definition of employment

definition of employment Sec. 402. (a) Section 210 of the Social Security Act is amended by adding at the end thereof the following new subsections: “Service in the Uniformed Services “(m) (1) Except as provided in paragraph (4), the term ‘employment’ shall, notwithstanding the provisions of subsection (a) of this section, include service performed after December 1956 by an individual as a member of a uniformed service on active duty; but such term shall not include any such service which is performed while on leave without pay. “(2) The term ‘active duty’ means ‘active duty’ as described in section 102 of the Servicemen’s and Veterans’ Survivor Benefits Act, except that it shall also include ‘active duty for training’ as described in such section. “(3) The term ‘inactive duty training’ means ‘inactive duty training’ as described in such section 102. “(4) (A) Paragraph (1) of this subsection shall not apply in the case of any service, performed by an individual as a member of a uniformed service, which is creditable under section 4 of the Railroad Retirement Act of 1937. The Railroad Retirement Board shall notify the Secretary of Health, Education, and Welfare, as provided in section 4 (p) (2) of that Act, with respect to all such service which is so creditable. “(B) In any case where benefits under this title are already payable on the basis of such individual’s wages and self-employment income at the time such notification (with respect to such individual) is received by the Secretary, the Secretary shall certify no further benefits for payment under this title on the basis of such individual’s wages and self-employment income, or shall recompute the amount of any further benefits payable on the basis of such wages and self-employment income, as may be required as a consequence of subparagraph (A) of this paragraph. No payment of a benefit to any person on the basis of such individual’s wages and self-employment income, certified by the Secretary prior to the end of the month in which he receives such notification from the Railroad Retirement Board, shall be deemed by reason of this subparagraph to have been an erroneous payment or a payment to which such person was not entitled. The Secretary shall, as soon as possible after the receipt of such notification from the Railroad Retirement Board, advise such Board whether or not any such benefit will be reduced or terminated by reason of subparagraph (A), and if any such benefit will be so deduced or terminated, specify the first month with respect to which such reduction or termination will be effective. “Member of a Uniformed Service “(n) The term ‘member of a uniformed service’ means any person appointed, enlisted, or inducted in a component of the Army, Navy, Air Force, Marine Corps, or Coast Guard (including a reserve component of a uniformed service as defined in section 102 (3) of the Servicemen’s and Veterans’ Survivor Benefits Act), or in one of those services without specification of component, or as a commissioned officer of the Coast and Geodetic Survey or the Regular or Reserve Corps of the Public Health Service, and any person serving in the 70 Stat. 871 Army or Air Force under call or conscription. The term includes— “(1) a retired member of any of those services; “(2) a member of the Fleet Reserve or Fleet Marine Corps Reserve; “(3) a cadet at the United States Military Academy, a midshipman at the United States Naval Academy, and a cadet at the United States Coast Guard Academy or United States Air Force Academy; “(4) a member of the Reserve Officers’ Training Corps, the Naval Reserve Officers’ Training Corps, or the Air Force Reserve Officers’ Training Corps, when ordered to annual training duty for fourteen days or more, and while performing authorized travel to and from that duty; and “(5) any person while en route to or from, or at, a place for final acceptance or for entry upon active duty in the military or naval service— “(A) who has been provisionally accepted for such duty; or “(B) who, under the Universal Military Training and Service Act, has been selected for active military or naval service; and has been ordered or directed to proceed to such place. The term does not include a temporary member of the Coast Guard Reserve.” (b) The first sentence of section 205 (p) (1) of such Act is amended by inserting “including service, performed as a member of a uniformed service, to which the provisions of subsection (m) (1) of such section are applicable,” immediately after “in the employ of any instrumentality which is wholly owned by the United States,”.