program that helps to ensure that its vehicles are maintained to the highest level for maximum performance and safety.
Ferrari Financial Services is the company’s own financial services provider, created to enhance and facilitate the experience of purchasing a Ferrari.
Power Warranty
Ferrari introduces the New Power15 extended warranty programme which provides cover for Prancing Horse cars for up to 15 years from the date they are first registered.
All details are believed to be accurate, but we do not warrant or guarantee such accuracy. Vehicle information is based off standard equipment and may vary from vehicle to vehicle. Call or email for complete vehicle specific information.
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Adam McKay Planning to Make 'Step Brothers 2' But Not Very Soon
Source: Collider
Considering the fact that Anchorman 2: The Legend Continues didn't quite live up to the 10 years of waiting fans had to do in order to see it hit the big screen, it's probably a safe bet that director Adam McKay won't be heading back into sequel territory again anytime soon. And that's exactly right, but that doesn't mean the comedy filmmaker doesn't have plans to return to one of his more revered comedies. Collider recently sat down with McKay for a chat and asked about the potential for a sequel to the 2008 comedy Step Brothers starring Will Ferrell and John C. Reilly, and it's further along than you might have thought.
When asked about whether or not Step Brothers 2 would happen, McKay said:
“We have a whole story, an outline, that we’re happy with. We were ready to go, and you know the story of [how] we got the call on Anchorman 2. We’re not gonna do it now ‘cause we just did a sequel, I don’t wanna get into the sequel business too much. It was kind of a novelty to do one of them and it was certainly very interesting and I had never done anything like it. So I want to go make some original movies—or you know, The Big Short is an adaptation but do some different stuff. But who knows? Two to three years, three to four years. I mean the funny thing with 'Step Brothers' is if those guys are in their 50’s it still works, so we could easily return to that, but for now no sequels.”
So it sounds like the long process to get Anchorman 2 off the ground has McKay completely disinterested in sequels right now. That echoes the sentiments Will Ferrell expressed to Celebuzz last year on the same topic. Ferrell said they were planning a Step Brothers sequel before Anchorman 2 got off the ground, but since the latter ended up getting in front of cameras, they're not ready for another sequel just yet, "I think we're reticent to stepping into a thing where we're like, 'Oh, are we now just going to make sequels of everything we've done?' Maybe we're being too harsh on ourselves, but I would say not in the near future." So Step Brothers 2 could happen, but you're going to be waiting awhile.
Find more posts: Development, Movie News
I don't care that Anchorman 2 wasn't as good as the first, I don't know that anyone expected it to be. I still enjoyed the shit out of it. and I'm sure I will enjoy Step brothers 2.
Jon Odishaw on Oct 21, 2014
Filed under "cashgrab". Comedy magic is hard to duplicate. Trying to cash in on a successful comedy rarely produces a good sequel.
Brian Sleider on Oct 21, 2014
STEP BROTHERS is one of my guilty pleasure films. I completely recognize that it is not a good film, but I still love it.
Yea, it's not good. It's great!
Patrick on Feb 27, 2015
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Old Believers (1981)
In the 1660s Patriarch Nikon, the head of the Russian Orthodox Church, instituted reforms in Russian Orthodox ritual and usage. These included such things as the wording and number of prayers, the configuration of the hand when making the sign of the cross, the spelling of Jesus' name, and the like. Nikon's stated purpose was to bring the Russian Orthodox Church into closer alignment with the usages of the Greek Orthodox Church of his day, as he believed the Greeks surpassed the Russians in preserving ancient Orthodox tradition.
Whatever the merits of Nikon's position, it was opposed by millions of Russian believers. In the resulting Great Schism Nikon, most of the clergy, the Tsar and many common folk accepted the reforms, resulting in what is today commonly called the Russian Orthodox Church. Other clergy, along with millions of believers, rejected the reforms, sometimes choosing martyrdom rather than abandoning the old ways. For their adherence to the "old ritual" they became known as "Old Believers" or "Old Ritualists", and became subject to fluctuating levels of persecution over the life of the Russian empire and that of the Soviet Union.
