SSR 62-10. WORK DEDUCTIONS -- VACATION PAY

D, an employee of the X Manufacturing Company, became entitled to old-age

insurance benefits beginning September 1959 on attainment of age 65. D

worked for the X Company throughout 1960 and received wages of $75 per

week except during July, throughout which month the X Company's plant was

closed for vacations. According to company policy D received $150 for this

vacation period. D reported to the Social Security Administration in April

1961 that he had earnings in excess of $2,080 for 1960, but that he did

not work during July as he was on vacation during that month.

Section 203 of the Social Security Act provides, as pertinent here, that

an old-age insurance beneficiary may earn as much as $1,200 in a 12-month

taxable year and still receive all his benefits for that year. If his

earnings exceed $1,200 for the taxable year, a deduction of one full

month's benefit may be required for each $80 (or fraction of $80) in

excess of $1,200. (For full taxable years ending after June 30, 1961, a

deduction of $1 may be required from benefits for each $2 of earnings over

$1,200 up to and including $1,700 and for each $1 of earnings over

$1,700.) However, no deduction may be made under this provision for any

month in which the beneficiary is age 72 or over, or in which he neither

renders services for wages of more than $100 nor renders substantial

services in self-employment.

In the present case, since D's earnings for 1960 were in excess of

$2,080, his benefits would be subject to deductions for every month in

which he rendered service for wages of more than $100. D clearly rendered

services for wages of more than $100 in the months January through June

and August through December; therefore, his benefits would be subject to

deductions in all such months. Whether his benefits for July 1960 is

subject to deduction depends upon whether in that month he "rendered

services for wages of more than $100" within the meaning of Section

203.

re than $100. D clearly rendered

services for wages of more than $100 in the months January through June

and August through December; therefore, his benefits would be subject to

deductions in all such months. Whether his benefits for July 1960 is

subject to deduction depends upon whether in that month he "rendered

services for wages of more than $100" within the meaning of Section

203.

Section 209 of the Social Security Act provides that the term "wages"

means remuneration for employment with certain exceptions. Section 209(i),

which excludes from wages payments made to an employee after the month in

which he attains retirement age if he did not work for the employer in the

period for which the payment is mead, specifically excepts vacation pay

from this exclusion. Regulations No. 4, § 404.1026(b)(1) provides:

The $150 vacation pay received by D constitutes wages under the above

provisions of the law and regulations. Further, the phrase "rendered

services for wages" which appears in section 203 of the Act, above, does

not require the actual performance of work, but encompasses the entire

employment relationship for which remuneration is paid. This is in accord

with the decision of the Supreme Court of the United States in the case of

Social Security Board v. Nierotko, 327 U.S. 358 (1946). That case involved

an employee who had been awarded back pay for a period between his

improper discharge and reinstatement; the court held that the employment

relationship continued throughout this period and that the employee must

be considered to have performed services in employment for this pay, even

though he did no actual work. Thus, where the evidence shows only that the

employee was given a period of vacation for which he was paid, and that he

returned to work immediately after the vacation, the vacation pay is wages

for services rendered in the vacation period.

ughout this period and that the employee must

be considered to have performed services in employment for this pay, even

though he did no actual work. Thus, where the evidence shows only that the

employee was given a period of vacation for which he was paid, and that he

returned to work immediately after the vacation, the vacation pay is wages

for services rendered in the vacation period.

Accordingly, it is held that D rendered services for wages of more than

$100 in the month of July 1960, and his old-age insurance benefit is

subject to deduction for that month.