---
kind: "section"
citation: "20 C.F.R. § 404.1013"
title: "20"
number: "404.1013"
heading: "Included-excluded rule."
url: "https://uscodex.org/cfr/20/404.1013"
---

# §404.1013. Included-excluded rule.

- (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 <I>pay period</I> 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

### Authority

Authority: Secs. 202(v), 205(a), 209, 210, 211, 229(a), 230, 231, and 702(a)(5) of the Social Security Act (42 U.S.C. 402(v), 405(a), 409, 410, 411, 429(a), 430, 431, and 902(a)(5)) and 48 U.S.C.1801.

### Source

Source: 45 FR 20075, Mar. 27, 1980, unless otherwise noted.