# SSR 64-64: SSR 64-64: SECTIONS 217(a). -- VETERANS -- MILITARY SERVICE WAGE CREDITS -- EFFECT OF BENEFIT AWARDED BY ANOTHER FEDERAL AGENCY

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_64

## Section

- **Citation:** SSR 64-64
- **Heading:** SSR 64-64: SECTIONS 217(a). -- VETERANS -- MILITARY SERVICE WAGE CREDITS -- EFFECT OF BENEFIT AWARDED BY ANOTHER FEDERAL AGENCY
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / OASI / Benefits in Case of Veterans / SSR 64-64

## Text

20 CFR 404.1308 and 404.1310

SSR 64-64

The worker, P, served on active duty as an enlisted man with the United
States Army from 1914 until December 31, 1945. Although he was retired on
April 30, 1944, having completed the 30 years of service required by law
for such retirement, he was immediately recalled to service and continued
to serve on active duty until December 31, 1945, since the United States
was still engaged in World War II. He now receives Army retirement pay,
based on 30 years of service. The Army did not use the period of service
from May 1, 1944, through December 31, 1945, in determining his
eligibility for, or in computing the amount of, his retirement pay.

In December 1962 P filed an application for old-age insurance benefits.
Based upon his date of birth, February 26, 1897, he needs 11 quarters of
coverage to be fully insured and entitled to old-age insurance benefits. P
has 8 quarters of coverage in the years 1947-1949, based upon wages for
covered employment during those years. (A worker has a quarter of coverage
for any calendar quarter after 1936 in which he has been paid $50 in wages
or meets other requirements not pertinent in this case.)

Since P has only 8 of the 11 quarters of coverage he needs to be fully
insured, he is ineligible for the benefits claimed, unless he can be
credited with at least 3 additional quarters of coverage by reason of his
military service.
has a quarter of coverage
for any calendar quarter after 1936 in which he has been paid $50 in wages
or meets other requirements not pertinent in this case.)

Since P has only 8 of the 11 quarters of coverage he needs to be fully
insured, he is ineligible for the benefits claimed, unless he can be
credited with at least 3 additional quarters of coverage by reason of his
military service.

With the type of exception referred to hereafter, remuneration for
service before 1957 in the armed forces of the United States is not
creditable under the Social Security Act toward quarters of coverage.
However, pursuant to section 217(a)(1), a veteran may, under certain
conditions, be deemed to have been paid wages of $160 in each month during
any part of which he served in the active military service of the United
States during World War II, i.e., September 16, 1940, through July 24,
1947. P meets all the conditions for the granting of such military service
wage credits except one. Section 217(a)(1) further provides in pertinent
part:

In the present case, a Federal agency (the United States Army) has
awarded a benefit (P's retirement pay) based on P's World War II service
before May 1, 1944. Without that service P would not meet the 30-year
requirement for Army retirement pay. P recognizes that wage credits cannot
be granted for his World War II service before May 1, 1944; but he
contends that since his retirement pay is not based, either in whole or in
part, on his World War II service from May 1, 1944, through December 31,
1945, he should be granted military service wage credits of $160 per month
for that period.
0-year
requirement for Army retirement pay. P recognizes that wage credits cannot
be granted for his World War II service before May 1, 1944; but he
contends that since his retirement pay is not based, either in whole or in
part, on his World War II service from May 1, 1944, through December 31,
1945, he should be granted military service wage credits of $160 per month
for that period.

Accordingly, the question to be decided is whether the fact that a
Federal benefit is based on only a part of the veteran's World War II
service precluded the granting of military service wage credits for the
remainder of his World War II service. P's entitlement to old-age
insurance benefits depends on the resolution of this issue. With such
credits for the period May 1, 1944, through December 31, 1945, P would
have 7 additional quarters of coverage, (for the last 3 calendar quarters
of 1944 and the 4 calendar quarters of 1945), and consequently would be
fully insured and entitled to the benefits claimed.

P's Army retirement benefit is based in part on his active military
service during World War II within the purview of the limitation on the
granting of social security credit for such service contained in section
217(a)(1). The prohibition applies, under Social Security Administration
Regulations § 404.1310(c), "if any part of the veteran's active
service during the World War II period has been credited toward another
'Federal benefit'." (Emphasis supplied.) See Moncrief v. Folsom ,
233 F.2d 471 (4th Cir., 1956). It follows, pursuant to the law and
regulations, that P cannot be credited with military service wage credits
for any part of his active service during World War II.

Accordingly, it is held that since military service wage credits
must be denied P, he is not fully insured and therefore is not entitled to
old-age insurance benefits.

## Nearby sections

- [SSR 60-16 SSR 60-16. MILITARY SERVICE WAGE CREDITS -- SERVICE IN THE WOMEN'S ARMY AUXILIARY CORPS (WAAC)](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_60_16.md)
- [SSR 61-49 SSR 61-49. MILITARY SERVICE WAGE CREDITS -- EFFECT OF BENEFIT AWARDED BY ANOTHER FEDERAL AGENCY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_49.md)
- [SSR 62-13 SSR 62-13. VETERANS -- MILITARY SERVICE WAGE CREDITS -- EFFECT OF CORRECTION OF ARMY RECORDS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_13.md)
- [SSR 63-29 SSR 63-29: SECTIONS 202, 215, AND 217. -- COMPUTATION OF BENEFITS -- USE OF MILITARY SERVICE WAGE CREDITS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_29.md)
- [SSR 64-12 SSR 64-12: SECTION 217(h). -- MILITARY SERVICE WAGE CREDITS -- MILITARY SERVICE FOR POLISH GOVERNMENT-IN-EXILE DURING WORLD WAR II](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_12.md)
- [SSR 64-15 SSR 64-15: P.L. 87-574 (76 Stat. 308). -- STATUS OF SERVICES PERFORMED BY PATIENTS AND MEMBERS IN VA HOSPITALS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_15.md)
- [SSR 64-64 SSR 64-64: SECTIONS 217(a). -- VETERANS -- MILITARY SERVICE WAGE CREDITS -- EFFECT OF BENEFIT AWARDED BY ANOTHER FEDERAL AGENCY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_64.md)
- [SSR 68-11 SSR 68-11: SECTIONS 217(a), 217(d), and 217(e). -- VETERANS -- MILITARY SERVICE WAGE CREDITS -- PRESIDENTIAL PARDON AFTER DISHONORABLE DISCHARGE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_11.md)
- [SSR 69-47 SSR 69-47: SECTION 229(a). -- DEDUCTIONS -- MILITARY SERVICE WAGE CREDITS -- STATUS OF DEEMED WAGES FOR DEDUCTION PURPOSES](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_69_47.md)
- [SSR 70-13 SSR 70-13: SECTIONS 217(a)(1)(B) and 217(e)(1)(B). -- VETERANS -- GRATUITOUS MILITARY SERVICE WAGE CREDITS -- USE PRECLUDED IF PREVIOUSLY CREDITED FOR NONREGULAR MILITARY SERVICE RETIRED PAY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_13.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_64. Check the current official text before relying on it. Not legal advice.