Over the course of time, millions of Old Believers fled to the outskirts of the Russian Empire in search of greater religious freedom. Many crossed borders, or stayed put as borders moved around them, and as a result ended up in modern Poland, Ukraine, Romania, Bulgaria, Turkey and China. Some fled the country with the advent of Soviet power. Others stayed. Some groups adopted modern ways in everything but liturgical matters. Others maintained traditional dress, hairstyle, and folkways as part of their Old Believer practice.
Margaret Hixon's 1981 film documents a real-life wedding in the Old Believer settlements of Marion County, Oregon, in the years 1979 and 1980. The film briefly touches on a wealth of traditional arts (embroidery, clothing construction, weaving, vernacular architecture, folk song and foodways) and beautifully presents a whole series of rituals -- the "devichnik" (engagement party), "selling" the bride and her braid, the wedding feast, the bargaining over the dowry, and the ceremony of bestowing gifts and advice on the newlyweds. In English and Russian with subtitles or voice-over translations. (This descriptive material is from the website Old Believers In North America)
More About This Film
Old Believers in North America Bibliography, Old Believers
Teacher Guide for Old Believers
Transcript of Old Believers
Persons in the Film
For licensing, film rights and permissions, contact Margaret Hixon, the distributor Patricia Sawin, or Folkstreams.
Film by: Margaret Hixon
Produced by: Margaret Hixon
Cinematographer: Harry Dawson and John Stewart
Sound: Dan Adams and Glenn Micallef
Editor: Harry Dawson
©1981, Margaret Hixon
29 mins, Color
Arts & Crafts, TraditionalCostume/DressEthnic & Immigrant CulturesFamilyFestivals/CustomsRegional CulturesReligionWomen
Celebración del Matrimonio
The Amish: A People of Preservation
Mennonites of Manitoba
Finnish American Lives
People Who Take Up Serpents
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Green investment bank helps London power itself with food waste
UK GREEN Investment Bank (GIB) has announced a £7.5m commitment in the new £15m anaerobic digestion and green waste composting plant in Enfield which will generate power for 1,750 homes and produce compost for agricultural use.
The anaerobic digestion plant will be powered by 30,000 tonnes of food waste each year from the hotel, restaurant and retail trade which would have otherwise been sent to landfill.
The composting facility will also take garden waste from homes across London and turn it into compost. This along with the digested food from the anaerobic digestion process, will then be used as fertiliser by the farmers on whose land the new facility will sit, saving them an estimated £120,000 each year.
Shaun Kingsbury, chief executive, UK Green Investment Bank, said: "[The] announcement provides another demonstration of the attractiveness of anaerobic digestion infrastructure as an investment opportunity.
“The announcement of this new project follows the opening, last month, of London's first commercial-scale anaerobic digestion and composting facility which is now producing renewable energy and generating returns for its investors.”
The investment is being made via GIB's Foresight-managed fund, UK Waste Resources and Energy Investments (UKWREI).
Shaun Kingsbury continued to say: "I congratulate Foresight on securing the investment to construct this new facility, which will not only save thousands of tonnes of waste from landfill, but also generate a revenue stream from a resource that would have otherwise been thrown away."
Business Secretary Vince Cable commented: "This new plant will mean less of our waste going to landfill, less reliance on fossil fuels for energy generation and provides compost for the farmers whose land it is built on.”
The facility will generate 7,400 MWh of renewable electricity each year and is anticipated to save approximately 21,000 tonnes of CO2 per year, the equivalent of taking 9,500 cars off the road.
The developer, D Williams & Co Limited, will begin construction of the plant at the beginning of June 2014 on their own land at Cattlegate Farm and it is expected to be operational by Spring 2016.
