42 U.S.C. § 410

DEPOSITS BY QUALIFIED ENTITIES.

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“(a)In General.—Not less than once every 3 months during each project year, each qualified entity under this title shall deposit in the individual development account of each individual participating in the project, or into a parallel account maintained by the qualified entity—“(1) from the non-Federal funds described in section 405(c)(4), a matching contribution of not less than $0.50 and not more than $4 for every $1 of earned income (as defined in section 911(d)(2) of the Internal Revenue Code of 1986 [26 U.S.C. 911(d)(2)]) deposited in the account by a project participant during that period;“(2) from the grant made under section 406(b), an amount equal to the matching contribution made under paragraph (1); and“(3) any interest that has accrued on amounts deposited under paragraph (1) or (2) on behalf of that individual into the individual development account of the individual or into a parallel account maintained by the qualified entity.“(b)Limitation on Deposits for an Individual.—Not more than $2,000 from a grant made under section 406(b) shall be provided to any one individual over the course of the demonstration project.“(c)Limitation on Deposits for a Household.—Not more than $4,000 from a grant made under section 406(b) shall be provided to any one household over the course of the demonstration project.“(d)Withdrawal of Funds.—The Secretary shall establish such guidelines as may be necessary to ensure that funds held in an individual development account are not withdrawn, except for one or more qualified expenses, or for an emergency withdrawal. Such guidelines shall include a requirement that a responsible official of the qualified entity conducting a project approve a withdrawal from such an account in writing. The guidelines shall provide that no individual may withdraw funds from an individual development account earlier than 6 months after the date on which the individual first deposits funds in the account.“(e)Reimbursement.—An individual shall reimburse an individual development account for any funds withdrawn from the account for an emergency withdrawal, not later than 12 months after the date of the withdrawal. If the individual fails to make the reimbursement, the qualified entity administering the account shall transfer the funds deposited into the account or a parallel account under this section to the Reserve Fund of the qualified entity, and use the funds to benefit other individuals participating in the demonstration project involved.
Notes of Decisions
Cited in 186 cases (14 in the last 5 years), 1937–2026 · leading case: Cornelius v. Sullivan, 936 F.2d 1143 (11th Cir. 1991).
Cornelius v. Sullivan, 936 F.2d 1143 (11th Cir. 1991). · cites it 16× “§ 405 (g), which provides judicial review of a final decision by the Secretary.”
United States v. Hatter, 532 U.S. 557 (2001). · cites it 4× “See 42 U. S. C. §§ 410 (a)(5)(C)—(G); see also H.”
Donald Larry Martin v. Soc. Sec. Admin., Comm'r, 903 F.3d 1154 (11th Cir. 2018). · cites it 4× “5 See 42 U.S.C. § 410 (a)(5) ; 20 C.F.R. § 404.”
Communist Party of United States v. Subversive Activities Control Bd., 367 U.S. 1 (1961). · cites it 4× “807 , 839, 42 U. S. C. § 410 (a) (17), and Chapter 21 of the Internal Revenue Code of 1954, as amended, 70 Stat.”
Kientz v. Comm'r, SSA, 954 F.3d 1277 (10th Cir. 2020). · cites it 4× “See 42 U.S.C. § 410 (a)(5); 20 C.F.R. § 404.1018 .”
Lorraine Beeler v. Andrew M. Saul, 977 F.3d 577 (7th Cir. 2020). · cites it 10× “§ 415 (a)(7)(A)(ii), states in part that an indi‐ vidual who becomes eligible for a monthly periodic payment “which is based in whole or in part upon his or her earnings for service which did not constitute ‘employment’ as defined in [ 42 U.S.C. § 410 ] … (hereafter in this…”
Albert G. SMITH, Appellee, v. Louis W. SULLIVAN, M.D., Sec'y of Health & Human Servs., Appellant, 982 F.2d 308 (8th Cir. 1992). · cites it 4× “*312 The percentage used to calculate a claimant’s PIA may be lowered if the claimant also receives a monthly periodic payment based in whole or in part on the claimant's earnings from service that does not qualify as “employment” under 42 U.S.C. § 410 . 42 U.S.C. § 415 (a)(7).”
David Babcock v. Comm'r of Soc. Sec., 959 F.3d 210 (6th Cir. 2020). · cites it 4× “See 42 U.S.C. § 410 (l)(1). He did not pay Social Security taxes on his wages for inactive-duty training before 1988 or on his civil-service wages.”
Flemming v. Nestor, 363 U.S. 603 (1960). · cites it 2× “Broadly speaking, eligibility for benefits depends on satisfying statutory conditions as to (1) employment in covered employment or self-employment (see § 210 (a), 42 U. S. C. § 410 (a)); (2) the requisite number of "quarters of coverage"— i.”
United States v. Mem'l Sloan-Kettering Cancer Ctr., 563 F.3d 19 (2d Cir. 2009). · cites it 4× “After an Eighth Circuit decision holding that residents were eligible to apply for a similarly worded student exception under 42 U.S.C. § 410 (a)(10), see Minnesota v.”
Ted Martin v. Louis W. Sullivan, Sec'y of the Dep't of Health & Human Servs., 894 F.2d 1520 (11th Cir. 1990). “42 U.S.C. § 410 (j)(l) (1982). Therefore, the Secretary appropriately considered the amount of Martin’s monthly earnings pursuant to the statutory exempt amounts.”
Petersen v. Astrue, 633 F.3d 633 (8th Cir. 2011). · cites it 3× “based wholly on service as a member of a uniformed service (as defined in [ 42 U.S.C. § 410 (m)]).” 42 U.S.C. § 415 (a)(7)(A).”
— 42 U.S.C. § 410(a) — 2 cases
Sayer v. Richardson, 360 F. Supp. 199 (W.D. La. 1973).
Howatt v. Folsom, 160 F. Supp. 490 (E.D. Pa. 1957).
— 42 U.S.C. § 410(j) — 1 case
Kelley v. Celebrezze, 243 F. Supp. 18 (D.N.J. 1965).
— 42 U.S.C. § 410(k)(2) — 1 case
Ayers v. Hobby, 123 F. Supp. 115 (W.D. Va. 1954).
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