# SSR 64-8: SSR 64-8: SECTIONS 209 and 215. -- COMPUTATION OF BENEFITS -- ACCRUED WAGES PAID AFTER WORKER'S DEATH BUT WITHIN YEAR OF DEATH

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_8

## Section

- **Citation:** SSR 64-8
- **Heading:** SSR 64-8: SECTIONS 209 and 215. -- COMPUTATION OF BENEFITS -- ACCRUED WAGES PAID AFTER WORKER'S DEATH BUT WITHIN YEAR OF DEATH
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / OASI / Definition of Wages / SSR 64-8

## Text

SSR 64-8

The worker, G, while on active duty in the United States Air Force, was
reported missing in action on August 26, 1962. He was carried on the rolls
of his unit as missing until November 1962, when the Air Force determined
that he had died on August 28, 1962, and paid to his widow the accrued pay
(minus appropriate social security and income tax deductions) due the
worker. The widow filed application November 30, 1962, on G's earnings
record for mother's insurance benefits for herself, and for child's
insurance benefits on behalf of their minor daughter. In connection with
these claims, the Air Force certified to the Social Security
Administration as wages of G paid in 1962 (pursuant to section 205(p) of
the Social Security Act) an amount which included all accrued pay; the
certification showed that the accrued amount was paid November 27, 1962,
to the widow.

The widow and child meet all requirements for entitlement to the monthly
benefits claimed, beginning August 1962, the month in which G died. Under
sections 202(g) and (d) of the Act, a mother's and a child's insurance
benefit on a deceased worker's earnings record are each equal to
three-fourths of the worker's primary insurance amount.

Under section 215 of the Social Security Act, the primary insurance
amount depends upon a worker's average monthly wage; and in computing the
average monthly wage for purposes of survivor's benefits, wages paid in
the year of death must be used if evidence available at the time of
computation shows that such wages would increase the primary insurance
amount.

The question in this case is whether that portion of G's 1962 wages which
was paid after his death to his widow, is includible as wages paid in 1962
for purposes of computing G's average monthly wage. If so, G's total wages
for 1962 will be sufficiently high to increase the primary insurance
amount and, therefore, the benefits to which the widow and daughter are
entitled.
ance
amount.

The question in this case is whether that portion of G's 1962 wages which
was paid after his death to his widow, is includible as wages paid in 1962
for purposes of computing G's average monthly wage. If so, G's total wages
for 1962 will be sufficiently high to increase the primary insurance
amount and, therefore, the benefits to which the widow and daughter are
entitled.

"Wages" are defined in section 209 as remuneration for employment, and
"employment" is defined in section 210 as service performed by an employee
for his employer (both definitions being subject to exceptions not
pertinent here). The fact that an employee's death intervenes between his
performance of services and the payment of remuneration for such services
does not prevent such remuneration from being wages. The provisions of
section 215, dealing with computation of a worker's average monthly wage
and primary insurance amount, do not limit wages which may be used in such
computation to those wages paid to the worker personally or to those paid
before his death. Under this section, a worker's wages paid in the year of
his death are includible for purposes of computing the amount of any
survivor benefit, regardless of whether they were paid before or after his
death, or (as in the present case) after the calendar quarter in which the
worker died.

Accordingly, it is held that G's wages paid in 1962, including the
accrued amount paid after his death, and within the year of his death, may
be included in computing G's primary insurance amount and the amounts of
the mother's and child's insurance benefits.

## Nearby sections

- [SSR 61-6 SSR 61-6. DOMESTIC SERVICE BY FAMILY MEMBER](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_6.md)
- [SSR 61-25 SSR 61-25. RAILROAD COMPENSATION CREDITABLE AS WAGES UNDER SOCIAL SECURITY ACT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_25.md)
- [SSR 62-29 SSR 62-29. WAGES -- DOMESTIC SERVICE -- IDENTITY OF EMPLOYER](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_29.md)
- [SSR 62-63 SSR 62-63: Rescinded 1984](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_63.md)
- [SSR 63-18 SSR 63-18: SECTION 209. -- WAGES -- TRAVEL EXPENSES EXCEEDING ALLOWANCE FOR TRAVEL](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_18.md)
- [SSR 63-42c SSR 63-42c: SECTION 209. -- WAGES -- EXTENT AND VALUE OF SERVICES](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_42c.md)
- [SSR 64-8 SSR 64-8: SECTIONS 209 and 215. -- COMPUTATION OF BENEFITS -- ACCRUED WAGES PAID AFTER WORKER'S DEATH BUT WITHIN YEAR OF DEATH](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_8.md)
- [SSR 64-59 SSR 64-59: SECTIONS 209(b), (c), and (e). -- WAGES -- PURCHASE OF ANNUITIES BY SCHOOL DISTRICTS FOR THEIR EMPLOYEES THROUGH VOLUNTARY SALARY REDUCTION PLANS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_59.md)
- [SSR 67-41a SSR 67-41a: SECTION 209(g)(1). -- WAGES -- NONCASH PAYMENTS -- DOMESTIC EMPLOYMENT WHEN CHURCH IS THE EMPLOYER](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_67_41a.md)
- [SSR 70-10 SSR 70-10: SECTION 209(h). -- WAGES -- CASH REMUNERATION FOR AGRICULTURAL LABOR -- COUPON BOOKS ISSUED BY EMPLOYER](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_10.md)
- [SSR 70-11 SSR 70-11: SECTION 209(h). -- WAGES -- CASH REMUNERATION FOR AGRICULTURAL LABOR -- UNITED STATES SAVINGS BONDS, SERIES E](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_11.md)
- [SSR 70-43 SSR 70-43: SECTION 209. -- WAGES -- STATUS OF UNIFORM ALLOWANCES TO EMPLOYEES OF A STATE OR POLITICAL SUBDIVISION](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_43.md)
- [SSR 72-56 SSR 72-56: SECTION 209(b) and (d) (42 U.S.C. 409(b) AND (d)). -- STATE AND LOCAL COVERAGE -- WAGES -- STATUS OF REMUNERATION PAID TO PUBLIC EMPLOYEES ABSENT FROM WORK DUE TO ILLNESS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_72_56.md)
- [SSR 72-57 SSR 72-57: SECTION 209(g)(2) and 214(a) (42 U.S.C. 409(g)(2) and 414(a)). -- WAGES -- DOMESTIC SERVICE -- IDENTITY OF EMPLOYER -- INSURED STATUS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_72_57.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_8. Check the current official text before relying on it. Not legal advice.