Diageo turns whisky waste into heat
500% increase in UK food waste recycled by AD
GIB’s green business model branches outside of the UK
Funding for future energy technology announced
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Jay-Z Vs. Warren Buffett In The Forbes 400
David M. Ewalt Contributor
I focus on the intersection of games and technology.
Many weeks ago I mentioned on these pages something I'd worked on that was strange and awesome and I could not talk about, even though I was excited to tell the world. This is it.
Today everyone at Forbes is excited to present the new edition of the annual Forbes 400 -- our list of the richest people in America. As always, it tracks the movement of the super wealthy; on top this year yet again is Bill Gates, with an estimated net worth of $53 billion.
The Forbes E-book On Warren BuffettThe $59 Billion Philanthropist, chronicling 50 years of Buffett's investment savvy and unprecedented giving, is available now for download.
Gates on top is no surprise --but the cover story for the 400 issue is something new that I'm proud to be a part of. The first Forbes 400 Summit brought together the old and new school of American wealth; Warren Buffett, the most successful investor of all time, and Jay-Z, one of the most successful musicians ever. They met in Buffett's home town of Omaha, Neb. to share their different perspectives on success and wealth, and to talk about the social obligations that come with each.
Why Jay-Z? Shawn Carter, better known by his stage name, is one of the top recording artists in history, having sold approximately 40 million albums worldwide. In 2007, he tied Elvis Presley for the most number one albums by a solo performer; he went on to break the record in 2009. Today, only The Beatles have more number one records --19 to Jay-Z’s 11.
But Jay-Z's more than a musician. His artistic and public persona is tightly linked with entrepreneurialism. Born poor, he made his own fortune, and put it to productive use, building businesses and enduring products. He's founded companies including Roc-A-Fella Records and Rocawear; run others including Def Jam Records; and has stakes in businesses from pro basketball's New Jersey Nets to cosmetics retailer Carol's Daughter. With an estimated net worth of $450 million, we think he's a billionaire in the making --one of the 15 tech moguls, hedge-funders, athletes and entertainers with a strong chance of breaking into the Forbes 400 ranks this decade.
In the pages of this year's Forbes 400, Buffett and Jay-Z share their wisdom and talk about the future of American wealth. You can read some of their conversation here and watch video highlights of the meeting here. It's a fascinating discussion.
(For the record, the specific weird thing I'd done that I really wanted to talk about? Burning a mix CD of Jay-Z tracks for Steve Forbes. It's one of the strangest --and best-- moments I've had in ages.)
Click here for more stories like this
Click here to follow this author on Twitter
David M. Ewalt
I write about games and technology. I'm a primate and a skeptic. I have root access and I'm not afraid to use it. I'm a beer geek. I can make stone tools and arrowheads....
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House Of Representatives To Tackle Concussions In 2016
Nicole Fisher Contributor
According to the House of Representatives press release, it “will commence a broad review of these injuries and their implications in the New Year.”
Concussions are quite common in the U.S., easily resulting from everyday occurrences like car accidents, falls and domestic violence.
Three days before Christmas, and the release of Will Smith’s movie Concussion, Energy and Commerce Committee Chairman Fred Upton (R-MI) announced that in 2016 the committee will begin a review investigating the causes, effects, and treatments for concussions. According to the House of Representatives press release, it “will commence a broad review of these injuries and their implications in the New Year.”
Members of the Oversight and Investigations, Health, and Commerce, Manufacturing and Trade Subcommittees will work with stakeholders across the brain health world--including the National Institutes of Health , the U.S. military, professional sports organizations, collegiate sports organizations, researchers, scientists and medical experts--to learn more about brain function and injury. The goals include increasing the understanding of concussions and advancing neuroscience, while also cultivating collaboration between the various stakeholders.
