---
kind: "range"
citation: "20 C.F.R. §§ 404.1340–404.1343"
title: "20"
from: "404.1340"
to: "404.1343"
count: 4
url: "https://uscodex.org/cfr/20/404.1340..404.1343"
---

# §404.1340. Wage credits for World War II and post-World War II veterans.


In determining your entitlement to, and the amount of, your monthly benefit or lump-sum death payment based on your active service during the World War II period or the post-World War II period, and for establishing a period of disability as discussed in §§ [404.132](/cfr/20/404.132.md) and [404.133](/cfr/20/404.133.md), we add the (deemed) amount of $160 for each month during a part of which you were in the active service as described in [§ 404.1312](/cfr/20/404.1312.md) or [§ 404.1322](/cfr/20/404.1322.md). For example, if you were in active service from October 11, 1942, through August 10, 1943, we add the (deemed) amount of $160 for October 1942 and August 1943 as well as November 1942 through July 1943. The amount of wage credits that are added in a calendar year cannot cause the total amount credited to your earnings record to exceed the annual earnings limitation explained in §§ [404.1047](/cfr/20/404.1047.md) and [404.1096(b)](/cfr/20/404.1096.md?p=b).


# §404.1341. Wage credits for a member of a uniformed service.

- (a) **General.** In determining your entitlement to, and the amount of your monthly benefit (or lump sum death payment) based on your wages while on active duty as a member of the uniformed service from 1957 through 2001, and for establishing a period of disability as discussed in [§ 404.132](/cfr/20/404.132.md), we add wage credits to the wages paid you as a member of that service. The amount of the wage credits, the applicable time periods, the wage credit amount limits, and the requirement of a minimum period of active duty service for granting these wage credits, are discussed in paragraphs [(b)](#b), [(c)](#c), and [(d)](#d) of this section.
- (b) **Amount of wage credits.** The amount of wage credits added is—
  - (1) $100 for each $300 in wages paid to you for your service in each calendar year from 1978 through 2001; and
  - (2) $300 for each calendar quarter in 1957 through 1977, regardless of the amount of wages actually paid you during that quarter for your service.
- (c) **Limits on wage credits.** The amount of these wage credits cannot exceed—
  - (1) $1200 for any calendar year, or
  - (2) An amount which when added to other earnings causes the total earnings for the year to exceed the annual earnings limitation explained in §§ [404.1047](/cfr/20/404.1047.md) and [404.1096(b)](/cfr/20/404.1096.md?p=b).
- (d) **Minimum active-duty service requirement.**
  - (1) If you enlisted for the first time in a regular component of the Armed Forces on or after September 8, 1980, you must complete the shorter of 24 months of continuous active duty or the full period that you were called to active duty to receive these wage credits, unless:
    - (i) You are discharged or released from active duty for the convenience of the government in accordance with [section 1171](/usc/10/1171.md) of title 10 U.S.C. or because of hardship as specified in [section 1173](/usc/10/1173.md) of title 10 U.S.C.;
    - (ii) You are discharged or released from active duty for a disability incurred or aggravated in line of duty;
    - (iii) You are entitled to compensation for service-connected disability or death under chapter 11 of title 38 U.S.C.;
    - (iv) You die during your period of enlistment; or
    - (v) **You were discharged prior to October 14, 1982, and your discharge was—**
      - (A) Under chapter 61 of title 10 U.S.C.; or
      - (B) Because of a disability which resulted from an injury or disease incurred in or aggravated during your enlistment which was not the result of your intentional misconduct and did not occur during a period of unauthorized absence.
  - (2) If you entered on active duty as a member of the uniformed services as defined in [§ 404.1330](/cfr/20/404.1330.md) on or after October 14, 1982, having neither previously completed a period of 24 months' active duty nor been discharged or released from this period of active duty under [section 1171](/cfr/20/1171.md), [title 10](/cfr/10.md) U.S.C. (i.e., convenience of the government), you must complete the shorter of 24 months of continuous active duty or the full period you were called or ordered to active duty to receive these wage credits, unless:
    - (i) You are discharged or released from active duty for the convenience of the government in accordance with [section 1171](/usc/10/1171.md) of title 10 U.S.C. or because of hardship as specified in [section 1173](/usc/10/1173.md) of title 10 U.S.C.;
    - (ii) You are discharged or released from active duty for a disability incurred or aggravated in line of duty;
    - (iii) You are entitled to compensation for service-connected disability or death under chapter 11 of title 38 U.S.C.; or
    - (iv) **You die during your period of active service.**

# §404.1342. Limits on granting World War II and post-World War II wage credits.

- (a) You get wage credits for World War II or post-World War II active service only if the use of the wage credits results in entitlement to a monthly benefit, a higher monthly benefit, or a lump-sum death payment.
- (b) You may get wage credits for active service in July 1947 for either the World War II period or the post-World War II period but not for both. If your active service is before and on or after July 25, 1947, we add the $160 wage credit to the period which is most advantageous to you.
- (c) You do not get wage credits for the World War II period if another Federal benefit (other than one payable by the Veterans Administration) is determined by a Federal agency or an instrumentality owned entirely by the United States to be payable to you, even though the Federal benefit is not actually paid or is paid and then terminated, based in part on your active service during the World War II period except as explained in [§ 404.1343](/cfr/20/404.1343.md).
- (d) You do not get wage credits for the post-World War II period if another Federal benefit (other than one payable by the Veterans Administration) is determined by a Federal agency or an instrumentality owned entirely by the United States to be payable to you, even though the Federal benefit is not actually paid or is paid and then terminated, based in part on your active service during the post-World War II period except as explained in [§ 404.1343](/cfr/20/404.1343.md).

# §404.1343. When the limits on granting World War II and post-World War II wage credits do not apply.


The limits on granting wage credits described in § [404.1342 (c)](/cfr/20/404.1342.md?p=c) and [(d)](/cfr/20/404.1342.md?p=d) do not apply—

- (a) If the wage credits are used solely to meet the insured status and quarters of coverage requirements for a period of disability as described in §§ [404.132](/cfr/20/404.132.md) and [404.133](/cfr/20/404.133.md);
- (b) If you are the surviving spouse or child of a veteran of the World War II period or post-World War II period and you are entitled under the Civil Service Retirement Act of 1930 to a survivor's annuity based on the veteran's active service and—
  - (1) You give up your right to receive the survivor's annuity;
  - (2) A benefit under the Civil Service Retirement Act of 1930 based on the veteran's active service was not payable to the veteran; and
  - (3) Another Federal benefit is not payable to the veteran or his or her survivors except as described in [paragraph (c)](#c) of this section; or
- (c) For the years 1951 through 1956, if another Federal benefit is payable by the Army, Navy, Air Force, Marine Corps, Coast Guard, Coast and Geodetic Survey, or the Public Health Service based on post-World War II active service but only if the veteran was also paid wages as a member of a uniformed service after 1956.