Pub. L. 85-840, tit. III, sec. 314
gratuitous wage credits for american citizens who served in the armed forces of allied countries
gratuitous wage credits for american citizens who served in the armed forces of allied countries General Rule Sec. 314. (a) Section 217 of such Act is amended by adding at the end thereof the following new subsection: “(h) (1) For the purposes of this section, any individual who the Secretary finds— “(A) served during World War II (as defined in subsection (d) (1)) in the active military or naval service of a country which was on September 16, 1940, at war with a country with which the United States was at war during World War II; “(B) entered into such active service on or before December 8, 1941; “(C) was a citizen of the United States throughout such period of service or lost his United States citizenship solely because of his entrance into such service; “(D) had resided in the United States for a period or periods aggregating four years during the five-year period ending on the day of, and was domiciled in the United States on the day of, such entrance into such active service; and “(E) (i) was discharged or released from such service under conditions other than dishonorable after active service of ninety days or more or by reason of a disability or injury incurred or aggravated in service in line of duty, or “(ii) died while in such service, shall be considered a World War II veteran (as defined in subsection (d) (2)) and such service shall be considered to have been performed in the active military or naval service of the United States. 72 Stat. 1037 “(2) In the case of any individual to whom paragraph (1) applies, proof of support required under section 202 (f) or (h) may be filed at any time prior to the expiration of two years after the date of such individual’s death or the date of the enactment of this subsection, whichever is the later.” Reimbursement to Disability Insurance Trust Fund (b) (1) Section 217 (g) (1) of the Social Security Act is amended by deleting “Trust Fund” and inserting in lieu thereof “Trust Funds”. (2) Section 217 (g) (2) of the Social Security Act is amended by deleting “the Trust Fund” each time it appears therein and inserting in lieu thereof “the Federal Old-Age and Survivors Insurance Trust Fund” the first time and “such Trust Fund” the other times. Effective Date (c) (1) The amendment made by subsection (a) shall apply only with respect to (A) monthly benefits under sections 202 and 223 of the Social Security Act for months after the month in which this Act is enacted, (B) lump-sum death payments under such section 202 in the case of deaths occurring after the month in which this Act is enacted, and (C) periods of disability under section 216 (i) in the case of applications for a disability determination filed after the month in which this Act is enacted. (2) In the case of any individual— (A) who is a World War II veteran (as defined in section 217 (d) (2) of the Social Security Act) wholly or partly by reason of service described in section 217 (h) (1) (A) of such Act; and (B) who (i) became entitled to old-age insurance benefits under section 202 (a) of the Social Security Act or to disability insurance benefits under section 223 of such Act prior to the first day of the month following the month in which this Act is enacted, or (ii) died prior to such first day, and whose widow, former wife divorced, widower, child, or parent is entitled for the month in which this Act is enacted, on the basis of his wages and self-employment income, to a monthly benefit under section 202 of such Act; and (C) any part of whose service described in section 217 (h) (1) (A) of the Social Security Act was not included in the computation of his primary insurance amount under section 215 of such Act but would have been included in such computation if the amendment made by subsection (a) of this section had been effective prior to the date of such computation, the Secretary of Health, Education, and Welfare shall, notwithstanding the provisions of section 215 (f) (1) of the Social Security Act, recompute the primary insurance amount of such individual upon the filing of an application, after the month in which this Act is enacted, by him or (if he has died without filing such an application) by any person entitled to monthly benefits under section 202 of the Social Security Act on the basis of his wages and self-employment income. Such recomputation shall be made only in the manner provided in title II of the Social Security Act as in effect at the time of the last previous computation or recomputation of such individual’s primary insurance amount, and as though application therefor was filed in the month in which application for such last previous computation or recomputation was filed. No recomputation made under this subsection shall be regarded as a recomputation under section 215 (f) of the Social Security Act. Any such recomputation shall be effective for 72 Stat. 1038and after the twelfth month before the month in which the application is filed, but in no case for the month in which this Act is enacted or any prior month.