Representative Fred Upton, a Republican from Michigan, right, listens during a House Energy and Commerce Committee subcommittee hearing. Photographer: Andrew Harrer/Bloomberg
This collaboration is key to success for any subcommittee gaining more information, as brain research, particularly in the traumatic brain injury (TBI) and concussion space, has been disparate for many decades. Primarily because there has not been much partnership between the stakeholders such as researchers, athletes, sports organizations, parents and policymakers have rarely combined forces. In fact, it has a lot to do with why a movie release has done more to draw attention to the subject than decades of neuroscience.
While research is currently conflicting about increased risks for brain injury and aging issues in athletes, the topic goes far beyond any sports field. Concussions are quite common in the U.S., easily resulting from everyday occurrences like car accidents, falls and domestic violence. Therefore, this is not just about sports; it’s about the overall advancement of neuroscience and understanding of the human mind and body.
According to Upton, “We often hear about concussions in the context of service members and athletes, but this problem goes well beyond the battlefield and the gridiron. It’s a matter of public health as these injuries are prevalent in all ages and across the population. Unfortunately, there’s a lot we don’t know about head trauma--how it effects different subsets of the population, the short and long term effects, and other details critical to developing effective diagnostics and treatments.”
What this ultimately means is that the 114th Congress will place an increased public awareness and taxpayer effort into brain health and injury. And, as the body of science and literature grow exponentially in the coming years, policymakers will now be involved every step of the way.
Follow me on Twitter or LinkedIn.
Nicole Fisher
Nicole Fisher is the founder and President of Health & Human Rights Strategies, a health care and human rights-focused advising firm in Washington, D.C. She is also ...
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Ordinary Grace: A Novel by William Kent Krueger | Chapter Compilation
Written by J. Morgan
Warning: False Copyright Claims will result in legal actions by Unlimited Press Works, LLC
Ordinary Grace is the first stand-alone novel written by St.Paul, Minnesota-based mystery writer, Kent Krueger. Like his best-selling Cork O’Connor mysteries, the setting of the book is in Minnesota, this time in early 60’s New Bremen. The book won for Kreuger, the Edgar Award in 2014, which is awarded to outstanding mystery fiction by the Mystery Writers of America. While classified as a mystery, most of the first half of the book is apparently devoted to character development, as well as making the reader settle into the pre-Vietnam war 60’s world of small-town, Midwest America. The mysteries evolve around the middle part of the book, as prior deaths and missing persons and artifacts begin to cause concern and dissension among the characters.
The novel is a fictional account of mysterious deaths in North Bremen, Minnesota. The main protagonists are members of the Drum family, led by the narrator, Frank Drum, a 13-year old boy, seemingly advanced beyond his years. In pre-Vietnam Minnesota, strange and tragic events are told in the first person eyes of Frank, who ends up in the middle of many situations that call for quick decisions, resolute action, and tragically, deception and cover up. The story begins with the mysterious train accident leading to the death of a 13-year old boy, followed by the discovery of a body, and the murder of a beloved citizen of New Bremen, cover-ups, and the twisting and startling conclusion that keeps the reader both guessing, and concluding, on the outcomes of events to the very last chapter.
The events are given life by the the curious assortment of characters in New Bremen, beginning with Frank’s pious Methodist minister father, Nathan, his imperious and detached wife, Ruth, down to Nathan’s stuttering younger son, Jake.
Available on PC, Mac, smart phone, tablet or Kindle device.
© 2015 All Rights Reserved by Unlimited Press Works, LLC
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Ivan Santos, President of the Banagreen Agricultural Corporation:
"Paying 1 dollar less per box of bananas not profitable for agricultural sector"
The president of Banagreen Ecuador has reacted to ALDI's stated intention to lower prices by saying that "this price wouldn't be profitable for the agricultural sector because costs increase year after year."
Ivan Santos said that ALDI didn't have to pay producers less to make more profits, but that they had to "review the excessive and abusive costs in raw material and services that different industries provide us with, such as the different increases in carton prices there's been this year, the high local cost of shipping lines and freight, among others."
