RS 01901: Coverage and Exceptions
TN 34 (11-05)
CITATIONS: Section 210(l) and 210(m) of the Social Security Act; Regulation No.4, Sec. 404.1019.
A. Background
Before January 1, 1957, service performed by a member of a uniformed service is not covered.
B. Policy
1. Active Duty
Beginning January 1, 1957, service performed while on active duty or active duty for training is covered except service:
performed while on leave without pay, or
creditable under the Railroad Retirement Act.
2. Inactive Duty for Training
Service (including drills) is covered beginning with service performed after December 31, 1987 except service:
performed while on leave without pay; or
creditable under the Railroad Retirement Act.
C. Definitions
1. Member of a Uniformed Service
A member of a uniformed service includes any person appointed, enlisted, or inducted into, or a retired member of, a component of the Army, Navy, Air Force, Marine Corps, Coast Guard or:
any of the Reserve components of any uniformed service without specification of component (except the Coast Guard Reserve as a temporary member);
a commissioned officer (including a retired commissioned officer) of the National Oceanic and Atmospheric Administration or the Regular or Reserve Corps of the Public Health Service;
a member of the Fleet Reserve or Fleet Marine Corps Reserve;
a cadet at the United States Military, Coast Guard or Air Force Academy or a midshipman at the United States Naval Academy;
a member of the Reserve Officers Training Corps, the Naval Reserve Officers Training Corps or the Air Force Reserve Officers Training Corps when ordered to annual duty for 14 days or more including periods of authorized travel to and from that duty;
a person selected for active military or naval training under the Military Selective Service Act or provisionally accepted for active duty in the military or naval service and are ordered or directed to a place for final acceptance or entry upon active duty and are on the way to or from or at that place.
2. Reserve Component
With respect to the Armed Forces, a reserve component is the Army Reserve, the Naval Reserve, the Marine Corps Reserve, the Air Force Reserve, the Coast Guard Reserve, the Army National Guard and the Air National Guard of the U.S.
3. Active Duty
The term “active duty” means:
full-time duty performed by a member of the uniformed service other than active duty for training;
full-time duty (other than for training purposes) as a commissioned officer of the National Oceanic and Atmospheric Administration or its predecessor organization the Coast and Geodetic Survey, or in the Regular or Reserve Corps of the Public Health Service;
service as a cadet at the United States Military, Air Force, or Coast Guard Academy, or as a midshipman at the United States Naval Academy; and
authorized travel to or from the duties described above.
4. Active Duty for Training
The term “active duty for training” means:
full-time duty performed by a member of a reserve component of a uniformed service in the active military or naval service of the U.S. for training purposes;
full-time duty as a commissioned officer of the Reserve Corps of the Public Health Service for training purposes;
full-time duty as a member of the Army National Guard or Air National Guard of any State;
duty performed by a member of a Senior Reserve Officers’ Training Corps program when ordered to such duty for the purpose of training or a practice cruise for a period of not less than four weeks and which must be completed by the member before the member is commissioned; and
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authorized travel to or from these duties.
NOTE: Active duty for training does not include duty performed as a temporary member of the Coast Guard Reserve.
5. Inactive Duty for Training
The term “inactive duty for training” means:
duty (other than full-time duty) prescribed for Reserves (including commissioned officers of the Reserve Corps of the Public Health Service);
special additional duties authorized for Reserves (including commissioned officers of the Reserve Corps of the Public Health Service) by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned; and
training (other than active duty for training) by a member of, or applicant for membership in the Senior Reserve Officers’ Training Corps.
D. Reference
SSA Publication No. 05-10017, Military Service and Social Security at http://www.socialsecurity.gov/pubs/10017.html .