# 20 CFR § 404.465: Conviction for subversive activities; effect on monthly benefits and entitlement to hospital insurance benefits

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-20-404.465

## Section

- **Citation:** 20 CFR § 404.465
- **Heading:** Conviction for subversive activities; effect on monthly benefits and entitlement to hospital insurance benefits
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 20—Employees' Benefits > CHAPTER III—SOCIAL SECURITY ADMINISTRATION > PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) > Subpart E—Deductions › Reductions › and Nonpayments of Benefits

## Text

(a) Effect of conviction. Where an individual is convicted of any offense (committed after August 1, 1956) under chapter 37 (relating to espionage and censorship), chapter 105 (relating to sabotage), or chapter 115 (relating to treason, sedition, and subversive activities) of title 18 U.S.C., or under section 4, 112, or 113 of the Internal Security Act of 1950, as amended, the court, in addition to all other penalties provided by law, may order that, in determining whether any monthly benefit is payable to the individual for the month in which he is convicted or for any month thereafter, and in determining whether the individual is entitled to hospital insurance benefits under part A of title XVIII for any such month, and in determining the amount of the benefit for that month, the following are not to be taken into account:
(1) Any wages paid to such individual, or to any other individual, in the calendar quarter in which such conviction occurred or in any prior calendar quarter, and
(2) Any net earnings from self-employment derived by the individual, or any other individual, during the taxable year in which the conviction occurred or during any prior taxable year.
(b) Recalculation of benefit. When notified by the Attorney General that the additional penalty as described in paragraph (a) of this section has been imposed against any individual entitled to benefits under section 202 or section 223 of the Act (see subpart D), the Administration, for the purposes of determining the individual's entitlement to such benefits as of the month in which convicted and the amount of the benefit, will exclude the applicable wages and net earnings in accordance with the order of the court.
(c) Effect of pardon. In the event that an individual, with respect to whom the additional penalty as described in paragraph (a) of this section has been imposed, is granted a pardon of the offense by the President of the United States, such penalty is not applied in determining such individual's entitlement to benefits, and the amount of such benefit, for any month beginning after the date on which the pardon is granted.

## Nearby sections

- [20 CFR § 404.1 § 404.1 Introduction.](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.1.md)
- [20 CFR § 404.402 § 404.402 Interrelationship of deductions, reductions, adjustments, and nonpayment of benefits.](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.402.md)
- [20 CFR § 404.403 § 404.403 Reduction where total monthly benefits exceed maximum family benefits payable.](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.403.md)
- [20 CFR § 404.408a § 404.408a Reduction where spouse is receiving a Government pension.](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.408a.md)
- [20 CFR § 404.408b § 404.408b Reduction of retroactive monthly social security benefits where supplemental security income (SSI) payments were received for the same period.](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.408b.md)
- [20 CFR § 404.409 § 404.409 What is full retirement age?](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.409.md)
- [20 CFR § 404.412 § 404.412 After my benefits are reduced for age when and how will adjustments to that reduction be made?](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.412.md)
- [20 CFR § 404.417 § 404.417 Deductions because of noncovered remunerative activity outside the United States; 45 hour and 7-day work test.](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.417.md)
- [20 CFR § 404.421 § 404.421 How are deductions made when a beneficiary fails to have a child in his or her care?](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.421.md)
- [20 CFR § 404.423 § 404.423 Manner of making deductions.](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.423.md)
- [20 CFR § 404.425 § 404.425 Total amount of deductions where deduction events occur in more than 1 month.](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.425.md)
- [20 CFR § 404.430 § 404.430 Monthly and annual exempt amounts defined; excess earnings defined.](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.430.md)
- [20 CFR § 404.434 § 404.434 Excess earnings; method of charging.](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.434.md)
- [20 CFR § 404.436 § 404.436 Excess earnings; months to which excess earnings cannot be charged because individual is deemed not entitled to benefits.](https://www.frixlaw.com/law-library/statutes/ecfr-20-404.436.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-20-404.465. Check the current official text before relying on it. Not legal advice.