He also said that Ecuador's banana was one of the most expensive bananas in the international market, which makes them lose competitiveness when compared to its neighbors. Santos said that they needed to continue promoting the sector, as it involves "hard work and support for the export sector, which is unprotected as the different control means are often scammed, but that always complies with its obligations."
Banagreen is a company that was created in Ecuador in 2010 by banana producers who saw the need to sell their products at a fair price and the need to satisfy customers or end consumers. In 2011 they saw the need to become marketers and exporters, placing their fruit in international markets.
"We aim to continue increasing our productivity, which is why we are in search of new markets and customers for our product. We would also like to invite the producers that wish to be part of our family and are committed to have a better future to work with us," Ivan stated.
ALDI's reaction
Laetitia Gruwel, from Tara Communicatie, a spokesperson for Aldi, said that, although "they would abstain from providing information about the current price negotiations with respect to specific products, they worked to establish continuous long-term business relationships with their suppliers."
In addition, she said that they always consider the quality of their products but also give "great value to responsible production processes, which are as important for us as the social and ecological standards throughout the supply chain. After all, acting in a sustainable and responsible manner is an essential part of our corporate policy and that is why we have established what responsible corporate governance means for ALDI in our Principles of Corporate Responsibility, which define a binding framework for us and our business partners."
In conclusion, Gruwel stated that "ALDI's pricing strategy is subject to the general market mechanisms, which means that suppliers send us offers as part of the defined bidding processes and our purchasing departments verify these offers to see if they are suitable for the market."
Publication date: 11/7/2018
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Friends of Ravenswood School (FORS) is a non-profit organization made up of parents and community members who work together with the administration, faculty and staff to raise funds, build community and facilitate communication for the benefit of Ravenswood Elementary School.
Learn More About Our Vision
Our efforts help turn today's students into tomorrow's leaders.
FORS was started with the intention of helping bring Ravenswood Elementary School to its full potential. We believe that a strong community can inspire its members to facilitate lasting and positive changes.
Learn More About Our Impact
Home middle
Home Test Vision
Home-Test-Impact
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Fuhrman and Dodge
Bankruptcy, Workouts, & Asset Protection
Ronald M. Trachtenberg
Ronald M. Trachtenberg concentrates his practice in real property and land use law utilizing his over 40 years of experience in land use, real estate, municipal, condominium, real estate development, commercial and business law, to assist in land subdivision and zoning approvals, as well as infrastructure and building construction contracts and real estate sales, purchases and leases for both commercial and residential properties. Ron is recognized in The Best Lawyers in America® in the fields of Real Estate Law and Land Use and Zoning Law. He has presented seminars in land use sponsored through the State Bar of Wisconsin and the University of Wisconsin-Madison and has acted as a mediator in real estate and land use matters through the Dane County Bar Association.
In addition to his vast professional experience in his practice area, Ron is the Chair of the Board of Directors of Madison Development Corporation. He served for eight years on the city council for the City of Madison, as the alderman for Madison’s far west side, serving as council president and as a member of Madison’s Board of Estimates, Plan Commission, Board of Public Works, Economic Development Commission and Community Development Block Grant Commission. He has also served on several committees for the Madison Metropolitan School District and hosted “District Reports” on the City of Madison cable access station for over a decade.
Ron is a member of the State Bar of Wisconsin and the Dane County Bar Association.
Subdivision and Zoning Law
Juris Doctor. – University of Wisconsin Law School, Madison, Wisconsin, 1976
Bachelor of Arts – Cornel University – 1969
Bar and Court Admissions:
State Bar of Wisconsin, 1976
U.S. District Courts for the Eastern and Western Districts of Wisconsin, 1976
Professional Associations and Community Involvement:
Madison Development Corporation
Ron and his wife of over 40 years, Ann, live on Madison’s west side and are the parents of three adult married children living in the San Francisco and Boston areas. Ron’s greatest enjoyments in the practice of law have been in the areas of new business and affordable housing development and representing religious institution in obtaining the necessary land use government entitlements for new and expanded facilities.
