§ 1645. — Qualifying quarters.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1645]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 14--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
SUBCHAPTER IV--GENERAL PROVISIONS
Sec. 1645. Qualifying quarters
For purposes of this chapter, in determining the number of
qualifying quarters of coverage under title II of the Social Security
Act [42 U.S.C. 401 et seq.] an alien shall be credited with--
(1) all of the qualifying quarters of coverage as defined under
title II of the Social Security Act worked by a parent of such alien
before the date on which the alien attains age 18, and
(2) all of the qualifying quarters worked by a spouse of such
alien during their marriage and the alien remains married to such
spouse or such spouse is deceased.
No such qualifying quarter of coverage that is creditable under title II
of the Social Security Act for any period beginning after December 31,
1996, may be credited to an alien under paragraph (1) or (2) if the
parent or spouse (as the case may be) of such alien received any Federal
means-tested public benefit (as provided under section 1613 of this
title) during the period for which such qualifying quarter of coverage
is so credited. Notwithstanding section 6103 of title 26, the
Commissioner of Social Security is authorized to disclose quarters of
coverage information concerning an alien and an alien's spouse or
parents to a government agency for the purposes of this chapter.
(Pub. L. 104-193, title IV, Sec. 435, Aug. 22, 1996, 110 Stat. 2275;
Pub. L. 105-33, title V, Sec. 5573, Aug. 5, 1997, 111 Stat. 641.)
References in Text
The Social Security Act, referred to in text, is act Aug. 14, 1935,
ch. 531, 49 Stat. 620, as amended. Title II of the Act is classified
generally to subchapter II (Sec. 401 et seq.) of chapter 7 of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see section 1305 of Title 42 and Tables.
Amendments
1997--Pub. L. 105-33, Sec. 5573(a), inserted at end
``Notwithstanding section 6103 of title 26, the Commissioner of Social
Security is authorized to disclose quarters of coverage information
concerning an alien and an alien's spouse or parents to a government
agency for the purposes of this chapter.''
Par. (1). Pub. L. 105-33, Sec. 5573(b), substituted ``before the
date on which the alien attains age 18,'' for ``while the alien was
under age 18,''.
Effective Date of 1997 Amendment
Amendment by Pub. L. 105-33 effective as if included in the
enactment of title IV of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see section
5582 of Pub. L. 105-33, set out as a note under section 1367 of this
title.
Section Referred to in Other Sections
This section is referred to in sections 1612, 1622, 1631 of this
title.
