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REGISTER

FEDERAL
VOLUME 13

1934

4 A/ITEO

NUMBER SO

Washington, Friday, Mrch 12, 1948

TITLE 20 EMPLOYEES
BENEFITS
Chapter III Social Security Admin istration Old-Age and Survivors Insurance, Federal Security Agency Reg. 3, Further Amended P art 403 F ederal Old-A ge and S urvivors I nsurance WAGES, WAGE RECORDS, HEARINGS, AND
ALLIED PROVISIONS

Regulations No. 3, as amended 12
P. R. 570, are further amended as fol lows:
1. The second paragraph of 403.302
is amended to read as follows:
403.302
Average monthly wage.
Expired quarters means the number of calendar quarters elapsing after 1936
and before the quarter in which the in dividual died or became entitled on his last application for benefits or recompu tation of benefits to receive primary insurance benefits, whichever first occurred, excluding a any quarter prior to the quarter in-which such individual attained the age of 22, during which he was paid less than $50 in wages, and b any quarter after the quarter n which he attained the age of 65 occurring prior to 1939: Provided, That where an indi vidual is credited on the Administrations records with remuneration paid in 1937
or 1938 for services performed in those years after he had attained age sixty-five, and such credits have become conclusive as wages by virtue of section 205 c of the act see 403.703, each quarter in which such remuneration was paid or deemed paid under section 209 r shall be included as an expired quarter.
2. The following example is addecf after example 2 to 403.302:
403.302
Average monthly wage.
Example 3: A performed services and was paid therefor as shown in his wage record as follows: $40 in the first half of 1937, $150 in the second half of 1937, and $300 in the first and third quarters of every year thereafter, with no postings for the seeond or fourth
quarters. At the time such items were re corded, the information known to the Admin istration indicated that A would not attain age 65 until the second quarter of 1939. A
applied for benefits in January 1943, when it is learned for the first time that he had actually attained age 65 in the second quarter of 1938.
Assuming the absence of fraud or misrep resentation and that no question as to As correct age was brought to the attention of the Administration before the expiration of the four-year statutory period specified in 205 c of the act see 403.703 f, the postings for 1937. and 1938 are conclusively deemed to be "wages despite the fact that, if such postings were not conclusive, the remuneration received for services performed after he had attained age 65 and before Janu ary 1, 1939, would not be "wages see 403.802. Hence As total wages are $190
for 1937 and $600 for each subsequent year through 1942, making a total of $3,190.
The expired quarters are four for the year 1937, two for the first half of 1938 in-
eluding the quarter of As attainment of age 65, one for the third quarter of 1938 since A is conclusively credited with $300 paid therein, even though his services were ren dered in 1938 after he attained age 65, none for the fourth quarter since no credits were posted therein, and four for each subsequent year through 1942, making a total of 23 "ex pired quarters. As average monthly wage is $3,190 divided by sixty-nine, or $46.23.

CONTENTS
Agriculture Department
Page
Proposed rule making:
Milk handling:
Cleveland, Ohio, area-------- 1326
Louisville, Ky., area Corr.. 1320
Oranges in California and Ari zona____ ------------------- 1320
Alien Property, Office of
Notices:
Vesting orders, etc.:
Curtis, Hedwig A-------------- 1327
Gadski, M artha_______ ____ 1328
Nakamura, Sekijiro----------- 1327
Schonher, Michael___ 1328
Schulwitz, Gustav A-- 1328
Civil Aeronautics Board
Notices:
Alaska Airlines, Inc.; retroac tive mail rates------------------

1329

Coast Guard
Rules and regulations:
Liquefied petroleum gas; trans portation or storage on board vessels_____________ ______

1320

Federal Power Commission
Notices :
3.
Section 403.702 a is amended to Hearings, etc.:
read as follows:

New York State Natural Gas Corp____________ ______
403.702 Supporting evidence as to Niagara Falls Power Co------right to receive benefits and lump sums.
Federal Trade Commission a Evidence as to wages. The Notices :
amounts of wages paid an individual, Fine and wrapping paper dis and the time of payment, may be proved tributing i n d u s t r y ; trade by the wage records of the Administra practice conference________
tion and by other evidence of probative value in the manner and subject to the Interstate Commerce Commis limitations prescribed by 403.703. An sion applicant for benefits or a lump sum Notices:
need not submit evidence as to wages Pennsylvania Railroad Co.; di unless requested to do so by the Admin rective to furnish cars for coal istration.
s supply-------------------------Amounts of remuneration paid ail-in dividual for wartime maritime services Securities and Exchange Com constituting employment in the employ mission of the United States see 403.827 c, Notices:
and the periods in which and for which Dallas Power & Light Co. and stjfh remuneration was paid, will be conTexas Utilities Co.; notice of filing____________________
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