Copyright © 2019 · All Rights Reserved · Fuhrman and Dodge
Home | About | Services | Resources | Newsroom | Contact | Pay My Bill
Website by Makin' Hey!
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Home PoliticsTelangana News
Uttam for LS polls shows Cong weakness!
By Venkat Arikatla On March 20 , 2019 | UPDATED 01:15 IST
The decision of the Congress high command to field Telangana Pradesh Congress Committee president N Uttam Kumar Reddy from Nalgonda in the parliament elections to be held on April 11 shows how weak the party is in Telangana.
Apparently, the Congress party could not find a stronger candidate to fight the Telangana Rashtra Samithi, which has grabbed majority of the assembly segments in Nalgonda.
The party has only Uttam among the seven assembly segments under this parliamentary constituency. The only other Congress MLA – Chirumarthi Lingaiah from Nakrekal also joined the TRS recently.
Though the party thought of fielding defeated MLA Komatireddy Venkat Reddy, he did not evince much interest in Nalgonda. Instead, he preferred to move to Bhongir, where the Congress has considerable strength.
Moreover, his brother Komatireddy Rajagopal Reddy’s assembly constituency Munugode comes under Bhongir parliamentary constituency. Secondly, Bhongir was earlier represented by Rajagopal Reddy.
Uttam’s name was among the eight names announced by the high command on Monday night. In the first list released on Friday night, too, the party announced eight names.
However, Uttam is said to be not very much interested in contesting the Lok Sabha polls, because Nalgonda is not an easy seat to win and he has to pump in more money.
Secondly, if he loses the MP elections, it would bring down his image completely. Moreover, he is already an MLA from Huzurnagar.
“He told the high command that even if he wins the Nalgonda MP seat, the party cannot retain Huzurnagar assembly seat in the by-elections, as KCR is an expert in grabbing seats in the by-elections. He wants to continue in the state to save the party at a time when the MLAs are deserting it one after the other,” he told the high command.
But since there are no other takers, the high command insisted that Uttam should contest the MP elections. Even if he loses the polls, he has no problem, as he can continue as an MLA.
'YSR' becomes a buzz word in assembly!
Behind The Scene: All in the game
Tags: Congress Elections 2019 Komatireddy Venkata Reddy Uttam Kumar Reddy
iSmart Shankar's Shocking iSpeed Stuns Everyone
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Parent Child Interaction Therapy
Community Response
Supporting Early Childhood
Cheri Matthews – Board President
Cheri Matthews, received a B.S. in Teaching Prekindergarten-Kindergarten Children and Early Childhood Special Education from Iowa State University in May 1994, and a M.S. in Education, Curriculum and Instruction from Wayne State College in May 2009.
She is currently employed as an Early Childhood Special Education Teacher and Coordinator with Educational Service Unit #1. Her job duties include providing special education services to children (birth through Preschool) and their families as well as being the supervisor for the Early Development Network.
Angela Abts
Angela Abts, received a B.S. in Human Resources and Family Sciences with a major in secondary education from the University of Nebraska-Lincoln (UNL) in May 1998, and a M.S. in Youth Development from the Kansas State University in May 2006.
She is currently employed as an Extension Educator with the University of Nebraska-Lincoln Extension in Dakota County. Her job roles as an educator are to develop, implement, and evaluate research-based youth development educational programs (i.e. school enrichment, after-school/out-of-school programs, etc.) for the county, district, and state.
Angela has also worked as an Extension Agent with K-State Research and Extension in Pottawatomie and Sheridan counties and taught at the Ponca Public Schools as a Family and Consumer Science teacher.
Marian Burnett
Marian graduated from Loras College with a degree in Sociology and a LBSW.
