C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) › Subpart K—Employment, Wages, Self-Employment, and Self-Employment Income

20 C.F.R. § 404.1013

Included-excluded rule

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(a) If part of your work for an employer during a pay period is covered as employment and part excluded, all of your work during that period is considered covered if at least one-half of your time in the pay period is in covered work. If you spend most of your time in a pay period doing work that is excluded, all of your work in that period is excluded.

(b) A pay period is the period for which your employer ordinarily pays you. It cannot be more than 31 consecutive days. If the actual period is not always the same, your usual pay period will be used for applying the included-excluded rule.

(c) The included-excluded rule does not apply and your covered work will be counted if—

(1) Part of your work is covered by the Railroad Retirement Tax Act and part by the Social Security Act; or

(2) You have no usual pay period of 31 consecutive days or less, or you have separate pay periods for covered and excluded work.

Notes of Decisions
Cited in 2 cases, 1969–2020 · leading case: Kientz v. Comm'r, SSA, 954 F.3d 1277 (10th Cir. 2020).
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Kientz v. Comm'r, SSA, 954 F.3d 1277 (10th Cir. 2020). “§ 410 (a)(6)(A) (1976); 20 C.F.R. § 404.1013 (b) (1979). And the dual status technician role enabled Plaintiff to participate in the Civil Service Retirement System—as opposed to a military retirement system—which now provides Plaintiff with a civil service pension.”
Thaxton v. Finch, 301 F. Supp. 1155 (N.D. Tex. 1969). · cites it 2× “3 He then encourages the Court to adopt the test stated in the last sentence of 20 CFR 404.1013(b) interpreting the Social Security federal employee exclusion ( 42 *1157 U.”
— 20 C.F.R. § 404.1013(b) — 1 case
Thaxton v. Finch, 301 F. Supp. 1155 (N.D. Tex. 1969). “3 He then encourages the Court to adopt the test stated in the last sentence of 20 CFR 404.1013(b) interpreting the Social Security federal employee exclusion ( 42 *1157 U.”
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