She has been working at the Crittenton Center for the past 38 years. Marian is dedicated to helping families in need in all communities. Marian believes that Dakota County Connections is a great way to assist our neighbors in whatever their needs are because we are working together as a strong collaborative team.
DAVID FALDMO
David Faldmo has been working at the Siouxland Community Health Center in Sioux City, Iowa since 1992. He is passionate about the mission of community health centers and serving the underserved. As Quality Director, he enjoys working with others to improve clinical outcomes and in process improvement efforts.
In 2011, he completed the Community Health Center Executive Fellowship through the University of Kansas Medical Center. He loves attending Institute of Healthcare Improvement conferences and recently completed the University of Michigan’s LEAN Healthcare training course.
He obtained his Masters of Physician Assistant Studies from the University of Iowa in 1992, Bachelors of Science from Morningside College in 1990, and Associates of Arts from Dixie College in 1887. From 1984-1986, he lived in Samoa serving a church mission.
He was born and raised in Utah, but has lived in the Midwest since 1987. He has been happily married to his wife Robin for 29 years and they have 5 children. His hobbies include coaching his children’s youth basketball teams and watching and attending BYU sporting events. He resides in Jefferson, South Dakota.
SARAH DECK
Sarah Deck is the Dakota County Juvenile Diversion Coordinator. She graduated from University of South Dakota in 2008 with a Bachelor of Social Work degree and went on to earn a Master of Social Work from the University of Iowa in 2014. Sarah is passionate in her commitment to making Siouxland a safe and healthy community for all who call it home.
Maria A. Gonzalez has been a recruiter for Northeast Community College for over 9 years. She covers the states of SD and IA and small part of Nebraska.
She is a native of Mexico but grew up here in the Siouxland area. She has a degree in Business Administration from Briar Cliff University. She worked formerly for Tyson Foods as a Corporate Recruiter.
Jennifer Jividen Jackson grew up in South Sioux City and graduated college from Briar Cliff in 1999. Jennifer completed graduate school at the University of Louisville in 2001 with her Masters in Art Therapy. Jennifer is an Independently Licensed Mental Health Practitioner and the Executive Director at Heartland Counseling Services, Inc., the community behavioral health center for 11 counties in northern Nebraska. Jennifer has served as president of both the Kentucky Art Therapy Association and the Iowa Art Therapy Association; chair of the Education Programs Approval Board; and most recently elected as Secretary for the American Art Therapy Association. At the local level, Jennifer serves as a South Sioux City chamber ambassador, board member for Siouxland Coalition for Homelessness, and committee member for Leadership Dakota County. Jennifer and husband Rory have three children, Lochlin, Ireland, and Magdelyn and reside in Sioux City.
Stephanie Pickinpaugh is with the Institute for Community Alliances and works as the Project Manager for Coordinated Entry for the Siouxland Coalition to End Homelessness Continuum of Care. Stephanie’s primary role is to manage the development of Coordinated Entry in compliance with HUD’s standards. Stephanie’s facilitation of meetings and discussions with stakeholders in the community play a vital role in the development of this new system change. In addition to facilitation of conversations, Stephanie is also the author of the policies and procedures that will guide how the community serves those experiencing homelessness. Stephanie’s earlier system experience include working with IDEA and EDN in the State of Nebraska. Stephanie received her undergraduate in Human Service Counseling from Wayne State College and obtained a Master’s of Science in Psychology from Southern New Hampshire University.
Todd Strom is the Superintendent of South Sioux City Schools and a South Sioux City Resident. He has been married for 27 years to his lovely wife, Jill Strom. They have 2 children, Elijah and Hannah. Both are attending South Sioux City High School. Todd has been in the education profession for 28 years serving as a teacher, coach, principal, assistant superintendent and now superintendent. He is passionate about serving others, education, and community. His hobbies include attending school activities, fishing, hunting and spending time with family.
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